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Terms & Conditions

I love that you are dedicated to reading the fine print. To reduce confusion: Career XP Pty Ltd is the registered company (ABN 43675031231) and Ashlynn Stewart (me!) is the name that I trade under. Happy reading!

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​1. About the Website

Welcome to https://www.ashlynnstewart.com/ (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products and services that are available through the Website (the ‘Services’). The Website is a platform where you can access the Services and other content on the Website.

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The Website is operated by Career XP Pty Ltd (ABN 43675031231). Access to and use of the Website, or any of its associated products or the Services, is provided by Career XP Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies to us that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

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Career XP Pty Ltd reserves the right to review and change any of the Terms by updating this page at any time at its sole discretion with or without notice to you. Any changes to the Terms take immediate effect from the date of their publication. Before you continue to use the Website, we recommend you keep a copy of the Terms for your record.

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2. Acceptance of the Terms

You accept the Terms by using the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Career XP Pty Ltd in the user interface.

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3. Registration to use the Services

In order to access the Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address

  • Mailing address

  • Telephone number

  • Employment History, References, Education History, Career Documentation

 

You warrant that any information you give to Career XP Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

 

Once you have completed the registration process, you will be a registered Member of the Website (‘Member’) and agree to be bound by the terms. As a Member you will be granted immediate access to the Services.

 

You may not use the Services and may not accept the Terms if:

  • you are not 18 years of age; or

  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

 

4. Your obligations as a Member

You may use the Services only for purposes that are permitted by:

  • the Terms;

  • any applicable law, regulation or generally accepted practices or guidelines in the relevant country from which you use the Services;

  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Career XP Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Career XP Pty Ltd providing the Services;

  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Career XP Pty Ltd for any illegal or unauthorised use of the Website; and

  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

5. Purchase of Services, products, and Returns Policy

In using the Services to purchase any service or product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’) or provided to you in writing.

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Payment of the Purchase Price may be made through Stripe, Klarna, Pay Pal, Bank Transfer (the ‘Payment Gateway Provider’). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

 

Following payment of the Purchase Price being confirmed by Career XP Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Career XP Pty Ltd may record your purchase details for future use.

 

Career XP Pty Ltd may, at their sole discretion, provide a refund on the return of the services and products within 7 days where the product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

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6. Copyright and Intellectual Property

The Website, the Services and all of the related products of Career XP Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes and are reserved by Career XP Pty Ltd or its contributors.

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Career XP Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

  • the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Career XP Pty Ltd; or

  • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

 

You may not, without the prior written permission of Career XP Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

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7. Privacy

Career XP Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Services are subject to Career XP Pty Ltd’s Privacy Policy, which is available here.

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8. General Disclaimer

You acknowledge that Career XP Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the products or Services other than those provided in these terms and conditions.

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For the avoidance of doubt, you acknowledge that, due to the many factors that contribute to whether you will be short-listed for a role or potential role, after engaging our Services Career XP Pty Ltd in no way whatsoever provides any guarantee or warranty that you will be offered an interview or secure any employment position as a result of engaging our Services.

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You further acknowledge that any report or document provided by you to Career XP Pty Ltd as part of your engagement of our Services is based solely on information provided by you and you acknowledge that we cannot verify the accuracy or truthfulness of any document, response or information provided by you to us.

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Career XP Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the final product.

 

Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them).

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Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded.

 

Career XP Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

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Use of the Website, the Services, and any of the products of Career XP Pty Ltd is at your own risk. Everything on the Website, the Services, and the products of Career XP Pty Ltd are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Career XP Pty Ltd make any express or implied representation or warranty about its Content or any products or Services (including the products or Purchase Services of Career XP Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or  theft,  destruction, alteration or unauthorised access to records;

  • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

  • costs incurred as a result of you using the Website, the Services or any of the

  • the Content or operation in respect to links which are provided for the User

  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to services rendered

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9. Limitation of Liability

Career XP Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or, where you have not paid the Purchase Price, then the total liability of Career XP Pty Ltd is the resupply of information or Services.

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You expressly understand and agree that Career XP Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

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Career XP Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Career XP Pty Ltd, by third parties or by any of the Services offered by Career XP Pty Ltd.

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10. Termination of Contract

The Terms will continue to apply until terminated by either you or by Career XP Pty Ltd.

If you want to terminate the Terms, you may do so by:

  • notifying Career XP Pty Ltd at any time; and

  • closing your accounts for all of the Services which you use, where Career XP Pty Ltd has made this option available

 

Your notice should be sent, in writing, to Career XP Pty Ltd via the ‘Contact Us’ link on our homepage.

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Career XP Pty Ltd may, at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;

  • Career XP Pty Ltd is required to do so by law;

  • the partner with whom Career XP Pty Ltd offered the Services to you has terminated its relationship with Career XP Pty Ltd or ceased to offer the Services to you;

  • Career XP Pty Ltd is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or

  • the provision of the Services to you by Career XP Pty Ltd is, in the opinion of Career XP Pty Ltd, no longer commercially viable

 

Subject to local applicable laws, Career XP Pty Ltd reserves the right to discontinue or cancel your contract at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Career XP Pty Ltd’s name or reputation or violates the rights of those of another user.

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When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Career XP Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

11. Indemnity

You agree to indemnify Career XP Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website.

  • any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms

 

13. Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

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Notice: A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

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Resolution: On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

  • within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may be mutually resolved

  • if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed

 

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

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The mediation will be held in Sydney, New South Wales, Australia.

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Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

 

Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

14. Venue and Jurisdiction

The Services offered by Career XP Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties, having taken the opportunity to obtain independent legal advice, declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

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