Terms of Use
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1. Acceptable Use
By accessing and using our resume formatting services, you agree to use our services only for lawful purposes and in accordance with these Terms of Use, all applicable laws, regulations, and industry standards. You agree not to:
Prohibited Activities
- False or Misleading Information: Submit false, misleading, fraudulent, or inaccurate information, including fabricated work experience, education, qualifications, or credentials
- Illegal Activities: Use our services to create documents that violate any laws, regulations, or legal requirements, or that facilitate illegal activities
- Unauthorized Commercial Use: Resell, redistribute, sublicense, or commercially exploit our formatted documents, formatting templates, or services without our explicit written authorization
- Reverse Engineering: Attempt to reverse-engineer, decompile, disassemble, copy, replicate, or extract our formatting processes, methodologies, templates, or proprietary techniques
- Service Interference: Interfere with, disrupt, damage, or impair the operation of our website, services, servers, networks, or systems, including through denial-of-service attacks, hacking, or other malicious activities
- Automated Access: Use automated systems, scripts, bots, crawlers, scrapers, or other automated tools to access our services without our prior written permission
- Intellectual Property Infringement: Submit content that infringes on the intellectual property rights, copyrights, trademarks, or other proprietary rights of others
- Malicious Code: Transmit, upload, or introduce any viruses, malware, Trojan horses, worms, spyware, adware, or other harmful or malicious code through our services
- Unauthorized Access: Attempt to gain unauthorized access to our systems, accounts, data, or other users' information
- Impersonation: Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
- Spam or Harassment: Use our services to send spam, unsolicited messages, or harass, abuse, or harm others
- Data Mining: Collect, harvest, or extract data from our website or services using automated means
Content Standards
All content you submit must:
- Be accurate, truthful, and not misleading
- Comply with all applicable laws and regulations
- Not infringe on the rights of others
- Not contain defamatory, libelous, obscene, pornographic, or offensive material
- Not promote illegal activities, violence, or discrimination
Enforcement
We reserve the right to:
- Refuse service to anyone at any time, for any reason
- Terminate or suspend accounts that violate these terms
- Remove or refuse to process content that violates these terms
- Take legal action against violators
- Report illegal activities to law enforcement authorities
Violation of these terms may result in immediate termination of your access to our services, forfeiture of any fees paid, and potential legal liability.
2. Limitation of Liability
To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, or suitability for your particular needs.
No Warranties
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:
- Our services will be uninterrupted, error-free, or completely secure
- Our services will meet your specific requirements or expectations
- Any errors or defects in our services will be corrected
- Our website or services are free from viruses, malware, or other harmful components
- The results obtained from using our services will be accurate, reliable, or suitable for your purposes
Limitation of Damages
To the maximum extent permitted by law, in no event shall we, our affiliates, officers, directors, employees, agents, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, income, or business opportunities
- Loss of data, information, or content
- Loss of goodwill or reputation
- Cost of substitute goods or services
- Business interruption or loss of business information
- Personal injury or property damage
- Any other damages arising out of or in connection with your use of our services
Service-Specific Limitations
We are not responsible for:
- Job Application Outcomes: Job application results, interview invitations, interview outcomes, job offers, or hiring decisions made by employers
- Career Advancement: Career progression, salary negotiations, promotions, or any professional outcomes
- Employer Decisions: Any decisions, evaluations, or assessments made by employers, recruiters, or hiring managers based on formatted resumes
- Content Accuracy: The accuracy, truthfulness, or completeness of information you provide to us
- Third-Party Services: The actions, services, or content of third-party websites, services, or platforms that may be linked to or integrated with our services
- Technical Issues: Service interruptions, delays, errors, or failures caused by factors beyond our reasonable control, including internet connectivity, server issues, or third-party service failures
Maximum Liability
Our total liability to you for any claims arising out of or relating to these Terms of Use or our services, regardless of the form of action (whether in contract, tort, strict liability, or otherwise), shall not exceed the total amount you paid to us for the specific service giving rise to the claim in the 12 months preceding the claim, or NZD $100, whichever is greater.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. If you are located in a jurisdiction that does not allow certain limitations, some of the above limitations may not apply to you.
If you are a consumer in the European Economic Area or United Kingdom, nothing in these Terms of Use affects your statutory rights as a consumer, including your right to receive services of satisfactory quality and your right to remedies for breach of contract.
3. Dispute Resolution
If you have any concerns, complaints, or disputes regarding our services or these Terms of Use, we encourage you to contact us first to attempt to resolve the matter amicably. We are committed to resolving disputes fairly and efficiently.
Step 1: Informal Resolution
Before initiating any formal dispute resolution process, you agree to contact us at the contact information provided below to discuss and attempt to resolve the dispute. We will:
- Acknowledge your complaint or dispute within 5 business days
- Investigate the matter thoroughly and fairly
- Provide a written response with our findings and proposed resolution within 30 business days
- Work with you in good faith to reach a mutually acceptable resolution
Many disputes can be resolved quickly and satisfactorily through direct communication. We encourage you to provide as much detail as possible about your concern, including relevant documentation, order numbers, and dates.
Step 2: Mediation
If informal resolution is unsuccessful after a reasonable period (at least 60 days from initial contact), you agree to participate in good faith in mediation before a mutually agreed-upon mediator. Mediation will be conducted in accordance with the rules of the New Zealand Dispute Resolution Centre or a similar recognized mediation organization.
Mediation is a confidential, non-binding process where a neutral third party helps both sides reach a voluntary agreement. The costs of mediation will be shared equally between the parties, unless otherwise agreed.
Step 3: Arbitration
If mediation is unsuccessful, any disputes, controversies, or claims arising out of or relating to these Terms of Use, our services, or the breach, termination, or validity thereof, shall be resolved through binding arbitration in accordance with the Arbitration Act 1996 (New Zealand) or similar applicable legislation in your jurisdiction.
Arbitration shall be conducted by:
- A single arbitrator appointed by mutual agreement of the parties
- If the parties cannot agree, an arbitrator appointed by an arbitration organization (such as the New Zealand Dispute Resolution Centre or the Arbitrators' and Mediators' Institute of New Zealand)
- The arbitrator shall have expertise in the subject matter of the dispute
The arbitration shall be conducted in English, in Auckland, New Zealand (or another location mutually agreed upon), and the arbitrator's decision shall be final and binding. The costs of arbitration shall be allocated by the arbitrator in accordance with applicable law.
Exceptions to Arbitration
Notwithstanding the above, either party may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to:
- Protect intellectual property rights (copyrights, trademarks, trade secrets)
- Prevent irreparable harm or immediate damage
- Enforce confidentiality obligations
- Address matters that require urgent court intervention
Class Action Waiver
You agree that any disputes will be resolved on an individual basis. You waive any right to participate in a class action, collective action, or representative proceeding. Disputes must be brought individually and not as part of a class, consolidated, or representative action.
Consumer Rights
If you are a consumer, nothing in this dispute resolution clause affects your statutory rights, including your right to bring a claim in your local courts or to use alternative dispute resolution mechanisms available in your jurisdiction.
4. Applicable Law
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. This means that New Zealand law will apply to all matters relating to these Terms of Use and our services, regardless of where you are located or where you access our services from.
Jurisdiction and Venue
Subject to the dispute resolution provisions above, any legal action or proceeding arising out of or relating to these Terms of Use, our services, or the relationship between you and us shall be brought exclusively in the courts of New Zealand, specifically in the courts of Auckland, New Zealand. You consent to the personal jurisdiction of such courts and waive any objection to venue or forum non conveniens.
If you are located outside New Zealand, you acknowledge that:
- You may be subject to additional laws and regulations in your jurisdiction
- You are responsible for compliance with all applicable local laws
- These Terms of Use are governed by New Zealand law, which may differ from the laws of your jurisdiction
- You may have rights under the laws of your jurisdiction that are not affected by these Terms of Use
Severability
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Terms of Use, and the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that comes closest to the intent of the original provision.
Entire Agreement
These Terms of Use, together with our Privacy Policy, Cookies Policy, and Return Policy, constitute the entire agreement between you and us regarding the use of our services and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, warranties, and communications, whether oral or written, relating to the subject matter of these Terms of Use.
Modifications
We reserve the right to modify these Terms of Use at any time. We will notify you of material changes by posting the updated Terms of Use on this page with a new "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the updated Terms of Use. If you do not agree with the changes, you should stop using our services.
Waiver
Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of such provision or any other provision. Any waiver must be in writing and signed by us to be effective.
Assignment
You may not assign or transfer these Terms of Use or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms of Use, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.
Contact Information
If you have questions about these Terms of Use, please contact us at:
Email: online@categoryfashiona.world
Phone: +64 220 652 610
Address: 18 Finlayson Avenue, Clendon Park, Auckland 2103, New Zealand