Terms

1. Services
   
   On your request, we will:
1. Provide you with access to an online platform that offers access to the academy, which:
   
   - connects Australian Defence Force (ADF) government service personnel or other individuals seeking assistance to transition into the workforce (Mentees) with access to individuals who assist in the transition (Mentors);
   
   - provides Mentees with resources to assist them to enter the job market successfully;
   
   - provides Mentees with access to information about available jobs; and
   
   - provides Mentees with access to a network of companies,(The Academy)
2. Provide you with access to training courses which:
   
   - combine defence force planning and tactics with technical skills to grow new capabilities in the industry;
   
   - provide teaching support to you both on request and during the training course;
   
   - provide you with resources to assist you to learn and complete the course successfully; (the Training Course).
3. You must use the Services for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of the Services.
4. You agree that the Services are provided “as is” and “as available”. You agree your use of the Services is at your own risk. We do not represent or warrant that the operation of the Services will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
2. The Academy - This clause 2 applies if you are participating in the Academy.
1. The Mentee acknowledges:
   
   - Mentors may not be, nor ever have been a member of the ADF and thus may not fully understand the ADF transition process; and
   
   - Mentees may be screened for suitability, success and viability before being provided a Mentor.
2. We will use reasonable endeavours to:
   
   - connect Mentors and Mentees based on the availability of Mentors and the suitability information provided by the Mentee during registration;
   
   - liaise with you to monitor the partnerships progress and offer ongoing support;
   
   - provide ongoing supervision to you both on request and on a routine basis;
   
   - conduct a formal review of the match between the Mentor and Mentee at 6 month intervals;
   
   - provide you with information about jobs available within our network.
   
3. Accounts
1. In order to access certain features of the Services, such as the Training Courses you must set up an account within the Services.
2. You agree and acknowledge that all information you provide us will be true, accurate, current and complete and you must not create an account for anyone other than yourself.
   
3. You are responsible for maintaining:
   
   - the confidentially of your account and password and for all activity on or through your account and you must not sell, transfer, license or assign your account, username, or any account rights; and
   
   - any necessary software or technical requirements in order to allow your access to the Services.
   
4. You must notify us immediately of any unauthorised use of your account. We are not liable for any loss or damage arising in connection with any unauthorised use of your account.
   
5. We may, in our sole discretion, suspend or terminate your account, and refuse any and all current or future use of the Services.
   
6. You may cancel your account for any reason by deleting your account.
   
4. Mentor and Mentee obligations
1. If you are a Mentor, you will assist the Mentee to:
   
   - create an employment profile, including a resume, cover letter and a LinkedIn account;
   
   - facilitate a civilian network introduction;
   
   - identify necessary education requirements;
   
   - identify potential job opportunities; and
   
   - set goals and plan pathways to achieve these goals.
   
2. Each Mentor will:
   
   - be responsible for all personal costs associated with their engagement with the Services;
   
   - at all times conduct themselves in a professional manner and maintain a professional relationship with their Mentee(s);
   
   - notify us immediately if they see any indications the Mentee may require mental health support;
   
   - be available to the Mentee for a minimum of four hours per month either via phone, email and/or face to face meetings;
   
   - not mentor more than 5 Mentees at any one time; and
   
   - provide guidance and support to Mentees within their own level of competency and comfort.
   
3. Each Mentee will:
   
   - be responsible for all personal costs associated with their engagement with the Services; 
   
   - engage with their Mentor, including organising meetings; and
   
   - at all times conduct themselves in a professional manner as a serving member of the ADF.
   
4. If you consider your Mentor or Mentee (as applicable) is unsuitable, you must notify us immediately in writing us detailing the issues or concerns you have.
   
5. If you are not satisfied with your Mentor or Mentee (as applicable), we will use reasonable endeavours to replace your Mentor or Mentee (as applicable).
   
5. Training courses
1. This clause 5 applies if you are participating in a Training Course.
   
2. You may register for a Training Course on our website. On registration, you will:
   
   - be responsible for all costs associated with your enrolment in a Training Course;
   
   - be responsible for accessing and engaging with the resources made available to you via the Training Courses; and
   
   - at all times engage with teachers or other students in a professional and courteous manner.
   
3. You are granted a limited, non-transferable and non-exclusive licence to:
   
   - download the [resources/textbooks/content] relevant to the Training Course; and
   
   - use the [resources/textbooks/content] for the purpose of completing the relevant Training Course.
   
6. Acceptable use
1. You are responsible for all your content that you submit, post or display on your account, including data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials (User Content).
   
2. You must not:
   
   - copy, modify, or create derivative works based on the content available on through the Services;
   
   - infringe the intellectual property rights, privacy or confidentiality of any third party;
   
   - engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
   
   - post or transmit any User Content that:
   
      - you do not have permission, right or license to use;
   
      - is (in our opinion) inflammatory, defamatory, racist, obscene, threatening, or pornographic; or
   
      - is illegal, fraudulent, or manipulative.
   
7. Fees and payment
1. This clause 7 applies to Training Courses (Paid Service).
   
2. Once you select a Paid Service you acknowledge and agree:
   
   - you must pay us the fee for the applicable Paid Service in full at the time of enrolling. We will immediately process your payment through a third-party ecommerce platform, Stripe. Third party terms may apply to your purchase; and
   
   - if your payment is successful, we will send you an acknowledgement and email confirming your access to the Paid Service; and
   
   - subject to clause 7.3(a) all Fees are non-refundable.
   
3. In respect of the Training Course:
   
   - you may cancel your enrolment within 7 days of the date you first registered and we will refund the fees paid by you in full;
   
   - we may, in our discretion, refuse to accept your registration for any reason, including:
   
      - if the Training Course is full or longer available;
   
      - if you fail any entry test we stipulate; or
   
      - if we suspect any fraudulent activity related to your enrolment,
   
4. Unless otherwise expressly stated, all fees, prices or other sums payable or consideration to be provided under these Terms of Use are exclusive of GST. If GST applies to a supply by any party under these Terms of Use, the consideration will be increased by an amount equal to the GST liability incurred by the party making the supply.
   
8. Termination
1. In respect of the Training Course:
   
   when your enrolment is closed or cancelled for any reason, including at the end of the Training Course term, you will no longer have access to the account; and
   upon termination, all licences and other rights granted to you in these Terms of Use will immediately cease.
   
9. Intellectual property
1. We own, or are the licensee of, the intellectual property rights in the content of the Services, including but not limited to text, photos, graphic designs, images, audio, video, html code and buttons.
   
2. Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable, non sub-licensable licence to access the Services solely for your own personal, non-commercial purposes.
   
3. Subject to clause 5.3, you agree you may not:
   
   -copy, modify, or create derivative works based on the Services;
   
   - distribute, transfer, sublicense, lease, lend, or rent the Services to any third party;
   
   - modify, decompile, or disassemble the Services;
   
   - or make the functionality of the Services available to multiple users through any means.
   
4. By setting up an account, you:
   
   - give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to use and reproduce the content posted by you on or through the Services; and
   
   - consent to us disclosing content posted by you on or through the Services in accordance with these Terms of Use.
   
10. Feedback
1. We welcome and encourage you to notify us of your complaints, feedback, comments and suggestions for improvements to the Services at https://withyouwithme.com/contact
   
2. You acknowledge and agree that all feedback you give us will be our sole and exclusive property and you agree to assign to us all of your right, title, and interest in and to all feedback (including intellectual property rights) in the feedback and waive any moral rights you may have in such feedback.
   
11. Maintenance
1. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.
   
12. Confidentiality and privacy
1. We, you, the Mentors and Mentees must keep all confidential information confidential and use such information for the sole purpose of performing the obligations under these Terms of Use.
   
2. All discussions held with us are private and confidential, however participants disclose information at their own risk; we make no guarantees that Mentors or Mentees will keep confidential information provided to them through our Services.
   
3. Any personal information collected through the Training Courses will be used in accordance with our Privacy Policy.
   
13. Liability
1. Unless stated otherwise, you acknowledge we do not conduct background checks, make representations about, or guarantee the suitability, conduct or quality, of any of the Mentors or Mentees. Our responsibility to Mentors and Mentees extends only up to the virtual introduction of the Mentor to Mentee.
   
2. Notwithstanding anything else in this agreement we accept no liability for any decisions made by you as a result of your use of the Services.
   
3. To the fullest extent permitted by law, we are not liable for any loss, damage or misconduct, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:
   
   - the Mentees transition or employment success;
   
   - the Mentor/Mentee relationship;
   the actions of any third party to the terms;
   
   - any content that is incorrect, inaccurate or incomplete. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content;
   
   - any negligence by us, our employees or contractors in connection with your use of the Services; or
   
   - third party sites or resources. The Services may contain links to third party sites and resources and we have no control over those sites.
   
4. Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the services (or equivalent services) again or the payment of the cost of having the services supplied again.
   
5. Notwithstanding any other provision of these Terms of Use and to the fullest extent permitted by law:
   
   - our aggregate liability in connection with these Terms of Use will not exceed $100;
   
   - we are not liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Services.
   
14. Indemnity
1. You indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms of Use and your use or misuse of the Services.
   
15. General terms
1. Notices required to be given under these Terms may be sent by email at contact@WithYouWithMe.com.au.
   
2. Nothing in this agreement will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
   
3. This agreement contains the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
   
4. This agreement is governed by, and construed in accordance with the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.
   
5. Any warranty, indemnity, restraint or obligation of confidentiality in this agreement will survive termination.