Insolvency Australia

Terms & Conditions for Panel Members

These terms and conditions (“Agreement”) govern the participation of insolvency professionals (“Panel Members”) in the National Insolvency Helpline (“Helpline”) services provided by [Company Name] (“Service Provider”). By agreeing to participate as a Panel Member and provide expert guidance through the Helpline, Panel Members agree to be bound by these terms and conditions.

1. Panel Member Role:

1.1

Panel Members will provide expert guidance to individuals and businesses (“Users”) seeking guidance on insolvency-related matters through the Helpline.

1.2

Panel Members represent that they possess the necessary qualifications, expertise, and professional credentials to provide accurate and reliable guidance in their respective jurisdictions.

2. Professional Conduct:

2.1

Panel Members agree to adhere to the highest professional and ethical standards in providing guidance through the Helpline.

2.2

Panel Members will exercise reasonable care and skill in delivering accurate and unbiased guidance to Users.

2.3

Panel Members must not engage in any form of discrimination, harassment, or unlawful conduct while participating in the Helpline services.

3. Confidentiality:

3.1

Panel Members acknowledge the confidential nature of the information shared by Users during their interactions.

3.2

Panel Members will maintain the strictest confidentiality regarding all User information obtained through the Helpline, except in cases where disclosure is required by law or with the User’s explicit consent.

4. Advice and Limitations

4.1

Panel Members will provide guidance based on their professional judgment and expertise. However, they acknowledge that the guidance provided through the Helpline is solely for informational purposes and should not be considered as legal or financial advice.

4.2

Panel Members understand that Users may have varying degrees of knowledge and understanding, and they will exercise patience and clarity in delivering guidance tailored to the User’s specific circumstances.

5. Relationship with Service Provider:

5.1

Panel Members participate in the Helpline as independent contractors and not as employees or agents of the Service Provider.

5.2

The Service Provider does not guarantee the availability or continuity of User consultations with specific Panel Members, as consultations may be assigned based on factors such as availability, location and area of expertise.

6. Compensation:

6.1

Panel Members will not be eligible for compensation between the Service Provider and the Panel Member, and provide their time and guidance without charge.

7. Intellectual Property:

7.1

All intellectual property rights in the Helpline services, including but not limited to trademarks, logos, and software, belong to the Service Provider or its licensors.

7.2

Panel Members shall not reproduce, modify, distribute, or create derivative works of any content accessed or provided through the Helpline without prior written permission from the Service Provider.

8. Indemnity:

8.1

Panel Members agree to indemnify and hold the Service Provider, its affiliates, and its officers, directors, employees, and agents blameless from any claims, liabilities, or expenses arising from their provision of guidance or advice through the Helpline or any breach of this Agreement.

9. Modification and Termination:

9.1

The Service Provider reserves the right to modify or terminate the Helpline services, including Panel Member participation, at any time and without prior notice.

9.2

Panel Members may terminate their participation by providing reasonable notice to the Service Provider.

10. Governing Law and Jurisdiction:

10.1

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.

10.2

Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

11. Relationship with Users:

11.1

Panel Members understand that the relationship between themselves and Users is solely limited to the provision of guidance through the Helpline. No professional-client relationship is formed between the Panel Members and Users.

12. Limitation of Liability:

12.1

Panel Members understand and acknowledge that the Service Provider does not guarantee the accuracy, completeness, or applicability of the guidance or advice provided through the Helpline.

12.2

Panel Members shall not be responsible for any actions taken by Users based on the guidance received through the Helpline. Users are solely responsible for their own decisions and the consequences thereof.

13. Compliance with Laws:

13.1

Panel Members shall comply with all applicable laws, regulations, and professional standards in the jurisdictions in which they operate while providing advice through the Helpline.

13.2

Panel Members represent and warrant that they possess all necessary licenses, permits, and qualifications required to provide guidance in their respective jurisdictions.

14. Amendments and Waivers:

14.1

Any amendments or waivers to this Agreement must be made in writing and signed by both the Service Provider and the Panel Member.

14.2

Failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision contained herein.

15. Severability:

15.1

If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

16. Entire Agreement:

14.2

This Agreement constitutes the entire agreement between the Service Provider and the Panel Members concerning their participation in the Helpline services and supersedes any prior or contemporaneous agreements or understandings, whether written or oral.
By agreeing to participate as a Panel Member in the National Insolvency Australia Helpline services, Panel Members acknowledge that they have read, understood, and agree to abide by all the terms and conditions outlined in this Agreement. If Panel Members do not agree with any provision of this Agreement, they should refrain from participating in the Helpline services. This Agreement governs the relationship between the Service Provider and the Panel Members and constitutes the entire understanding between both parties.

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