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Terms of Use

Last Updated: 23rd January 2025

1. About the Website

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3. About the Service

4. Acceptable use of the Service

5. Security and Data Privacy

Handover Pty Limited takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Handover Pty Limited’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Handover Pty Limited’s processes, policies, and obligations in respect of Handover AI security breaches.

6. Data Use

Handover Pty Limited collects, stores, and processes your data on Handover AI. The data is used to provide Services to you, as well as to facilitate Handover Pty Limited’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Handover Pty Limited. The Privacy Policy also addresses Handover Pty Limited's processes, policies, and obligations in respect of data encryption and removal requests.

7. Subscription to use the Service

8. Payments

9. Refund Policy

10. Copyright and Intellectual Property

11. General Disclaimer

12. Limitation of Liability

13. Termination of Contract

14. Indemnity

You agree to indemnify Handover Pty Limited, its affiliates, employees, agents, contributors, third content providers and licensors from and against:

15. Dispute Resolution

15.1. 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).

15.2. 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.

15.3. Resolution:

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

  • Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 28 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 by the Australian Mediation Association;
  • 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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Sydney, Australia.

15.4. 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.

15.5. Termination of Mediation:

If 2 months 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.

16. Client Logo and Brand Usage

By using Handover AI Services, you grant Handover Pty Limited a non-exclusive, royalty-free, worldwide license to use your company’s logo, name and trade marks solely for sales, marketing, promotional, and demonstration purposes, including on our website, presentations, and other marketing materials.

17. Venue and Jurisdiction

The Services offered by Handover Pty Limited 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.

18. Governing Law

The Terms are governed by the laws of New South Wales. 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.

19. 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.