48 Hour Challenge T&C’s

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1. 1.     Terms and Conditions – 48 hour challenge services

1. These Terms and Conditions govern the provision of 48 hour challenge services to you by Placanica Pty Ltd (ABN 55 120 961 346) (Placanica, we, us or our).
2. Your acceptance of the 48 hour challenge services constitutes acceptance of these Terms and Conditions.
3. These Terms and Conditions supplement the Placanica website Terms and Conditions, Privacy Policy and any other agreement between us.
4. We may at any time, in our sole discretion, amend, vary or modify these Terms and Conditions without notice.

1. 2.     48 hour challenge services

1. Subject to these Terms and Conditions, we will provide the following services:
   • at no cost to you, we will, for a maximum of 1 hour, talk to your representative to ascertain and determine if the 48 hour unresolved challenge services will be of benefit to you;
   • If so, we will provide you with an initial proposal and agreement for our 48 hour challenge service which will include: interviews with up to 8 executives nominated by you for up to 1hr each during the 24 hour period from the date of your acceptance of our proposal; in the following 24 hour period, a report of our appraisal of your challenge and deliver this to you within a further 24 hour period.
2. Our provision of the services within these timeframes is dependent on you:
   • making available the interviewees at the times and places agreed with us;
   • responding promptly to any reasonable requests made by us in respect of the services.  
3. Any services outside the scope of Clause 2(a) will require and be subject to a revised proposal and agreement between us.
4. You agree that all information you provide to us:
   • is accurate, complete and not misleading or deceptive in any way;
   • complies with all applicable laws; and
   • is not offensive, obscene or defamatory and will not result in any claim being made against us by any person.
5. You indemnify us from and against any losses or claims arising out of or in connection with:
   • any information you provide to us that we may rely upon; or
   • your use of our services.
6. We may, in our discretion and without liability to you, terminate or suspend the 48 hour challenge services at any time.

1. 3.     Privacy

1. Any personal information received by us during the provision of the 48 hour challenge services will be collected and disclosed in accordance with Placanica’s Privacy Policy (as updated from time to time and availablehere).

1. 4.     Confidentiality

1. Except as required by law, we will not use or disclose confidential information concerning you without your prior written consent.  

1. 5.     Disclaimer and Liability

1. To the extent permitted by law:
   • we expressly exclude all conditions and warranties (including warranties as to merchantability, non-infringement of intellectual property or any other rights or fitness for a particular purpose), guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law in relation to any information or materials provided to you by us; and
   • we are not liable for any consequential losses (including any loss of revenue or profits, loss of anticipated savings, loss of data, loss of value of equipment, any penalties or fines imposed by a regulator and any loss that is indirect loss) that you suffer or for any costs, damages, expenses, loss or charges that you incur as a result of your use of any information or materials provided to you by us.

1. 6.     Intellectual Property

1. Intellectual property rights in the content contained in any report provided by us is owned by Placanica, and we grant you a non-transferable, revocable, royalty free, limited license to use the report for non-commercial purposes. You may not reproduce or modify any content contained in a report without our written consent.

1. 7.     Governing Law

1. The laws of the State of New South Wales, Australia govern these Terms and Conditions and any agreement formed under them. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.

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