Terms of Service

These Terms of Service (the Terms) form a binding legal contract between you and Ms Digital Crafts Pty. Ltd. (ABN 66 698 682 254, ACN 698 682 254), the Australian proprietary limited company that operates paarvay (in the Terms, paarvay, we, us, and our). In the Terms, you and your mean each person who accesses or uses the Service.

The contract formed by the Terms comes into existence the first time you access or use the Service, whether or not you have read the Terms before doing so, and whether or not we have asked you to indicate acceptance by any specific act. The Terms form a fresh contract on each occasion you access or use the Service, on the version then published at https://paarvay.com/terms, without any further act on your part.

In the Terms, the Service means the paarvay website at https://paarvay.com, the paarvay Progressive Web App, any related applications, APIs, integrations, embeds, links, signed URLs, and any other interface or surface we make available, and all features, functionality, content, recordings, communications, and services accessible through any of them, as they evolve, change, expand, contract, are reorganised, are withdrawn, or are replaced from time to time. We make no representation that the Service, or any part of it, is or will be available to you at any particular time, with any particular functionality, or at all.

The Terms incorporate, and you also agree to:

• our Privacy Policy at https://paarvay.com/privacy, which governs how we handle personal information;
• any feature-specific terms, supplementary terms, fee schedules, acceptable-use guidelines, community guidelines, beta or early-access terms, or other rules we publish from time to time in connection with the Service; and
• any rules, instructions, directions, prompts, or notices we communicate to you through, in, or about the Service (including in-product prompts, email confirmations, sign-in gates, and banners).

If there is any inconsistency between these Terms and any other document forming part of the agreement, these Terms prevail to the extent of the inconsistency, unless the other document expressly states that it prevails. No oral statement, demonstration, sales communication, social-media post, blog, slide, presentation, or other extrinsic material forms part of the Terms or varies them.

By accessing or using the Service in any manner, creating or signing in to an account (including via Google), taking any action that indicates an intention to use the Service, or otherwise interacting with the Service in any way, you accept and agree to be bound by the Terms. Acceptance is required from each individual user; one user's acceptance does not bind another. If you do not agree to the Terms, you must not access or use the Service.

You are responsible for, and bound by, all access to and use of the Service through your account, your devices, your network, or your credentials, whether by you, by any person you authorise or appear to have authorised, by any automated agent, bot, scraper, or scripted process operating on your behalf, or by any person who obtains your credentials, and you are bound by the Terms in respect of all such access and use.

Where we ask you to indicate acceptance by clicking a button, checking a box, signing in via Google, or otherwise signalling agreement, your doing so is conclusive evidence of acceptance and you may not later challenge that the Terms were not validly accepted by you on any ground, including capacity, mistake, coercion, undue influence, non est factum, or lack of reading.

You acknowledge that you have had a full and reasonable opportunity to read the Terms and to obtain independent legal advice about them before accepting, and that you accept the Terms with full knowledge of, and notwithstanding, any provision that may be unfavourable to you.

By accepting the Terms, you represent, warrant, and undertake to us, on each occasion you access or use the Service, that:

• you are at least 18 years of age;
• you have the legal capacity to enter into a binding contract in the jurisdiction in which you are located, and (where you are accepting on behalf of an entity or other person) you have full authority to bind that entity or person, in which case you and that entity or person are jointly and severally bound by the Terms;
• you are not bankrupt, subject to any insolvency administration, or otherwise legally disabled from contracting;
• the information you have provided to us (including in connection with account creation, identity verification, billing, and inspector applications) is true, accurate, current, and complete, and you will keep it that way;
• you are not located in, ordinarily resident of, or a national of, any country, region, or category of persons subject to sanctions, embargoes, anti-money-laundering measures, counter-terrorism financing measures, or comparable restrictions by Australia or any other applicable authority; you are not listed on any sanctions list maintained by any such authority; and you are not a politically exposed person whose status creates a legal restriction on your access to or use of the Service;
• your access to and use of the Service does not, and will not, breach any law, regulation, court order, contract, fiduciary duty, or other duty to which you are subject;
• you are accepting the Terms freely, voluntarily, and without inducement, threat, duress, or reliance on any statement made outside the Terms; and
• you have read, or had a reasonable opportunity to read, the Terms in full before accepting.

You acknowledge that we rely on each of these representations, warranties, and undertakings in making the Service available to you. A breach of any of them is a material breach of the Terms and triggers your indemnity under Section 11.

The Terms (together with the documents in Section 1.2) constitute the entire agreement between you and us in relation to the Service and supersede all prior or contemporaneous agreements, communications, representations, marketing material, brochures, slides, demonstrations, sales calls, support correspondence, blog posts, social-media content, oral statements, and any other extrinsic material about the Service or our relationship.

You acknowledge that you have not relied on any statement, representation, warranty, assurance, projection, or undertaking — express, implied, oral, written, or otherwise — made by us or on our behalf that is not expressly set out in the Terms. Any such statement is excluded from the Terms to the maximum extent permitted by law.

No collateral contract, side letter, course of dealing, course of performance, custom of trade, or other extrinsic source creates any obligation between us, varies the Terms, or supplements them.

No duty of good faith, fair dealing, fiduciary duty, trust, agency, partnership, joint venture, employment, or other special relationship is implied or owed by us to you under the Terms or in connection with the Service, except to the extent any such duty cannot lawfully be excluded.

The Terms do not create, and are not intended to create, any rights, benefits, or remedies in any person who is not a party to them.

If you do not agree to the Terms, in whole or in part, your sole and exclusive remedy is not to access or use the Service, and (if you have an account) to close it in accordance with Section 12. Past access to or use of the Service is governed by the Terms in force during that access or use, regardless of any subsequent disagreement with later versions, and you are estopped from denying that those Terms applied to that access or use.

We may at any time, and without notice or consent, assign, novate, transfer, or otherwise dispose of any of our rights or obligations under the Terms to any person, including (without limitation) any successor, acquirer, affiliate, or related body corporate. You may not assign, novate, transfer, sub-licence, encumber, or otherwise dispose of any of your rights or obligations under the Terms without our prior written consent, which we may withhold or condition in our sole and absolute discretion. Any purported assignment in breach of this Section 1.7 is void.

Any challenge, objection, claim, or proceeding directed at the validity of your acceptance of, or the formation of, the Terms must be brought within twelve (12) months of the earlier of (i) the date of acceptance and (ii) the date you first became aware (or ought reasonably to have become aware) of the ground for the challenge. Beyond that period, your acceptance and the formation of the Terms is irrevocable and unchallengeable as against you, to the maximum extent permitted by law.

The English version of the Terms controls. We do not undertake to translate the Terms into any other language. We do not undertake to write the Terms in any particular style, register, level of plain language, or technical specificity, and you bear the entire risk of your understanding (or non-understanding) of the Terms.

If any provision of the Terms is held to be invalid, unenforceable, or excessive, that provision is severed to the minimum extent necessary, and the remainder of the Terms continues in full force and effect.

paarvay is a technology platform and online marketplace that enables one user (an attendee) to identify, book, and connect with another user (an inspector) for a virtual property inspection conducted by video meeting through the Service. paarvay supplies the technology, scheduling, communications, recording, payment-processing, and related functionality through which attendees and inspectors find one another and conduct their interaction. That is the entire substance of what we provide. Any additional feature, helper, surface, or interaction we add to the Service from time to time — including (without limitation) any matching, ranking, surfacing, recommendation, profile-scoring, quality-signal, verification, dispute-handling, summarisation, or AI-assistance feature — is provided as a technology feature only and does not alter or expand the substance of what we provide.

paarvay is not, and is not held out as:

• a property inspector, building inspector, pest inspector, structural inspector, surveyor, valuer, conveyancer, real-estate agent, buyer's agent, real-estate professional, building consultant, architect, engineer, planning consultant, mortgage broker, financial adviser, legal practitioner, or any other licensed, registered, or regulated professional or service provider;
• a party to the inspection services contracted for through the Service;
• a principal, employer, agent, partner, joint venturer, supervisor, controller, director, manager, representative, or labour-hire provider of any inspector;
• the owner, occupier, possessor, custodian, agent, or representative of any property in respect of which an inspection is booked or performed;
• a real-estate listing service, marketplace for property sales, escrow service, custodian of property-related funds beyond the limited payment-processing facility described in Section 6, or platform on which property is offered for sale or lease;
• a common carrier, telecommunications carrier, postal or messaging service, broadcasting service, content-publishing service, or operator of any "designated", "regulated", or "responsible" digital platform under any present or future regulatory regime;
• a "supplier" of inspection services to any user for the purposes of Part 3-2 of the Australian Consumer Law (the consumer guarantees) or any comparable regime, the supplier of those services being, in each case, the inspector.

We do not perform inspections. We do not inspect properties. We do not direct, supervise, control, instruct, train, evaluate, certify, accredit, vet, verify, vouch for, endorse, recommend, or guarantee any inspector, any inspection, any finding made in any inspection, any recording or summary, or the condition, suitability, value, or compliance of any property. We do not give, and you must not rely on us for, any property, building, structural, pest, valuation, investment, conveyancing, legal, financial, tax, planning, or other professional advice.

We are not regulated as, and do not hold any licence, registration, accreditation, or authorisation as, a property professional, building professional, real-estate agent, conveyancer, valuer, labour-hire provider, or comparable role, and we do not owe, and exclude to the maximum extent permitted by law, any duty (including any duty of care) that is owed by any such professional. Any future characterisation of us by any regulator, court, or other authority as falling within any regulated category does not, of itself, create, expand, or vary any obligation we owe to you under the Terms, and does not give you any contractual right against us.

Each inspector who provides inspection services through the Service does so as an independent contractor of the attendee who books them, and not of paarvay. There is no employment, agency, partnership, joint-venture, fiduciary, representative, labour-hire, or comparable relationship between any inspector and paarvay, whether under section 15AA (the whole-of-relationship test), Part 3-1 Division 6 (sham contracting), or Part 3A-1 (regulated workers and employee-like workers) of the Fair Work Act 2009 (Cth), under the Labour Hire Licensing Act 2018 (Vic), under the Independent Contractors Act 2006 (Cth), under section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth), or under any comparable legislation, and the Service is not a labour-hire arrangement, a digital labour platform engaging employee-like workers, or an employment arrangement of any kind. The substance of the relationship, viewed as a whole, accords with the contractor designation.

We do not engage, retain, supervise, direct, control, instruct, manage, schedule (other than by passively making slot times available), train, evaluate, performance-manage, set the methods or means of work of, or remunerate any inspector in the legal sense of any of those words. Inspectors are not employed by paarvay. They are not authorised to make any representation on behalf of paarvay. Any statement, representation, recommendation, finding, opinion, advice, or other communication of any kind made by an inspector — in an inspection, in chat, in any recording, or otherwise — is solely the statement, representation, etc., of that inspector, not of paarvay.

Inspectors are responsible for their own licensing, accreditation, qualifications, certifications, insurance (including public liability and professional indemnity insurance), tax (including PAYG, GST, and superannuation), workers' compensation, work health and safety compliance, and all other legal obligations relating to their provision of inspection services. paarvay does not, and is not required to, verify any of these matters at any standard beyond the minimum we may from time to time choose to impose in our sole and absolute discretion. Any verification we do choose to undertake, and any matching, ranking, surfacing, scoring, or recommendation feature we operate, is for our own operational purposes only, does not amount to, and must not be relied on as, an introduction, endorsement, recommendation, referral, vetting, certification, or guarantee of any kind, and does not create any representation, warranty, or duty of care owed by us to any user.

Each inspector who uses the Service represents, warrants, and undertakes to paarvay that the relationship between the inspector and paarvay is one of independent contracting, that this designation reflects the actual nature of the relationship, that the designation is not a sham, and that the inspector will not assert, and irrevocably waives any right to assert, in any proceeding or before any regulator, that the relationship is or was one of employment, agency, partnership, joint venture, labour hire, or any other relationship for which paarvay would owe duties as principal, employer, host employer, or comparable role, to the maximum extent permitted by law.

The Service may, from time to time, surface particular inspectors, slots, suggestions, or content to particular users by any means we choose, including (without limitation) human curation, rules-based logic, machine learning, artificial intelligence, behavioural signals, geographic proximity, availability, popularity, or any combination of them. No surfacing, ordering, ranking, recommendation, suggestion, matching, or AI-generated output of any kind constitutes a representation, warranty, endorsement, referral, recommendation, or guarantee by paarvay in respect of any inspector, attendee, property, slot, finding, or other matter.

When an attendee books an inspection through the Service and the booking is accepted (whether by the inspector claiming it or by any other mechanism), a direct contract for the provision of inspection services is formed between the attendee and the inspector, on the inspector's terms (or, in the absence of express terms, on the terms implied by law). paarvay is not a party to that contract, has no rights and no obligations under it, and does not warrant its terms, performance, enforceability, or outcome.

All rights, obligations, remedies, claims, and disputes arising out of or in connection with the inspection services — including (without limitation) the scope, quality, completeness, accuracy, timeliness, fitness for purpose, sufficiency, and consequences of any inspection or finding, and whether the inspector turned up, on time, conducted the inspection, completed it, or did anything else the attendee expected — exist between the attendee and the inspector. paarvay is not liable for any of them, and any claim relating to inspection services must be brought by the attendee against the inspector (or vice versa), not against paarvay.

paarvay does not, at any time:

• own, occupy, take possession or custody of, take any interest in, take any responsibility for, or accept any risk in respect of any property in connection with which an inspection is booked or performed;
• guarantee, warrant, or represent the condition, location, value, suitability, safety, accessibility, lawful use, compliance status, legal title, or any other attribute of any property;
• act as a real-estate agent, buyer's agent, seller's agent, conveyancer, escrow agent, or property professional in respect of any property; or
• accept, hold, or transfer any deposit, escrow, settlement payment, or other property-related funds, except for the limited inspection-fee payment-processing facility described in Section 6.

You must not rely on the Service, the booking of an inspection, the conduct of an inspection, or any finding made in an inspection as a basis for any property-related decision without first obtaining your own independent professional advice.

You acknowledge and agree that:

• a virtual inspection conducted over video is inherently different from, and limited compared to, a physical inspection conducted on site by a licensed inspector with hands-on access to the property;
• virtual inspections cannot, and do not, detect defects, conditions, structures, materials, or matters that are not visible or audible through the camera and audio used during the meeting, are obscured by furniture, paint, lighting, or other obstacles, require physical access (including roof, sub-floor, ceiling, wall, or concealed spaces), require physical sampling or testing, or are otherwise undetectable through a video walkthrough;
• the quality and content of any virtual inspection depends materially on factors outside paarvay's control, including the network, device, camera, audio, lighting, weather, time of day, person operating the camera at the property, and any restriction on what is shown;
• a virtual inspection through the Service is not a substitute for any pre-purchase, pre-sale, or pre-lease building, pest, structural, or comparable inspection that may be required, recommended, or prudent under the law of any jurisdiction or the practice of any profession, and you must not treat it as such; and
• paarvay does not warrant, and expressly disclaims any warranty as to, the suitability of any virtual inspection for any particular real-estate transaction, decision, or purpose.

paarvay's protections, limitations, and arrangements apply only to interactions conducted through the Service. If you arrange, communicate, pay, perform, or settle any matter relating to an inspection outside the Service (including by direct payment, off-platform messaging, side agreement, or any other means), paarvay has no role, no rights, and no obligations in respect of that activity, and none of the limitations, protections, or processes in the Terms apply to it.

Inspection meeting recordings, transcripts, and derivative materials are provided as a technology feature only. They are not, and we do not represent or warrant that they are or will be, complete, accurate, contemporaneous, evidentiary-grade, admissible, tamper-proof, fit for any legal or professional purpose, or suitable for use as evidence in any proceeding. You use any recording, transcript, or derivative material at your own risk.

Any dispute, complaint, or claim between an attendee and an inspector, between two attendees, between two inspectors, or between a user and any third party (including a property owner, occupier, neighbour, real-estate agent, or insurer) is between those persons, and paarvay is not a party to it. We may, in our sole and absolute discretion, choose to receive information about, investigate, mediate, suspend or terminate accounts in connection with, or otherwise respond to any such dispute, but we are under no obligation to do so.

You are solely responsible for ensuring that your access to, booking of, conduct in, and use of inspections and inspection meeting recordings through the Service complies with all laws and regulations applicable to you. paarvay does not advise on what those laws require of you, and we expressly exclude any duty to do so, to the maximum extent permitted by law.

By accessing or using the Service, you acknowledge and agree that:

• you understand, and accept, the framing in this Section 2 and have entered into the Terms in reliance on that framing being effective;
• you have selected the inspector (or, as an inspector, the attendees you serve) at your own choice and risk, and you bear sole responsibility for that selection and for the consequences of relying on any inspection, finding, recording, or other output produced through the Service;
• you will obtain your own independent professional advice before making any property-related, financial, legal, or other decision in reliance on anything obtained through the Service;
• the framing in this Section 2 is fundamental to the basis on which we make the Service available, and we would not make the Service available but for your acknowledgment of, and acceptance of, that framing; and
• this Section 2 applies notwithstanding any communication, marketing material, brand statement, slide, post, demonstration, or other extrinsic material to the contrary, and any such material is overridden by this Section 2 to the maximum extent permitted by law.

You may access or use the Service only if each of the eligibility representations in Section 1.4 is, and remains, true of you, and (in addition) you are located in a country in which we make the Service available from time to time. As at the effective date of the Terms, we make the Service available only in Australia. We may, in our sole and absolute discretion, change the countries in which we make the Service available, restrict particular features by location, or block access from any location, at any time and without notice.

If any eligibility representation in Section 1.4 ceases to be true of you, you must immediately stop using the Service and close your account in accordance with Section 3.8.

To use most features of the Service you must create an account. We may decline to create, activate, restore, or maintain any account, in our sole and absolute discretion, with or without notice, with or without reasons. No person has a right to an account on the Service.

We may require identity verification, evidence of authority, and any other information or document we consider appropriate before, during, or after account creation.

You may hold one account per natural person, except where we expressly approve more. You must not share, transfer, sell, rent, lease, lend, sub-license, gift, devise, bequeath, or otherwise dispose of, or permit any other person to access or use, your account, your credentials, or any access right associated with your account. You must not use any other person's account, credentials, or access right.

Your account is personal to you and non-transferable. Any purported transfer is void.

You must ensure that the information associated with your account is true, accurate, current, and complete, and you must update it promptly if it changes. We may rely on, and act on, any information associated with your account as if it were true, accurate, current, and complete.

You are solely responsible for the security of your account, your sign-in email address, your Google account (where used), your devices, and any credential, code, link, or token that permits access to your account, on the basis set out in Section 6.3 of the Privacy Policy. All access to and use of the Service through your account or your credentials is deemed to be by, and is binding on, you, on the basis set out in Section 1.3.

You must notify us at support@paarvay.com promptly on suspecting any unauthorised access. Notice to us does not, of itself, reverse or undo any liability you have already incurred under the Terms or under any contract formed through the Service.

Access to the inspector role on the Service is available only with our prior written or in-product approval, which we may give, withhold, condition, restrict, or revoke in our sole and absolute discretion, at any time, with or without notice and with or without reasons. Holding inspector access does not create any contract for services with paarvay, any obligation on us to make work, leads, claims, or bookings available to you, or any entitlement to maintain inspector access.

Each inspector represents and warrants on a continuing basis that they hold, and will maintain throughout the period in which they hold inspector access, all licences, accreditations, qualifications, certifications, insurance (including public liability and professional indemnity insurance), tax registrations (including ABN and any GST registration that may be required), and other authorisations required by law to provide the inspection services they offer.

Access to the Affiliate (Marketing) role on the Service is available only with our prior written or in-product approval, which we may give, withhold, condition, restrict, or revoke in our sole and absolute discretion, at any time, with or without notice and with or without reasons. Holding Affiliate access does not create any contract for services with paarvay, any obligation on us to maintain the affiliate program, any commission rate, any attribution rules, or your access, or any entitlement to any minimum, guaranteed, or particular volume of commission. Section 5A governs the Affiliate role.

Each Affiliate represents and warrants on a continuing basis that they hold, and will maintain throughout the period in which they hold Affiliate access, all licences, registrations, accreditations, tax registrations (including ABN and any GST registration that may be required), and other authorisations required by law to carry on the marketing activity they conduct in connection with the Service.

We may, at any time and in our sole and absolute discretion, suspend, restrict, throttle, lock, downgrade, or terminate your account or any part of your access to the Service, with or without notice, with or without reasons.

We may treat any account that has been inactive for a period we consider appropriate as closed, and we may delete or de-identify any data associated with it, subject to the retention rules in Sections 5.4 and 5.5 of the Privacy Policy.

You may close your account at any time by emailing support@paarvay.com with the subject line "Close account". We may require identity verification, completion of any outstanding inspections or transactions, payment of any outstanding fees, and any other condition we consider appropriate before processing closure.

Closure of your account does not affect your liability for any matter arising before closure, does not require us to delete personal information we are entitled or required to retain, does not affect any inspection meeting recording or derivative material, and does not affect any provision of the Terms or the Privacy Policy expressed or intended to survive termination.

We may at any time refuse to provide the Service, or any part of it, to any person, in our sole and absolute discretion, with or without notice, with or without reasons.

We may change the eligibility criteria, account requirements, inspector-role conditions, Affiliate-role conditions, affiliate-program commission rates and attribution rules, suspension and termination practices, and any other matter in this Section 3 at any time. Section 14 applies.

The information you provide when booking (property address, slot, contact details) must be true, accurate, and complete. You may book only for a property you have a legitimate interest in inspecting. A breach of this is a material breach.

You must pay the displayed fees when booking. No chargeback may be initiated without first raising the matter under Section 6. A chargeback in breach of that rule is a material breach (Section 6.3 applies).

You must:

• be available and ready to join the meeting at the slot start time;
• not threaten, harass, intimidate, or abuse the inspector or anyone else;
• not instruct or pressure the inspector to act unlawfully, unsafely, or outside their professional judgement, or to give an opinion they are not willing to give;
• not record, screen-capture, or otherwise capture the meeting outside the recording made by the Service.

Any access we make available to you to a recording, transcript, or derivative material is limited to your own personal reference in connection with the inspection. The restrictions and damages provision in Section 7.4 apply to you.

For twelve (12) months after any inspection (or any cancelled, no-show, aborted, or attempted inspection) you have booked through the Service, you must not engage, retain, contract with, solicit, or refer to others the inspector, the inspector's business, or any of their associates for the same, similar, related, or comparable services outside the Service.

Breach entitles us to recover from you, as a debt due, the higher of (i) twelve months' worth of platform fees that would have been payable at our then-current rates and (ii) AUD $2,000, plus our enforcement costs, as a genuine pre-estimate of loss.

If you book on behalf of another person, you remain personally liable, jointly and severally with that person, for all obligations under the Terms in respect of the booking.

You must not represent to any person (including an owner, agent, or occupier) that paarvay employs, engages, supervises, vets, endorses, or stands behind the inspector, or that paarvay has commissioned the inspection. Section 2.3 governs the relationship.

You acknowledge that:

• a virtual inspection has the inherent limitations in Section 2.7 and is not a substitute for any physical, pre-purchase, building, pest, or comparable inspection that may be required or prudent;
• inspection findings are the inspector's, not paarvay's (Section 2.3), and paarvay does not warrant any inspector's qualifications, insurance, or performance beyond any minimum standard we choose to apply for our own operational purposes;
• you must obtain your own independent professional advice before making any property, financial, or legal decision in reliance on anything obtained through the Service.

You indemnify paarvay against any loss arising from your breach of this Section 4 (Section 11 applies).

You are an independent contractor of the attendee who books you, and not of paarvay. You are operating, at your own risk, on your own account, and as a separate business from paarvay. You acknowledge and agree to the framing in Section 2.3, including (without limitation) that:

• there is no employment, agency, partnership, joint-venture, fiduciary, representative, labour-hire, or comparable relationship between you and paarvay, whether under section 15AA (the whole-of-relationship test), Part 3-1 Division 6 (sham contracting), or Part 3A-1 (regulated workers and employee-like workers) of the Fair Work Act 2009 (Cth), under the Labour Hire Licensing Act 2018 (Vic), under the Independent Contractors Act 2006 (Cth), under section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth), or under any comparable legislation, and the Service is not a labour-hire arrangement, a digital labour platform engaging employee-like workers, or an employment arrangement of any kind;
• this designation reflects the actual nature and substance of the relationship, is not a sham contract within the meaning of Part 3-1, Division 6 of the Fair Work Act 2009 (Cth), and accords with the substance of the relationship viewed as a whole under section 15AA of that Act and with the operational reality of how we provide the Service;
• you are not an employee-like worker within the meaning of Part 3A-1 of the Fair Work Act 2009 (Cth): you have meaningful bargaining power over the terms of your engagement; you set your own service fees; paarvay does not exercise authority or control over how you perform inspections (other than by passively making slot times available, which is not control in the legal sense); and the conditions on which you provide services are not comparable to those of an employee;
• paarvay does not engage, retain, supervise, direct, control, instruct, manage, schedule (other than by passively making slot times available), train, evaluate, performance-manage, set your methods or means of work, or remunerate you in the legal sense of any of those words;
• you provide and use your own tools, equipment, devices, software, transport, and consumables at your own cost;
• you bear the commercial risk of profit and loss in respect of your own business, including any periods of idle time, downtime, training, travel, marketing, lead-generation, or unprofitability;
• you are free to perform inspection (and other) services for any other principal, on any platform or off-platform, and paarvay does not require, expect, or rely on any exclusivity;
• you are responsible for your own marketing, advertising, lead-generation, business-name registration, sole-trader registration, ABN registration, GST registration, and any other business-establishment obligation; and
• you irrevocably waive any right, to the maximum extent permitted by law, to assert in any proceeding or before any regulator that the relationship between you and paarvay is or was one of employment, agency, partnership, joint venture, labour hire, sham contracting, or any other relationship for which paarvay would owe you, or any third party, duties as principal, employer, host employer, or comparable role.

You have no expectation of any particular volume, frequency, value, or timing of bookings, leads, claims, or work, and paarvay is under no obligation to provide any.

You represent, warrant, and undertake on a continuing basis that you hold, and will maintain throughout the period in which you hold the inspector role, all of the following (to the extent applicable):

• every licence, registration, accreditation, qualification, and certification required by law or by the standards of your profession;
• valid and in-force public liability insurance and professional indemnity insurance, in each case with a reputable insurer, at a level of cover not less than that which a reasonable person carrying on your activity would maintain;
• a current Australian Business Number (ABN);
• registration for Goods and Services Tax (GST) where your turnover or activity requires it;
• compliance with all your obligations as a self-employed person under the Income Tax Assessment Act 1997 (Cth), the Superannuation Guarantee (Administration) Act 1992 (Cth), the Payroll Tax Act 2007 (Vic) (and comparable legislation in any other Australian jurisdiction), and any other applicable tax or revenue legislation; and
• compliance with all applicable work health and safety, workers' compensation, occupational, professional, consumer-protection, and anti-discrimination law, and provision of your own personal protective equipment and other equipment necessary for your activity.

You further represent and warrant that you are not, and have never been, subject to any disqualification, deregistration, banning, undertaking, or pending investigation that affects your fitness or capacity to provide inspection services, and that nothing in your performance of inspections through the Service will breach any restraint of trade, non-compete, fiduciary duty, or other obligation you owe any third party.

You must notify us at support@paarvay.com within seventy-two (72) hours of any actual or threatened lapse, expiry, suspension, condition, restriction, claim, complaint, investigation, regulator inquiry, prosecution, disciplinary process, or insurance event in respect of any of the above.

You must not accept, claim, or perform any inspection where you have, or could reasonably be perceived to have, a conflict of interest, including (without limitation) where:

• you, your relative, your employee, your employer, your business associate, or your client owns, occupies, has an interest in, has a contract over, is a party to a transaction in respect of, or has any other material connection with the property to be inspected;
• you have a material connection with the attendee, with the property owner, occupier, agent, or any other person whose interests would be affected by the inspection;
• you would, as a result of the inspection, gain or be in a position to gain any advantage other than the fee payable through the Service.

You must proactively disclose any actual or potential conflict and decline or recuse yourself unless the attendee, with full knowledge of the conflict, has given informed written consent through the Service.

You arrange your own access to each property — at your own cost, time, and risk — by whatever means is appropriate and lawful (open inspections, private appointments, contact with the listing agent, or otherwise). paarvay does not arrange access for you, does not communicate with the agent or owner on your behalf, and is not responsible for any cost, delay, refusal, or other consequence of access arrangements.

You warrant on a continuing basis, in respect of each inspection you perform through the Service, that:

• you have obtained the permission of the property owner, agent, or other person with authority over the property to attend the property and to conduct the inspection (including audio-video recording) through the Service;
• you will not deliberately record any private conversation of any person without that person's consent, and you will otherwise comply with the Surveillance Devices Act 1999 (Vic) and any comparable legislation in the relevant jurisdiction;
• you will take reasonable steps to avoid focusing on, or capturing the conversations of, persons other than those participating in the inspection;
• you will not publish, broadcast, or distribute any recording or derivative material in a manner that identifies any person at the property, except with that person's consent or other lawful basis;
• you will comply with any tenancy notice period, body-corporate or strata rule, by-law, or other access-related requirement applicable to the property;
• you will conduct yourself safely, lawfully, and professionally at the property, and you will not enter or remain at the property without the requisite authority; and
• you will provide your own personal protective equipment and other equipment necessary for the inspection.

A breach of this Section 5.4 is a material breach and triggers your indemnity under Section 5.14.

When you accept and perform an inspection through the Service, you must:

• perform the inspection with due care and skill as owed by you to the attendee under the consumer guarantees in Part 3-2 of the Australian Consumer Law and otherwise at law (we expressly acknowledge that this duty is owed by you to the attendee, not by paarvay, and that paarvay is not a "supplier" of the inspection services for any purpose);
• conduct the inspection lawfully, safely, professionally, civilly, and in accordance with the operational practice that you, in your professional judgement, consider appropriate;
• adhere to the virtual-inspection limitations described in Section 2.7, and not represent that a virtual inspection is a substitute for a physical inspection;
• not make any finding, statement, or representation about any matter you cannot actually see, hear, or otherwise assess through the meeting;
• not give any advice or opinion outside your area of competence; and
• comply with any reasonable direction we give you about the conduct of inspections through the Service.

You may, in your sole and absolute professional discretion, suspend, abort, or refuse to continue any inspection where you consider that any hazard, safety concern, non-cooperation, breach of these Terms by the attendee, undisclosed risk, or other circumstance makes continuation unsafe, unlawful, or unreasonable.

You must report to us at support@paarvay.com, within twenty-four (24) hours, any incident, injury, near-miss, safety concern, abusive conduct, undisclosed hazard, threat to a person or property, criminal conduct, or other material event arising in connection with any inspection through the Service.

You may publish a profile, biography, qualifications, certifications, service regions, and other content on the Service in connection with the inspector role. You represent, warrant, and undertake that all such content is, and remains, true, accurate, current, complete, and not misleading; not in breach of any third-party right; and not defamatory, threatening, discriminatory, harassing, obscene, unlawful, or otherwise prohibited under Section 8.

You grant paarvay, and our affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable licence to host, store, copy, reproduce, display, distribute, transmit, modify, adapt, translate, summarise, index, embed, vectorise, analyse, and otherwise use the content for any purpose related to operating, promoting, securing, evolving, and commercialising the Service. Section 9 of the Terms applies generally.

Brand restrictions. You may describe yourself, in factually accurate terms, as performing inspections through the paarvay Service. You must not use the paarvay name, logo, brand, or any confusingly similar mark in your own business name, domain, social-media handle, marketing material, invoices, or other communications in any manner that suggests employment, agency, partnership, endorsement, affiliation, or sponsorship by paarvay beyond your factual status as an inspector who uses the Service.

You acknowledge and agree to the recording, retention, processing, use, and disclosure of inspection meeting recordings, transcripts, embeddings, and derivative materials in accordance with Section 7 of the Terms and Sections 3.4 and 5.3 of the Privacy Policy. You consent to the matters set out in those provisions (including biometric processing) on the same basis as any other participant, and you have no proprietary or moral-rights claim over any recording, transcript, embedding, model weight, or derivative material to the maximum extent permitted by law.

For each inspection you perform through the Service, the attendee pays a fee in accordance with Section 6. paarvay collects the fee from the attendee, deducts our platform fee (as set out in our then-current fee schedule, which we may change from time to time), and remits the balance to you in accordance with our then-current payment-processing terms.

You acknowledge and agree that:

• paarvay is not your employer, principal, or payer. We collect fees from attendees on the attendees' behalf and remit them to you in your capacity as the contracted service provider;
• we make no representation or warranty as to the attendee's solvency, intention to pay, or ability to pay, and we are not liable to you for any non-payment, late payment, refund, reversal, chargeback, or dispute by the attendee;
• we may withhold, place on hold, defer, delay, set off, reverse, claw back, or recover any amount otherwise payable to you, in our sole and absolute discretion and for any period we consider necessary, where any amount is owed by you to us (including platform fees, refunds we are required to make to attendees, recoveries under Section 4.5 or Section 5.10, and indemnity amounts under Section 5.14 or Section 11); where any complaint, dispute, investigation, regulator inquiry, or claim is pending; where we suspect any fraud, abuse, or breach of the Terms; or where any other operational or risk concern applies;
• we may change our platform fee, fee schedule, payment timing, payment method, and remittance practices at any time, and your continued use of the inspector role after any change is acceptance of it;
• we are not responsible for, and do not undertake to calculate, withhold, report, or pay, your income tax, GST, superannuation guarantee, payroll tax, fringe benefits tax, workers' compensation premium, payroll, leave, or any other amount that would be payable for, or in respect of, an employee — all such amounts are your sole responsibility;
• you must issue any invoice or tax invoice required under tax law in respect of fees paid to you; and
• you consent to our disclosure of payment, identity, transaction, and tax-relevant information to the Australian Taxation Office, the State Revenue Office of Victoria, the Australian Securities and Investments Commission, any sharing-economy reporting regime, and any other authority where we consider disclosure required, requested, or prudent.

You must comply with the conduct rules in Section 8 (Acceptable use), and (without limitation) you must not:

• represent, suggest, imply, or hold out to any attendee, owner, occupier, regulator, or third party that you are an employee, agent, partner, or representative of paarvay, that paarvay endorses, vetted, or stands behind your services, or that paarvay is responsible for or guarantees your findings;
• harass, threaten, intimidate, abuse, discriminate against, or unlawfully treat any attendee, occupant, neighbour, or other person;
• solicit, give, or accept any payment, gift, inducement, or benefit outside the Service in connection with any inspection booked or attempted through the Service;
• defraud, mislead, or deceive any attendee, owner, occupier, regulator, insurer, or other person, including by overstating your qualifications, experience, insurance, or findings;
• use information obtained through the Service (including attendee identity, property addresses, recordings, and chat content) for any purpose other than performing the inspection, except as expressly authorised by us in writing; or
• moonlight as a buyer's agent, real-estate agent, financial adviser, or other advocate for any party in respect of any property you have inspected through the Service, except where the attendee retains you for such role in writing and with full disclosure.

You must not, for a period of twelve (12) months after the conclusion of any inspection (or any cancelled, abandoned, no-show, aborted, or attempted inspection) connecting you with an attendee through the Service:

• engage, retain, contract with, or accept work from that attendee, any of that attendee's related persons or entities, or any person to whom that attendee has introduced or referred you, outside the Service for the same, similar, related, or comparable inspection or property services;
• solicit, induce, or encourage any such person to engage you outside the Service;
• share, publish, or disclose any attendee's contact details, property addresses, or other information obtained through the Service to any third party for any purpose other than performing the booked inspection; or
• circumvent any fee, charge, or platform mechanism by arranging or settling any inspection or property service outside the Service.

A breach of this Section 5.10 entitles us, in addition to any other remedy available to us, to recover from you, as a debt due, an amount equal to the higher of (i) twelve (12) months' worth of platform fees that would have been payable to us had the relevant engagement been conducted through the Service at our then-current rates and (ii) AUD $2,000, plus our enforcement costs and any associated investigation costs — which you acknowledge is a genuine pre-estimate of our loss, and is not a penalty.

You must keep confidential, and use only for the purpose of performing the booked inspection, all attendee identity, property address, contact, chat, and other non-public information obtained through the Service, both during and after the period in which you hold the inspector role.

You must, at our reasonable request:

• produce evidence of any licence, accreditation, qualification, certification, insurance, tax registration, ABN, GST registration, business registration, or other matter the subject of any representation or warranty in this Section 5;
• cooperate with any investigation, audit, complaint review, regulator inquiry, or insurance investigation we conduct or in which we participate;
• preserve, and provide to us on request, any document, record, photograph, message, or other material relevant to any such investigation or inquiry; and
• not destroy, alter, conceal, or interfere with any such material.

paarvay is under no obligation to defend, indemnify, fund, or advance legal costs in respect of any claim, complaint, investigation, prosecution, disciplinary process, or proceeding against you, whether brought by an attendee, occupant, regulator, professional body, insurer, or any other person, except to the extent the law strictly requires.

If you hold the inspector role, or use the Service, through a company, trust, partnership, or any other entity (an Inspector Entity), then:

• the Inspector Entity is bound by these Terms;
• each natural person who controls, directs, beneficially owns, or otherwise stands behind the Inspector Entity (each, a Controller) is also bound by these Terms in their personal capacity, jointly and severally with the Inspector Entity, and is personally liable for all of the Inspector Entity's obligations under the Terms, including (without limitation) under Sections 5.10 (non-circumvent recovery) and 5.14 (indemnity); and
• each Controller, by accessing the Service, using the inspector role, or claiming or performing any inspection, personally guarantees to paarvay the due and punctual performance of all the Inspector Entity's obligations under the Terms, on a continuing basis and without need for any further act.

By accessing or using the inspector role, or performing any inspection, you acknowledge and agree that:

• the framing in Section 2 (and particularly Sections 2.3 and 2.5) is fundamental to the basis on which paarvay makes the Service available to you;
• you understand the consumer guarantees you owe to attendees under Part 3-2 of the Australian Consumer Law and any other applicable law, and you accept that those duties are owed by you to the attendee, not by paarvay;
• you bear sole responsibility for compliance with all licensing, insurance, tax, safety, professional, and conduct obligations applicable to your provision of inspection services;
• you bear sole responsibility for, and you accept the risk of, any physical, psychological, emotional, or reputational consequence to you of dealing with attendees, occupants, properties, and inspections through the Service;
• paarvay does not warrant, and you must not rely on paarvay's verification (or non-verification) of, any attendee's identity, authority over the property, solvency, suitability, or compliance with the Terms; and
• this Section 5 applies notwithstanding any communication, marketing material, brand statement, slide, post, demonstration, or other extrinsic material to the contrary.

You (and, where you trade through an Inspector Entity, the Inspector Entity and each Controller jointly and severally) indemnify paarvay against any loss, damage, cost, claim, demand, action, suit, proceeding, fine, penalty, or expense (including legal costs on a full-indemnity basis) we suffer or incur in connection with:

• any breach by you (or the Inspector Entity or any Controller) of this Section 5;
• any inspection, finding, opinion, recommendation, statement, or representation made by you;
• any claim brought against paarvay by any attendee, occupant, owner, neighbour, regulator, insurer, tax or revenue authority, professional body, or other third party arising out of or in connection with your provision of inspection services or your conduct on the Service;
• any assessment, charge, demand, audit finding, or proceeding by any tax, revenue, superannuation, payroll-tax, workers'-compensation, work-health-and-safety, labour-hire, or other authority that paarvay is liable for any amount referable to, or characterised as employment, deemed-employment, contractor-arrangement, sham-contracting, or labour-hire-related in respect of, your activity on the Service (including without limitation pay-as-you-go withholding, superannuation guarantee charge, payroll tax, workers'-compensation premiums, fringe benefits tax, and associated interest, penalties, and costs); and
• any claim, assertion, or finding that the relationship between you and paarvay is or was one of employment, agency, partnership, joint venture, labour hire, sham contracting, or any comparable relationship,

on the basis set out in Section 11.

You participate in the affiliate program as an independent contractor, on your own account, as a separate business from paarvay. You acknowledge and agree that:

• there is no employment, agency, partnership, joint-venture, fiduciary, representative, labour-hire, or comparable relationship between you and paarvay, whether under section 15AA (the whole-of-relationship test), Part 3-1 Division 6 (sham contracting), or Part 3A-1 (regulated workers and employee-like workers) of the Fair Work Act 2009 (Cth), under the Labour Hire Licensing Act 2018 (Vic), under the Independent Contractors Act 2006 (Cth), under section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth), or under any comparable legislation;
• this designation reflects the actual nature and substance of the relationship, is not a sham, and accords with the substance of the relationship viewed as a whole under section 15AA of the Fair Work Act 2009 (Cth);
• paarvay does not engage, retain, supervise, direct, control, instruct, manage, schedule, train, evaluate, performance-manage, set your methods or means of work, or remunerate you in the legal sense of any of those words;
• your participation is commission-only and outcome-based: you are paid only when an inspection attributable to you under our then-current attribution rules is completed and paid for, at the commission rate set in the Service for your account; you are not paid for time worked, effort, links created, clicks generated, or any other input;
• you provide and use your own tools, equipment, devices, software, social-media accounts, marketing channels, and consumables at your own cost, and you set your own methods, hours, and locations of marketing activity;
• you bear the commercial risk of profit and loss of your own marketing business, including any periods in which your referrals generate no commission;
• you are free to participate in any other referral, affiliate, or marketing program, and paarvay does not require, expect, or rely on any exclusivity;
• you have no expectation of any particular volume, frequency, value, or timing of commissions, and paarvay is under no obligation to generate any; and
• you irrevocably waive any right, to the maximum extent permitted by law, to assert in any proceeding or before any regulator that the relationship between you and paarvay is or was one of employment, agency, partnership, joint venture, labour hire, sham contracting, or any other relationship for which paarvay would owe you, or any third party, duties as principal, employer, host employer, or comparable role.

You represent, warrant, and undertake on a continuing basis that you hold, and will maintain throughout your participation in the affiliate program:

• every licence, registration, accreditation, or authorisation required by law for the marketing activity you carry on (including, if applicable, any real-estate, financial-services, or comparable licensing for the audience you market to);
• a current Australian Business Number (ABN);
• registration for Goods and Services Tax (GST) where your turnover or activity requires it;
• compliance with all your obligations as a self-employed person under the Income Tax Assessment Act 1997 (Cth), the Superannuation Guarantee (Administration) Act 1992 (Cth), the Payroll Tax Act 2007 (Vic) (and comparable legislation in any other Australian jurisdiction), and any other applicable tax or revenue legislation; and
• compliance with the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), the Australian Consumer Law, the Australian Association of National Advertisers Code of Ethics, and any other law applicable to your marketing activity.

You must, in all marketing activity in connection with the Service:

• not represent, suggest, imply, or hold out to any prospect, audience, regulator, or third party that you are an employee, agent, partner, joint venturer, representative, spokesperson, or staff member of paarvay, or that paarvay endorses, vetted, or stands behind your services or recommendations;
• describe yourself, in factually accurate terms only, as a paarvay affiliate or a participant in the paarvay affiliate program;
• not use the paarvay name, logo, brand, or any confusingly similar mark in any business name, domain, social-media handle, email-sender name, or other identifier in a manner that suggests employment, agency, partnership, endorsement, affiliation, or sponsorship by paarvay beyond your factual status as an Affiliate;
• disclose your affiliate status clearly and conspicuously in any marketing material where disclosure is required by law, by platform policy (including the Australian Association of National Advertisers Code of Ethics and any social-media platform's disclosure rules), or by reasonable expectation;
• not make any false, misleading, deceptive, or unsubstantiated representation about paarvay, the Service, any property, any inspector, any inspection, any pricing, any availability, or any outcome;
• not engage in any unsolicited commercial electronic message activity in breach of the Spam Act 2003 (Cth), or any unsolicited contact in breach of the Privacy Act 1988 (Cth), the Do Not Call Register Act 2006 (Cth), or any comparable legislation;
• not pay for, place, run, or bid on any paid advertising that uses the paarvay name, logo, brand, or any confusingly similar mark, or any term that targets paarvay's organic search traffic, except with our prior written consent; and
• comply with any reasonable direction we give you about your marketing conduct on or in connection with the Service.

Attribution of users and inspections to an Affiliate is determined by our then-current attribution rules published in the Service from time to time, which we may change in our sole and absolute discretion. You acknowledge and agree that:

• commission is earned only on an inspection that is attributed to you, completed, and paid for in full by the attendee through the Service, and is calculated at the commission rate applicable to your account at the time of completion;
• we may change the commission rate, attribution window, attribution method, fee schedule, payment timing, payment method, and remittance practices at any time, and your continued participation after any change is acceptance of it;
• we may withhold, place on hold, defer, delay, set off, reverse, claw back, or recover any commission otherwise payable, in our sole and absolute discretion and for any period we consider necessary, where any amount is owed by you to us, where any complaint, dispute, investigation, regulator inquiry, refund, chargeback, or claim is pending, where we suspect any fraud, abuse, attribution manipulation, or breach of the Terms, or where any other operational or risk concern applies;
• we are not responsible for, and do not undertake to calculate, withhold, report, or pay, your income tax, GST, superannuation guarantee, payroll tax, fringe benefits tax, workers' compensation premium, payroll, leave, or any other amount that would be payable for, or in respect of, an employee — all such amounts are your sole responsibility;
• you must issue any invoice or tax invoice required under tax law in respect of commissions paid to you;
• where an attendee's payment is refunded, reversed, charged back, or otherwise unwound, any commission paid or accrued in respect of that payment is correspondingly reversed, recoverable, and set-off-able against future commissions; and
• you consent to our disclosure of attribution, payment, identity, transaction, and tax-relevant information to the Australian Taxation Office, the State Revenue Office of Victoria, the Australian Securities and Investments Commission, any sharing-economy reporting regime, and any other authority where we consider disclosure required, requested, or prudent.

You must not:

• generate, induce, fabricate, or manipulate any click, sign-up, attribution, booking, or inspection — including by self-referral, self-attribution, automated traffic, click-farm activity, cookie-stuffing, link-stuffing, hidden iframes, incentivised clicks (other than as we expressly permit), or any other artificial means;
• attempt to attribute to yourself any user, click, sign-up, booking, or inspection that is properly attributable to another Affiliate or to organic traffic;
• arrange, settle, or facilitate any inspection or property service outside the Service in a manner that circumvents any fee, attribution, or platform mechanism; or
• share, publish, or disclose any non-public information obtained through the Service (including referred-user identity, property addresses, attribution data, commission rates, or business terms) to any third party for any purpose other than your bona fide marketing activity in connection with the Service.

A breach of this Section 5A.5 entitles us, in addition to any other remedy available to us, to claw back all commissions paid or payable in respect of the affected activity, to recover from you (as a debt due) our enforcement and investigation costs, and (in addition to any other remedy) permanently suspend or terminate your participation in the affiliate program.

We may, in our sole and absolute discretion, at any time and with or without notice and with or without reasons, suspend, restrict, terminate, or otherwise vary your participation in the affiliate program, the commission rate applicable to your account, the attribution rules, or the affiliate program itself. Holding the Affiliate role does not create any contract for services with paarvay, any obligation on us to maintain the program, the commission rate, or your access, or any entitlement to any minimum, guaranteed, or particular volume of commission.

Termination is for material breach of these Terms or for any other reason we consider appropriate in our sole and absolute discretion. There is no progressive discipline, no warnings system, no performance improvement plan, and no employment-style process.

If you participate in the affiliate program, or receive any commission, through a company, trust, partnership, or any other entity (an Affiliate Entity), then the Affiliate Entity is bound by these Terms; each natural person who controls, directs, beneficially owns, or otherwise stands behind the Affiliate Entity (each, a Controller) is also bound by these Terms in their personal capacity, jointly and severally with the Affiliate Entity; and each Controller, by participating in the affiliate program or accepting any commission, personally guarantees to paarvay the due and punctual performance of all the Affiliate Entity's obligations under the Terms, on a continuing basis and without need for any further act.

You (and, where you participate through an Affiliate Entity, the Affiliate Entity and each Controller jointly and severally) indemnify paarvay against any loss, damage, cost, claim, demand, action, suit, proceeding, fine, penalty, or expense (including legal costs on a full-indemnity basis) we suffer or incur in connection with:

• any breach by you (or the Affiliate Entity or any Controller) of this Section 5A;
• any marketing material, statement, representation, or communication made by you in connection with the Service;
• any claim brought against paarvay by any prospect, audience member, regulator, advertising body, social-media platform, or other third party arising out of or in connection with your marketing activity or your conduct on the Service;
• any assessment, charge, demand, audit finding, or proceeding by any tax, revenue, superannuation, payroll-tax, workers'-compensation, work-health-and-safety, labour-hire, or other authority that paarvay is liable for any amount referable to, or characterised as employment, deemed-employment, contractor-arrangement, sham-contracting, or labour-hire-related in respect of, your activity on the Service (including without limitation pay-as-you-go withholding, superannuation guarantee charge, payroll tax, workers'-compensation premiums, fringe benefits tax, and associated interest, penalties, and costs); and
• any claim, assertion, or finding that the relationship between you and paarvay is or was one of employment, agency, partnership, joint venture, labour hire, sham contracting, or any comparable relationship,

on the basis set out in Section 11.

You book by selecting a property, a published slot, and confirming. A booking is accepted when an inspector claims it through the Service; until then, no inspection services contract exists, and we may decline or remove any booking, in our sole discretion, with or without reasons.

Fees are those displayed in the Service at the time of booking. All amounts are in AUD; GST and other taxes are payable in addition unless stated otherwise. Each fee comprises (i) the inspector's service fee and (ii) our platform fee, allocated as set out in our then-current fee schedule, which we may change at any time. We may set independent prices for attendees and inspectors. Promotional pricing, credits, and free or discounted bookings are revocable at any time and confer no entitlement.

Attendees pay through the payment method available in the Service. paarvay collects from attendees, deducts our platform fee, and remits the balance to the inspector under Section 5.8.

We may delay, hold, set off, reverse, or require additional identity, KYC, or anti-fraud verification before processing any payment or remittance, in our sole and absolute discretion. We are not liable for any failure, delay, decline, or error of any payment method or payment processor, all of which are at your risk.

No chargeback, payment-dispute, or reversal may be initiated without first raising the matter with us under Section 6.5 and giving us a reasonable opportunity to resolve it. A chargeback in breach of this rule is a material breach, and we may recover from you as a debt due the amount charged back, any associated processor fees, our investigation and enforcement costs, and (in addition to any other remedy) permanently suspend or terminate your account.

Times below are measured in the local time of the property as displayed in the Service:

• Attendee cancels at least 24 hours before slot start: full refund of the inspection fee.
• Attendee cancels less than 24 hours before slot start: no refund, except as we elect in our sole discretion or as required by law.
• Inspector cancels, or inspection not performed for any reason attributable to the inspector: full refund of the inspection fee.
• Attendee no-show (attendee fails to join within fifteen (15) minutes of slot start): no refund.
• Inspection aborted or refused under Section 4.3 or 5.5 (safety, non-cooperation, breach, undisclosed risk, hazard): no refund, except as we elect in our sole discretion or as required by law.

Refunds are processed to the original payment method and only to it. Our platform fee is non-refundable except where we elect or law requires.

Where we are required by law (including the Australian Consumer Law) to provide a refund, credit, or replacement, that refund, credit, or replacement is your sole and exclusive remedy for the matter giving rise to it, to the maximum extent permitted by law. Any discretionary refund, credit, or goodwill payment we grant on any occasion is one-off and does not establish any precedent, expectation, or practice.

If you are dissatisfied with an inspection or the conduct of a booking, raise the matter with us at support@paarvay.com within seven (7) days of the slot start time. We may, in our sole discretion, mediate, refund (or require the inspector to refund), credit, suspend the inspector, or take any other action we consider appropriate, but we are under no obligation to do so and we are not a party to the underlying inspection contract (Section 2.5).

Matters raised after the 7-day window may be declined, to the maximum extent permitted by law. We may suspend any booking, payment, or remittance pending investigation of any dispute.

We do not warrant that any slot will be available, that any inspector will accept any booking, that any inspection will be performed at any particular time or at all, or that any payment method or processor will function. Availability and functionality may change without notice.

We may change inspection prices, our platform fee, the fee schedule, payment timing, refund rules, no-show rules, dispute windows, and any related matter at any time, and any change applies from publication. Bookings made before a change retain the cancellation rule in force at the time of booking; all other matters are governed by the rules then in force. Section 14 applies.

Every inspection meeting conducted through the Service is recorded, including audio, video, screen-sharing, in-meeting chat, and meeting metadata. By joining or participating in any inspection meeting — including by using your device, credentials, or network to join, or by appearing in the audio or visual field of a participant who has joined — you consent to the recording. Recording cannot be disabled; you cannot use the Service for inspections without consenting to it. Once joined, your consent extends to the entire meeting and cannot be partially withdrawn mid-meeting.

By joining an inspection meeting, you give the consents and waivers in Section 3.4 of the Privacy Policy, including (without limitation) consent to recording, indefinite retention, processing for AI training, biometric processing, and moral-rights waiver to the maximum extent permitted by law.

To the maximum extent permitted by law, paarvay owns all right, title, and interest in each inspection meeting recording, transcript, embedding, model weight, and derivative material, including all copyright and other intellectual-property rights. You assign your interest in any such material to paarvay; if the assignment is ineffective for any reason, you grant paarvay an exclusive, perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable licence to the same effect.

This does not affect the inspector's separate intellectual property in any independently authored inspection report or written deliverable produced outside the recording itself.

paarvay grants each participant a personal, non-exclusive, non-transferable, revocable licence to view and replay the recording, transcript, or derivative material we make available, for their own personal reference only. You must not, except with our written consent:

• publish, broadcast, distribute, share with non-participants, post to any social-media or public site;
• use commercially;
• use as evidence in any proceeding; or
• modify, excerpt, or create derivative works for distribution.

The licence terminates if you breach the Terms, if your account is closed, or if we withdraw access.

Breach of this Section 7.4 entitles us, in addition to any other remedy, to recover from you as a debt due the higher of AUD $5,000 and our actual loss, plus enforcement costs, as a genuine pre-estimate of loss. We are not required to monitor or police compliance by any other participant for your benefit.

The attendee warrants on a continuing basis that:

• they have not — none of the on-site obligations apply to attendees, who are not at the property.

The inspector warrants on a continuing basis that:

• they have obtained the permission of the property owner, agent, or other person with authority over the property to conduct the inspection (including audio-video recording) through the Service;
• they will not deliberately record any private conversation of any person without that person's consent;
• they will take reasonable steps to avoid focusing on, or capturing the conversations of, persons other than those participating in the inspection; and
• they will not publish, broadcast, or distribute any recording or derivative material in a manner that identifies any person at the property without that person's consent or other lawful basis.

Every participant in an inspection meeting (attendee and inspector alike) is independently bound by the limited-use licence in Section 7.4 and must not publish, broadcast, or distribute any recording or derivative material except as permitted by it.

The inspector indemnifies paarvay against any claim arising from a breach of this warranty (Section 5.14 applies).

You may withdraw future consent by ceasing to use the Service. You cannot withdraw consent to, or require deletion of, any existing recording, transcript, embedding, or derivative material — those are governed by Privacy Policy §§3.4, 5.3, 5.5. Recordings are provided as a technology feature only; we make no representation as to their accuracy, completeness, evidentiary admissibility, or fitness for any purpose (Section 2.8).

You must access and use the Service only for its intended purpose and in compliance with the Terms, the Privacy Policy, and all applicable law. Each breach of this Section 8 is a material breach of the Terms, regardless of intent, and triggers your indemnity under Section 11.

You must not (and must not attempt to, or permit any other person to):

• breach any law, regulation, court order, or third-party right;
• impersonate any person, misrepresent your identity, authority, qualifications, insurance, or affiliation, or use the Service under a false name;
• defraud, mislead, or deceive any person, or use the Service to facilitate any fraud (including property, mortgage, insurance, disclosure, or rental fraud);
• harass, threaten, intimidate, stalk, abuse, defame, or discriminate against any person on any ground;
• access, store, transmit, or distribute any content that is unlawful, obscene, threatening, defamatory, discriminatory, harassing, or infringes any third-party right;
• transmit any malware, virus, worm, or other harmful code, or seek to gain unauthorised access to any account, system, or data;
• interfere with, disrupt, overload, degrade, or impair the Service or any user's use of it;
• circumvent, disable, or interfere with any security, rate-limiting, authentication, or access-control feature;
• use the Service to send spam, unsolicited commercial communications, or chain communications;
• use the Service for any competitive intelligence, benchmarking, or competing-product development purpose;
• transfer, sell, lease, rent, or sub-license your account or access (Section 3.3); or
• use the Service in any way that brings, or could reasonably bring, paarvay or any inspector or attendee into disrepute.

You must not access the Service by any automated means (including bots, scrapers, crawlers, scripted clients, or AI agents) other than features we expressly publish for such use, and you must not extract, copy, scrape, harvest, mine, index, or use any content, data, or output of the Service (including inspector profiles, slot times, addresses, and recordings) for any machine-learning, model-training, dataset-creation, or competing-product purpose, except as expressly authorised by us in writing.

Breach of this Section 8.3 entitles us, in addition to any other remedy, to recover from you as a debt due the higher of AUD $10,000 and our actual loss, plus enforcement costs, as a genuine pre-estimate of loss.

You must not probe, scan, test, or attempt to test the security of the Service, attempt unauthorised security research, or exploit any vulnerability. Section 6.7 of the Privacy Policy applies to any vulnerability you discover.

We may, at any time and in our sole and absolute discretion, investigate any actual or suspected breach of this Section 8 by any means we consider appropriate, including by using automated tools, behavioural signals, and artificial-intelligence systems. You must cooperate with any investigation and must not destroy, alter, conceal, or interfere with any relevant material.

Where we determine, in our sole and absolute discretion (including by automated determination), that a breach has occurred or is likely, we may (without limitation): warn you; restrict, throttle, suspend, or terminate your account; remove or refuse any content or booking; recover from you the cost of investigation and enforcement; refer the matter to law enforcement, regulators, or other authorities; and exercise any other right available to us. No action we take is required to be preceded by notice, reasons, evidence, proof to any standard, or any particular process, and you have no right to human review of any automated determination except to the extent the law strictly requires.

Each right and remedy in this Section 8 is in addition to, and not in substitution for, every other right and remedy available to us under the Terms, at law, or in equity. Our failure or delay to enforce any provision of this Section 8, or our tolerance of any conduct, is not, and does not constitute, a waiver, estoppel, or election, and does not preclude us from enforcing the same or any other provision at any later time, against you or any other person. We may treat similar conduct differently in our sole and absolute discretion.

If you become aware of any breach of this Section 8 by another user, report it to support@paarvay.com.

We may add to, change, or remove any rule in this Section 8 at any time, in our sole and absolute discretion. Section 14 applies.

In this Section 9, "your content" means any text, image, file, attachment, profile information, biography, qualification, message, chat, voice or video input, link, prompt, instruction, or other content you submit to or through the Service, except for inspection meeting recordings and material derived from them (which are governed by Section 7).

As between you and paarvay, you retain ownership of your content, subject to the licence in Section 9.3, the rights in Section 9.4, and any rights of third parties.

You grant paarvay, and our affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable licence to host, store, copy, reproduce, display, distribute, transmit, modify, adapt, translate, summarise, index, embed, vectorise, analyse, and otherwise use your content for any purpose related to operating, securing, evolving, improving, promoting, and commercialising the Service, including (without limitation) training, testing, evaluating, and operating automated and AI systems, and the purposes described in Sections 3.4, 3.5, and 3.11 of the Privacy Policy.

The licence is unconditional, is not contingent on any payment, on your continued use of the Service, or on the validity of your account, and survives termination of your account, termination of the Terms, and any later challenge by you to its grant or scope. Any use of your content in the training of automated or AI systems is, by its nature, incorporated into model weights and other derivative materials and is irreversible; that use, and our retention and use of any resulting model weights and derivative materials, survives without limit in time.

Any summary, transcript, embedding, vector, index, dataset, model weight, training corpus, analytic output, or other material created by or for paarvay from your content (derivative materials) is paarvay's intellectual property, owned by paarvay free of any licence or claim by you. Derivative materials are not subject to your retained ownership in Section 9.2.

You represent, warrant, and undertake on a continuing basis that your content:

• is true, accurate, current, complete, and not misleading;
• does not infringe any third-party copyright, trade mark, design, patent, confidentiality, privacy, publicity, or other right;
• is not defamatory, threatening, discriminatory, harassing, obscene, hateful, deceptive, or unlawful;
• does not contain malware, links to malware, or harmful code; and
• complies with Section 8 and all applicable law.

Where you submit content on behalf of an entity or another person, you warrant you have full authority to do so and to grant the licence in Section 9.3, and you and that entity or person are jointly and severally bound.

We may, at any time and in our sole and absolute discretion, refuse to publish, edit, abridge, conceal, remove, suspend, or revise any of your content, with or without notice, with or without reasons, by automated or human means. We are not required to monitor, moderate, or curate any content, and any moderation we do is voluntary and may be ad hoc, selective, or discontinued at any time. Where we remove or suspend your content, we are not required to restore it, even if you later cure the breach or circumstance that led to the action.

We may retain copies of removed, edited, or superseded content (and derivative materials made from it) for legal, audit, dispute, abuse-prevention, security, evidentiary, and operational purposes, in accordance with Section 5 of the Privacy Policy. We may use your content (and derivative materials) as evidence in any proceeding, complaint, investigation, or dispute, including against you.

To the maximum extent permitted by law, you consent to all acts and omissions by paarvay and our sub-licensees that would otherwise infringe any moral rights you have in your content.

You indemnify paarvay against any loss arising from your content or any breach of this Section 9 (Section 11 applies).

Except as expressly stated in the Terms and as required by law, the Service, all features, content, recordings, transcripts, derivative materials, communications, AI- and algorithm-generated outputs, and any other outputs are provided "as is" and "as available", with all faults. You use the Service entirely at your own risk.

To the maximum extent permitted by law, we exclude all express and implied conditions, warranties, guarantees, representations, terms, and undertakings of any kind in respect of the Service, including (without limitation) as to:

• merchantability, fitness for purpose, satisfactory quality, accuracy, completeness, currency, timeliness, reliability, integrity, availability, uptime, performance, or security;
• the non-infringement, originality, or quiet enjoyment of any content;
• the conduct, qualifications, identity, insurance, solvency, honesty, or trustworthiness of any user (including any inspector or attendee);
• the suitability of any inspector for any inspection, or the accuracy, completeness, or sufficiency of any inspection or finding;
• the condition, value, suitability, legal status, or any other attribute of any property;
• the accuracy, completeness, evidentiary admissibility, or fitness for purpose of any recording, transcript, summary, embedding, or AI-generated output;
• the accuracy, completeness, freedom from bias, freedom from hallucination or fabrication, reliability, or fitness for purpose of any output of any artificial-intelligence, machine-learning, automated, or algorithmic feature — you acknowledge that such outputs may be wrong, biased, inconsistent, or fabricated and you must independently verify anything you rely on; and
• the acts, omissions, or services of any third party (including service providers, sub-processors, payment processors, and other users).

Nothing in the Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted, or modified.

Where a consumer guarantee applies to anything we supply, and the guarantee is not of a kind for which liability can lawfully be excluded, our liability for any failure of that guarantee is limited, at our election, to:

• (for services) re-supplying the services, or paying the cost of having the services re-supplied; and
• (for goods) replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacement or repair, or refunding the price paid,

in each case to the maximum extent permitted by law. This limitation does not apply to goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption where it would not be fair and reasonable to rely on it.

Without limiting Sections 10.1 and 10.2, paarvay is not responsible for, and you must not rely on us for:

• inspection services — supplied by independent inspectors to attendees (Sections 2.3 and 2.5); claims lie between attendee and inspector;
• property — paarvay has no interest in, custody of, or responsibility for any property (Section 2.6);
• user content — including profile information, chat, and attachments, none of which we warrant;
• third-party services — including those of our service providers and any payment processor;
• the Service's availability or functionality — which may change or be withdrawn without notice (Section 6.6);
• support, bug fixes, response times, feature requests, interoperability with any device, browser, operating system, or network, none of which we undertake to provide at any particular level or at all; and
• beta, preview, experimental, or early-access features — which are provided with no warranty of any kind, may be unstable or withdrawn at any time, and are used entirely at your risk.

We are not liable for any consequence of any event outside our reasonable control, including (without limitation) outages, failures, or compromises of service providers or sub-processors; supply-chain attacks; zero-day vulnerabilities; pandemic; natural disaster; acts of government, regulator, or law-enforcement; sanctions; industrial action; failures of telecommunications, internet, or power; and any other force-majeure event.

Section 1.5 applies. You acknowledge that you have not relied on any statement, representation, warranty, or undertaking made by us or on our behalf that is not expressly set out in the Terms.

Subject to Section 11.3, our total aggregate liability to you under or in connection with the Service and the Terms is limited to the higher of (i) the total fees paid by you to us in the six (6) months immediately preceding the event giving rise to the liability and (ii) AUD $100, in aggregate over the life of the Terms.

This cap applies regardless of how the liability arises (contract, tort, including negligence, statute, equity, indemnity, or otherwise), regardless of the number of events or claims, regardless of the number of users or claimants joined, consolidated, or represented in any proceeding, regardless of whether we were advised of the possibility of the loss, and even if any exclusive remedy in the Terms fails of its essential purpose. The cap survives termination of the Terms and closure of your account.

Subject to Section 11.3, we are not liable to you for any:

• indirect, consequential, special, incidental, exemplary, punitive, or aggravated loss or damage;
• loss of profit, revenue, business, opportunity, goodwill, reputation, anticipated savings, contracts, customers, or use; or
• loss of, corruption of, unauthorised access to, or inability to access data, recordings, or content,

however arising, including by our negligence.

Sections 11.1 and 11.2 do not exclude, restrict, or modify any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified. Where any such guarantee, right, or remedy applies, the limitation in Section 10.3 applies.

You indemnify each Indemnified Person (defined in Section 11.5) against any loss, damage, cost, claim, demand, action, suit, proceeding, fine, penalty, or expense (including legal costs on a full-indemnity basis, regulator penalties, and investigation costs) suffered or incurred in connection with:

• any breach by you of the Terms or the Privacy Policy;
• your access to or use of the Service;
• your content (Section 9);
• (if you are an attendee) any matter described in Section 4.9;
• (if you are an inspector) any matter described in Section 5.14, including any assessment, charge, or proceeding by a tax, revenue, superannuation, payroll-tax, workers'-compensation, work-health-and-safety, or labour-hire authority arising from any characterisation of the relationship between you and paarvay as employment, deemed-employment, or labour-hire;
• any claim brought by any third party arising from your access to, use of, or conduct in connection with the Service; and
• any negligent, wilful, or unlawful act or omission by you.

Your indemnity is uncapped, is not subject to Sections 11.1, 11.2, or 11.7, is continuing and irrevocable, and survives termination of the Terms and closure of your account. You must pay any amount due under the indemnity without set-off, counterclaim, or deduction, and your indemnity applies whether or not we have suffered actual loss.

In Section 11.4, Indemnified Persons means paarvay (Ms Digital Crafts Pty. Ltd.), each of our affiliates and related bodies corporate, our successors and assigns, and each of our directors, officers, employees, contractors, agents, and personnel. You acknowledge that paarvay holds the benefit of the indemnity on trust for each Indemnified Person who is not a party to the Terms.

On any claim covered by Section 11.4, we may, in our sole and absolute discretion: (i) require you to defend the claim using counsel approved by us; (ii) assume the defence at your cost; or (iii) settle the claim. You must not, without our prior written consent, settle, admit liability in respect of, or compromise any claim that involves an Indemnified Person.

Any claim against us in connection with the Service or the Terms must be commenced within twelve (12) months of the earlier of (i) the date of the event giving rise to the claim and (ii) the date you first became aware (or ought reasonably to have become aware) of the event, failing which the claim is permanently barred to the maximum extent permitted by law. The 12-month period runs continuously from the relevant date and is not paused, suspended, or extended by any negotiation, mediation, complaint to a regulator, internal process, or other interim step. This Section 11.7 does not apply to any claim that cannot lawfully be time-barred.

To the maximum extent permitted by law, you waive any right to participate in, commence, or be a member of any class, group, representative, collective, or consolidated action, complaint, or proceeding against any Indemnified Person in connection with the Service or the Terms. Each claim must be brought individually by the person whose rights are affected.

We may, at any time and in our sole and absolute discretion, suspend, restrict, throttle, lock, downgrade, or terminate your account, any of your bookings, your access to any feature, or your access to the Service in whole, with or without notice, with or without reasons, and including by automated determination by artificial-intelligence or other systems. Section 3.7 sets out (without limitation) the kinds of grounds on which we may do so. We may take any of these actions in respect of one user without taking the same action in respect of any other user, and our prior tolerance of any conduct does not preclude us from acting on it later (Section 8.6).

You have no right to notice, hearing, appeal, review, internal escalation, or human review of any decision under this Section 12.1, except to the extent the law strictly requires.

You may close your account at any time in accordance with Section 3.8. We may require identity verification, completion of any in-flight inspection or transaction, payment of any outstanding fee, and any other condition we consider appropriate before processing closure.

On any suspension, termination, or closure:

• you must immediately stop accessing and using the Service in the relevant capacity;
• any in-flight inspection or booking may, at our discretion, be cancelled, completed, or transferred;
• our cancellation and refund rules in Section 6.4 apply to any cancelled booking, and we are otherwise under no obligation to provide any refund, credit, compensation, or remedy;
• the licences you have granted under Sections 7 and 9 continue in accordance with their terms;
• the recordings, transcripts, embeddings, and derivative materials referred to in Section 7 continue to be held and used in accordance with the Privacy Policy;
• your liabilities accrued up to the date of suspension, termination, or closure remain in full force; and
• we may continue any investigation, dispute-handling, regulator interaction, or other process commenced before the suspension, termination, or closure, and you must cooperate with any such process even after closure (Section 5.11 applies to inspectors).

Ban extends to associates and replacement accounts. Where we terminate, ban, or block you, the termination, ban, or block extends to (i) any other account operated, controlled, or used by you, (ii) any account opened by any of your associates, employees, contractors, related persons, or related entities for any purpose connected with you, and (iii) any subsequent account you open under a different identity, device, or network. Any attempt to access the Service through any such account is a breach of the Terms.

No restoration; no data export. We are under no obligation to restore any terminated account, to retain access to historical bookings, recordings, transcripts, content, or communications for you after termination, or to export, transfer, or hand over any data to you in any form. Personal information we hold is governed by the Privacy Policy.

We are not liable to you for any loss arising from any suspension, termination, or closure, however arising, except to the extent liability cannot lawfully be excluded.

Every provision of the Terms that, by its nature or context, is intended to survive — including (without limitation) Sections 1.5, 1.7, 2, 4.5–4.7, 4.9, 5.6, 5.8, 5.10–5.14, 6.3 (anti-chargeback), 7, 8, 9, 10, 11, 12.3, 13, 14, 15, and the Privacy Policy as incorporated — survives termination, expiry, or suspension of the Terms and closure of your account, and continues in full force.

Before commencing any proceeding against us in connection with the Service or the Terms, you must:

• give us written notice of the dispute at support@paarvay.com with the subject line "Dispute notice", setting out the nature of the dispute, the facts, the relief sought, and your identity and contact details;
• send the notice personally, or have it sent by your legal practitioner — not by any journalist, advocate, advisor, or other third party — unless we accept it from such a person in our sole and absolute discretion; and
• give us thirty (30) days from our receipt of the notice to investigate and respond, and engage in good-faith negotiation with us during that period.

The notice, our response, and all communications between us in connection with the dispute (including any settlement offer or discussion) are without prejudice, confidential, and inadmissible in any proceeding (except as evidence of compliance with this Section 13.1), and you must not publish, post, screenshot, or otherwise disclose them to any person other than your legal practitioner bound by an equivalent obligation, except as required by law.

This Section 13.1 is a condition precedent to commencing any proceeding, and any proceeding commenced in breach of it may be stayed or dismissed at our application, with costs payable by you on a full-indemnity basis.

This Section 13.1 does not toll, pause, suspend, or extend any limitation period (including the 12-month period in Section 11.7) or any other deadline, regardless of how long negotiations take. This Section 13.1 does not apply to (i) any proceeding by us under Section 13.4, or (ii) any complaint to the Office of the Australian Information Commissioner under Section 7.8 of the Privacy Policy.

The Terms, and any dispute, claim, or proceeding arising out of or in connection with them or the Service (including any non-contractual obligation), are governed by the laws of the State of Victoria, Australia and the Commonwealth of Australia. Any conflict-of-laws rule that would point to any other law is excluded.

You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia (and the courts of appeal from them) for any dispute, claim, or proceeding arising out of or in connection with the Terms or the Service. You waive any objection to those courts on the ground of inconvenient forum or otherwise. Nothing in this Section 13.3 prevents us from commencing or pursuing any proceeding in any other jurisdiction where we consider it necessary or appropriate to protect our rights or property.

Section 13.1 does not prevent us from seeking, in any court of competent jurisdiction and at any time, interim, interlocutory, urgent, declaratory, or injunctive relief to enforce or protect the Terms, our intellectual property, our confidential information, or our other rights. You agree that damages alone may be an inadequate remedy for breach of Sections 4.5, 5.6–5.10, 7, 8, and 9, and that we may be entitled to injunctive relief in respect of any actual or threatened breach of any such provision, without proof of actual loss and without the requirement to post any security or undertaking as to damages. We may also seek orders for security for costs against you in any proceeding where the law permits.

Nothing in this Section 13 excludes, restricts, or modifies any right you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified, including any right to bring proceedings in any tribunal having jurisdiction conferred by law.

We may amend, replace, restate, supplement, supersede, withdraw, or fork the Terms (and any document incorporated under Section 1.2), in whole or in part, at any time, in our sole and absolute discretion, for any or no reason, with or without notice, and without providing reasons. We may make changes with immediate or retrospective effect (to the maximum extent permitted by law) in response to legal, regulatory, operational, commercial, security, technological, or other developments. We may apply different versions of the Terms to different users, regions, segments, contexts, products, or features at the same time.

We will publish the current version of the Terms at https://paarvay.com/terms and update the effective date when we make substantive changes. That publication is the only notice we are required to give, and notice is deemed received on publication regardless of whether you access the URL, and regardless of any delay or non-delivery caused by your network, ISP, browser, device, CDN, local cache, or any other intermediary. We may, at our discretion, give additional notice for any change (by email, in-app message, banner, sign-in prompt, or otherwise), but we are under no obligation to do so. The display of any banner, prompt, or notice does not pause, suspend, or defer the application of the amended Terms: your continued use of the Service while any such notice is displayed is deemed acceptance. Non-substantive changes may be made without updating the effective date. The English version controls.

A change takes effect immediately upon publication, unless we specify a later effective date. Changes apply prospectively to your use of the Service from the effective date. Any reservation of right, discretion, or operational latitude in a new or amended provision applies to all of your past and existing use, content, recordings, and personal information, and we may rely on the new or amended provision in respect of all such matters from the effective date.

By accessing or using the Service after a change takes effect, you are deemed to accept the Terms as amended, in full, without further act. If you do not accept any change, your sole and exclusive remedy is to stop using the Service and close your account under Section 12.2.

Your past access to and use of the Service is governed by the version of the Terms in force during that access or use, and you are estopped from denying that those Terms applied. Closure does not undo your acceptance during any period of past use, and does not affect any provision intended to survive (Section 12.4).

No user, group of users, or class of use is entitled to grandfathering, exemption, or continued application of any prior version. No course of dealing, conduct, communication, or representation under any prior version of the Terms creates any expectation, estoppel, waiver, or obligation under any current or future version.

We may, in our sole and absolute discretion, identify a change as material and provide more prominent notice. Our characterisation (or non-characterisation) of any change is determined by us alone, is not subject to challenge, and confers no additional right (including any right to object, opt out, or be exempt).

Any challenge, objection, claim, complaint, or proceeding directed at any change must be brought within twelve (12) months of the earlier of (i) the effective date of the change and (ii) the date you first became aware (or ought reasonably to have become aware) of the change. Beyond that period, the change is irrevocable as against you, to the maximum extent permitted by law.

Any public comment, opinion, analysis, summary, or characterisation of the Terms or any change to them by any third party — including press, social-media commentators, advocacy groups, or regulators speaking informally — is not authoritative and does not bind us. Only the Terms themselves govern.

If any change to the Terms (or any provision introduced or amended under this Section 14) is held to be invalid, unenforceable, or excessive by any court, tribunal, or regulator, that change or provision is severed to the minimum extent necessary, and all other changes and the remainder of the Terms continue in full force and effect.

This Section 14 applies to all sections of the Terms, including itself. We may amend Section 14 in accordance with Section 14.

Section 1.5 applies.

If any provision of the Terms is held to be invalid, illegal, unenforceable, or excessive by any court, tribunal, or regulator, that provision is severed to the minimum extent necessary, and the remainder of the Terms continues in full force and effect. We may at our discretion replace any severed provision with a valid provision that achieves the closest commercial effect to the severed one.

No failure or delay by us to exercise any right, power, or remedy under the Terms — including repeated, prolonged, or extended non-enforcement — operates as a waiver, election, or estoppel. No single or partial exercise of any right, power, or remedy precludes any other or further exercise. Any waiver by us is effective only if given in writing and signed by an officer authorised under Section 10.6 of the Privacy Policy, is limited to the specific instance for which it is given, and does not create any expectation or obligation in respect of any other instance.

All rights, powers, and remedies under the Terms are cumulative and in addition to, and not in substitution for, any other right, power, or remedy available at law, in equity, or otherwise. Our exercise (or non-exercise) of any one does not preclude any other.

To you: we may give notice by email to your account email address, by in-app notification, by message in the Service, by banner, by sign-in prompt, by post to the most recent address we hold for you, or by any other means we consider appropriate. Notice is deemed received on dispatch by us, regardless of when (or whether) you actually receive it.

To us: any notice must be sent to support@paarvay.com with a clear subject line and sufficient detail, and is effective only on our receipt.

Section 1.7 applies.

All rights not expressly granted to you in the Terms are reserved. No right, term, duty, condition, warranty, or obligation is conferred on, or owed by, us by implication, custom, course of dealing, course of performance, or otherwise. Without limiting the foregoing, no term of good faith, fair dealing, mutual trust and confidence, fiduciary duty, agency, partnership, joint venture, employment, or other special or implied relationship is implied or owed by us, except to the extent any such term cannot lawfully be excluded.

We may set off, deduct, or apply against any amount payable by us to you any amount you owe us under the Terms or otherwise, in our sole and absolute discretion. You have no right of set-off, deduction, or counterclaim against any amount payable by you to us, and you must pay all amounts payable to us in full, without set-off, counterclaim, withholding, or deduction (other than any deduction required by law).

All amounts payable by you to us under the Terms are exclusive of, and you must pay (or reimburse us for) any GST, withholding tax, bank fees, processing fees, currency-conversion costs, or other charges payable in respect of the payment, so that we receive the full amount free and clear of any deduction.

In the Terms: headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; "including" and "without limitation" do not limit what follows; references to any legislation include amendments, replacements, and instruments made under it from time to time; references to "you" and "we" include each party's successors and permitted assigns; and a rule of construction does not apply to disadvantage any party because that party drafted or relied on the provision.

All amounts in the Terms are in Australian dollars (AUD) unless expressly stated otherwise. All payments must be made in cleared funds in AUD unless we specify another method.

Time is of the essence in respect of all of your obligations under the Terms.

For any matter relating to the Terms, contact us at support@paarvay.com. The Privacy Policy contact provisions (Section 10 of the Privacy Policy) apply to any privacy matter.