1. Introduction
Welcome to the Hear Me Out platform(Platform). This Platform is operated by The National Justice Project Ltd (ABN 23 609 620 028) ("NJP", "we", "us","our").
These terms and conditions (Terms) govern your access to and use of the Platform. In these Terms, a reference to"you" is a reference to the user of the Platform. By accessing or using the Platform, you agreeto be bound these Terms. If you do not agree to these Terms, you must not usethe Platform.
This Platform is an AI-assisted tooldesigned to help users identify complaint bodies, complaint pathways, supportservices and next steps that may be relevant to their situation.
The Platform provides legalinformation and complaint-navigation guidance only. It does not provide legaladvice, does not make decisions for you, and does not guarantee that anyparticular complaint body, pathway, remedy or outcome will apply in yourcircumstances.
Your use of the Platform does notcreate a lawyer-client, solicitor-client, adviser-client, fiduciary, retaineror other professional relationship between you and NJP or any related person.
This Platform is not an emergencyservice and must not be relied on for urgent or time-critical situations. Ifyou need legal advice, representation, urgent help, crisis support, or adviceabout court or tribunal proceedings, litigation, strict time limits,compensation or financial claims, or personal safety risks, you should seekhelp from an appropriately qualified professional or relevant service.
The platform currently only providesinformation about New South Wales, Victoria and federal complaint pathways.
2. Definitions
In these Terms:
Content means anyinformation, materials, text, outputs, guidance or other content made availablethrough the Platform.
Platform means the Hear MeOut digital complaint-navigation and legal information platform operated by TheNational Justice Project Ltd.
Privacy Policy meansthe Hear Me Out privacy policy published on the Platform website, as updatedfrom time to time.
Third-Party Service Providers means providers and infrastructure used by the Platform to help deliver andmaintain the Platform. These include Webflow, Microsoft Azure, Azure OpenAI,Cosmos DB, Pinecone, Google Analytics, Sentry, reCAPTCHA and Bitbucket
User means any person whoaccesses or uses the Platform, including individuals, advocates, supportworkers, professionals and any other users.
User Input means anyinformation or material submitted by a user through the Platform, includinginformation entered into the triage chatbot and the complaint writing tool.
3. Use of Service
You may use the Platform only for lawful purposes and in a way that does not interfere with the operation, security or integrity of the Platform.
You are responsible for the information you choose to submit through the Platform.
You should not:
- include unnecessary personal or sensitive information about yourself or others;
- submit information that you do not have the right to disclose; or
- rely on the Platform as a substitute for professional advice where your matter requires it.
You remain responsible for deciding whether to make a complaint, where to make it, and what further steps to take.
4. Data Collection and Use
Your use of the Platform is subject to our Privacy Policy, which explains how we collect, hold, use and disclosepersonal information.
Where you provide personal information through the Platform, you permit us to collect, store, host, use,reproduce, transmit and otherwise process that information to the extent reasonably necessary to operate, maintain, secure, test, evaluate and improve thePlatform, to provide its features and outputs, and as otherwise described inour Privacy Policy or permitted by law.
The Platform uses Third-Party ServicesProviders to help deliver and maintain the platform. We are not responsible for the Third-Party Service Provider websites, services or content that are notcontrolled or operated by us, except to the extent required by law.
5. Intellectual Property
Unless otherwise stated, the Platform, including its name, branding, website content, platform design, software, logic, structure, compilations and related materials, is owned by or licensed to NJP and protected by intellectual property laws.
This clause does not claim ownership of material that is publicly available from third parties, or of third-party material used lawfully within the Platform.
We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for personal, informational and non-commercial use, subject to these Terms. We may suspend, restrict or terminate your licence to access the Platform where reasonably necessary for security, maintenance, legal compliance, investigation of misuse, or protection of users, staff, systems or the public.
Under this licence, you must not:
- reproduce, adapt, distribute, publish, commercialise, reverse engineer or create derivative works from Hear Me Out except as permitted by law or with our prior written consent.
- use the Platform for unlawful, fraudulent, abusive or misleading purposes;
- submit malicious code, harmful material or content designed to disrupt the Platform;
- attempt to gain unauthorised access to systems, data or infrastructure;
- misuse the platform to harass, threaten or harm another person;
- scrape, systematically extract, reverse engineer or exploit the platform except as permitted by law; or
- use the Platform in a way that infringes another person’s rights.
6. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any guarantees, warranties, representations, conditions,or remedies implied or imposed by law, including under the Australian Consumer Law, that cannot lawfully be excluded, restricted or modified.
To the maximum extent permittedby law, the Platform is provided on an “as is” and “as available” basis. We do not guarantee that the Platform will always be available, uninterrupted, error-free, secure, complete or suitable for every issue or user, and we makeno representation as to the completeness, accuracy, reliability or suitabilityof the Platform or its outputs for any particular purpose. As the Platform usesAI and structured information sources to generate guidance, outputs may be incomplete, inaccurate, out of date, overly broad, or unsuitable for your circumstances.
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, including, without limitation, loss of profits, opportunity, goodwill or data arising from your use of, or inability to use, the Platform. Where a statutory guarantee applies and liability cannot lawfully be excluded but can be limited, our liability is limited to the minimum extent permitted by law.
We expressly disclaim any liability for actions taken based on the use of the Platform. We are not responsible for any impacts associated with decisions made in reliance upon the Platform.
7. Modifications to the Service and Terms
We may add, remove, suspend, update or change any part of the Platform from time to time, including its features, content, providers, coverage areas and technical settings, where reasonably necessary for operational, technical, security, legal or service-delivery reasons.
We may also update these Terms from time to time. If we do, we will publish the updated version on the Platform website and state the date from which the updated Terms take effect.
Where a change to these Terms is material, we will take reasonable steps to bring the updated Terms to your attention before they take effect.
If you continue to use the Platform after updated Terms take effect, you will be taken to have accepted the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.
8. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.
9. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable, or if that isnot possible, severed from these Terms, and the remaining provisions will continue in full force and effect.
10. No Waiver
A failure or delay by us toexercise any right, power or remedy under these Terms does not waive that right, power or remedy. Any waiver must be in writing.
11. Contact Us
For questions about these Terms and Conditions, please contact us using the contact details published on the National Justice Project website or by emailing hello@hearmeout.org.au