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Terms and Conditions – Free Contract Review Service (“Service”)

This sets out the terms and conditions on which we agree to give you access to using the Service.

By clicking “I Accept”, submitting a contract, or otherwise using the Service, you (the “User” or “you”) agree to be bound by these Terms and Conditions (“Terms”).

1. Acceptance and Eligibility a) Eligibility for the Service is determined by us in our sole discretion. b) If you accept these Terms on behalf of a company, you represent that you are authorised to bind that company to these Terms.

2. Nature of the Service a) The Service is a free, non-binding, high level review of employment contracts uploaded by eligible businesses on an informational basis only. The review may be limited to specific sections of the employment contracts only and does not constitute a review of the contracts in their entirety. We reserve the right to determine and select the section(s) of the employment contracts that will be subject to review. b) The Service provides general information only and does not constitute legal, financial or tax advice. It should not be relied upon as a substitute for obtaining specific professional advice tailored to your circumstances.
c) Your use of the Service does not create a solicitor-client relationship between you and us.

3. No Warranty a) The Service is provided “as is” and “as available” without any representation or warranty of any kind, whether express, implied, statutory or otherwise. b) No timeframes or minimum response times are guaranteed. We may set scope limits to the Service at any time. c) We expressly disclaim all warranties, including but not limited to accuracy, completeness, reliability or fitness for a particular purpose of any review or output. d) We are not liable for delay or failure to perform due to force majeure events beyond our reasonable control, including outages, cyber incidents, labour disputes, acts of God, government action or failures of third-party networks or services. e) Any reliance you place on the Service is strictly at your own risk.

4. Limitation of Liability a) To the maximum extent permitted by law and except in the case of recklessness, fraud and gross negligence on our part, we will not be liable (whether in contract, tort (including negligence), statute or otherwise) for: i. any indirect, incidental, special, consequential, punitive or exemplary loss or damage; ii. loss of profits, revenue, goodwill, data, business opportunity or anticipated savings; iii. any loss or damage which you may suffer, incur or are liable for, for any reason (including as a result of delay, or any act, advice, matter or thing done or omitted to be done by us), arising from your use of or reliance on the Service and the information provided to you as part of the Service, including its accuracy, suitability, completeness or reliability. b) To the maximum extent permitted by law, you agree that we do not owe you any duty of care in relation to the Service or the output. You must obtain independent legal advice before relying on any part of our Service or the output.

5. User Responsibility and Assumption of Risk a) You are solely responsible for: i. ensuring the accuracy, completeness and legality of any uploaded information or document; ii. obtaining all necessary consents, permissions and authorisations to upload anything (including any third-party or personal information); iii. verifying any review output with independent legal advice before acting on it; and iv. all decision made or actions taken in connection with the Service. b) You assume all risks associated with the use of the Service, including but not limited to contractual, financial, regulatory and reputational risks.

6. Prohibited Uses You must not, and must not permit anyone to: a) upload content that is illegal, defamatory, offensive or infringes privacy, intellectual property or other rights;
b) upload personal information or confidential information of others without authority; c) upload documents with malware or computer viruses; and d) interfere with or disrupt the integrity or performance of the Service.

We may refuse offering you the Service if we reasonably suspect a breach of this section.

7. Right to Modify, Terminate or Suspend a) Without the need to provide any prior notice, we have the right to modify, terminate, withdraw or suspend the Service (in whole or part) anytime for any reasons, including but not limited to: i. maintenance; ii. resource constraints; iii. suspected misuse on your part; iv. changes to our business model; v. reliance on third-party services; or vi. any other reason we deem appropriate. b) Upon termination all rights granted to you cease immediately.

8. Intellectual property a) You must not submit any contract that infringes or otherwise breaches any intellectual property rights of any person or other third party. b) It is your responsibility to obtain all necessary approval, consent or permission (including from any third parties) to provide us with any information. c) You grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, modify and analyse uploaded contracts solely to provide and improve the Service. d) All intellectual property in the Service remains ours. We grant to you a non-exclusive, non-transferrable licence to use the Service strictly in accordance with these terms and conditions.

9. Storage of Information and Privacy a) Contracts submitted to us via the Free Contract Review Service will be automatically deleted after 30 days. b) If you provide us with any personal information when using the Service, your personal information will be handled in accordance with our Privacy Policy available at Peninsula Privacy Policy.

10. Indemnity You indemnify us and our officers, employees and agents against all claims, loss, damage, liability or expense which we may suffer, incur or be liable as a result of: a) your breach of the Terms; b) your use of the Service; or c) any act or omission by you in relation to any contract reviewed.

11. Governing law These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

12. General a) These Terms constitute the entire agreement between you and us regarding the Service. b) If any provision is held invalid, the remainder continues in full force. c) You may not assign or transfer your rights without our prior written consent. d) To the extent permitted by law, we may change these Terms from time to time in our absolute discretion. The revised Terms will be posted on our website, continued use constitutes acceptance. e) When using the Service, you agree that you will not upload any information that infringes any other person’s rights or submit contract (or any content) that you do not have permission to provide to us.

By using the Service, you acknowledge that you have read, understood and agree to these Terms.