This version replaces all previous versions. Last updated June 1, 2023.

Welcome to esacareermentoring.com.au (our Site).

Our Site gives you an opportunity to browse and contact us about career mentoring services offered by ESA Career Mentoring (ABN 40 449 570 746).

These Terms and Conditions (Terms) govern your use of our Site as well as provide a framework for any services provided to you by ESA Career Mentoring (hereinafter “ESA Career Mentoring”, or “we” or “us”) and form a binding contractual agreement between you and us.

These Terms are important, and you should ensure that you read them carefully and contact ESA Career Mentoring at hello@esacareermentoring.com.au if you have any questions before purchasing or engaging in our services. These Terms, along with any statement of works and accepted quotations relating to your engagement of us for a specific project, constitute the entire and only agreement between you and us and supersede all prior agreements, conduct, representations and understandings, unless where an amendment of these Terms has been specifically agreed to by both parties. ESA Career Mentoring services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

1. By accessing or using the services offered on our Site or offline, by accepting a proposal, or by paying an invoice, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on our Site. Your continued use of the Site and our services will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at hello@esacareermentoring.com.au and immediately discontinue your use of the services.

GENERAL DISCLAIMER

3. All ESA Career Mentoring services are intended as general suggestions for you. Nothing on our Site, or any of the content provided to you by us during our provision of services, purports to offer legal or other professional advice outside the scope of our expertise. Always use caution when making business decisions and when unsure always seek further professional advice before acting on any information that we provide.

4. You acknowledge and agree that ESA Career Mentoring, its directors, principals, employees and representatives are not responsible for decisions that you may make, based or not based on suggestions we make, nor losses that may arise out of any business or personal decision made by you at any time.

5. ESA Career Mentoring provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including (but not limited to) your dedication, desire, and motivation.

6. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results. 

EARNINGS AND INCOME DISCLAIMER

7. ESA Career Mentoring cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, strategies, suggestions, or products. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.

8. Any suggestions referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

SUBCONTRACTING

9. We reserve the right to subcontract any services that we have agreed to perform for you as we see fit. As part of our commitment to full transparency of our works provided to you, we will always inform you before engaging a subcontractor. We remain solely responsible for any services that we have agreed to perform for you.

PROVIDING YOUR PERSONAL DETAILS

10. To the extent that you provide personal information, ESA Career Mentoring will treat such information strictly in accordance with its Privacy Policy.

11. You must ensure the security and confidentiality of your personal details, including any username and/or password. You must notify us immediately if you become aware of any unauthorised use of your registered details.

CONFIDENTIALITY

12. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and have established and maintain effective security measures to safeguard all Confidential Information from unauthorised access, use, copying, disclosure, damage or destruction. By using our products and/or services, you agree to respect the same rights of the ESA Career Mentoring products and/or services.

13. Both parties agree:

    1. That any Confidential Information shared by any of our representatives is confidential and proprietary and belongs solely and exclusively to the disclosing party.
    2. Not to disclose such information to any other person or use it in any manner other than with the prior written consent of the other party.
    3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
    4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
    • For the avoidance of doubt, the provisions of Terms do not extend to any of the Confidential Information which:
      • is in or becomes part of the public domain other than as a result of a breach by the recipient, or a representative, or any other party to these Terms;
      • becomes known to the recipient on a non-confidential basis from any third party unless the recipient knows that the source of the information is bound by an agreement to keep the information confidential;
      • is already known to the recipient and does not relate to the specific purpose of these Terms; or
      • is required by any law or any order of any court, tribunal, authority or regulatory body to be disclosed provided always that the disclosing party, where legally permitted to do so, notifies the other party promptly of the requirements and works with the other party in good faith to limit the extent of that disclosure to what is required.

14. While you are free to discuss your personal results from our services, you must keep the advice, experience, statements, proposals/pricing, oral or written, in the strictest of confidence, except for disclosure to your affiliates, auditors and professional advisers which is permitted.

YOUR FEEDBACK

15. We welcome enquiries or feedback on our Site or via email. Unless specifically stated by you, we shall treat any feedback you share with us as non-proprietary and non-confidential and are allowed to use this for marketing purposes.

16. If you have questions or comments regarding our Site, or ESA Career Mentoring products or services, please email us at hello@esacareermentoring.com.au.

EXCLUSION OF COMPETITORS

17. If you are in the business of providing similar services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ESA Career Mentoring. ESA Career Mentoring expressly excludes and does not permit you to use our suggestions or access our Site, to download any documents or information from our Site or obtain any such documents or information through a third party. If you breach this term, ESA Career Mentoring will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. ESA Career Mentoring reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT AND TRADEMARK NOTICES

18. All material on our Site or delivered by us to you through any other means including (but not limited to) templates, documents, emails, information architecture (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. Where a specific project includes the creation of materials or information such as (but not limited to) content or designs as part of ESA Career Mentoring’s services to you, ESA Career Mentoring remains the proprietor of these elements. However, by default, you will, receive exclusive and unlimited usage rights for these elements within your business for the duration of these Terms and following termination of the Terms for any reason. These materials or information may not be duplicated or shared with any entity that does not form part of your own business.

19. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

20. The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of ESA Career Mentoring. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to ESA Career Mentoring, in any manner that is likely to cause confusion with customers, or in any manner that disparages ESA Career Mentoring.

21. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.

22. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that ESA Career Mentoring may be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

23. You must obtain all necessary permissions and authorities in respect of the use of all copy, graphics, images, registered company logos, names and trademarks, or any other material that you supply to us for the purpose of ESA Career Mentoring providing you with a product or service. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your online and offline presence except in instances where such claims or legal actions are as a result of the gross negligence, wilful misconduct or fraud of ESA Career Mentoring, its directors, principals, employees or representatives.

RIGHT TO SUSPEND, TERMINATE AND REFUND

24. We reserve the right to suspend or terminate your use of the Site or our services generally, if you breach any of these Terms, and the matter cannot be resolved in accordance with the dispute resolution provisions contained within these Terms.

25. Refunds are not provided for our services, including where you have been given access to Our Content, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).

26. Where ESA Career Mentoring has been engaged by you on a retainer basis without specific end date, either party may terminate these Terms at any time upon the provision of 30 days prior written notice to the other. If terminated, we will provide reasonable assistance to you during the relevant termination or transfer period.

FINANCIAL TERMS

27. The cost, cancellation and refund, if any, details of our products and services are set out below:

28. All products are charged in AUD as per the agreed price stated in the quotation you will receive prior to ESA Career Mentoring commencing the work on your project.

29. Subject to section 30 below, there is no refund available on any of our products or services.

30. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds may be granted at the discretion of ESA Career Mentoring.

31. Invoices for any ESA Career Mentoring products or services can be requested at any time by emailing hello@esacareermentoring.com.au.

32. When accepting a proposal for ESA Career Mentoring services, verbally or in writing, and you accept this proposal:

    1. you agree to the payment terms stated on the quote and/or invoice; and
    2. you agree to ensure that sufficient funds are available to settle any debts by the due date stated on the invoice; and
    3. you agree to a late-payment fee of 2% of the remaining total to be added to the invoice if payment is overdue by 3 or more working days.

33. You agree to reimburse us for any expenses which do not form part of our proposal including (but not limited to) the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses, provided that any such expenses are notified and agreed with you in advance and are properly receipted/evidenced.

34. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted. Payment is considered to be defaulted 10 working days after the payment due date stated on your quotation and/or invoice.

35. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

36. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us at hello@esacareermentoring.com.au.

LIABILITY IS LIMITED

37. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include (but are not limited to) those rights under the Australian Consumer Law.

38. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, services provided or Our Content unless such losses are caused by the gross negligence, wilful misconduct or fraud of ESA Career Mentoring, its directors, principals, employees or representatives.

39. ESA Career Mentoring explicitly disclaims any warranties of any kind, either express or implied, including (but not limited) to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to services, products, or projects.

40. In no event will we be liable for any damages whatsoever, including (but not limited to) any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon our Site, services provided or Our Content unless such damages arise as a result of the gross negligence, wilful misconduct or fraud of ESA Career Mentoring, its directors, principals, employees or representatives.

41. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

    1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third-party material and advertisements).
    2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
    3. Accessing websites or servers maintained by other organisations through links on our Site or provided as part of our services. Links are provided for convenience only. We do not endorse linked websites, nor their products and services and you access them at your own risk.
    4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

42. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms unless arising from the gross negligence, wilful misconduct or fraud of ESA Career Mentoring, its directors, principals, employees or representatives. Other than the carve-out in the preceding sentence, we are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, through use of our products or services.

DISPUTE RESOLUTION

43. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

44. All notices are to be provided to hello@esacareermentoring.com.au.

45. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may (but is not obliged to) refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

46. Once a mediator is appointed, the parties agree that:

    1. The costs of the mediator shall be borne equally between the disputing parties.
    2. The chosen mediator shall determine the procedures for mediation.
    3. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

47. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

48. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

49. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

50. This clause survives termination of these Terms.

APPLICABLE LAW

51. These Terms shall be construed in accordance with and governed by the laws of New South Wales. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

EXCLUSION OF UNENFORCEABLE TERMS

52. Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.