Section 01
About
Understanding ChallengeFairWork, its purpose, independence, and the scope of the Service.
ChallengeFairWork is an AI powered platform designed to assist self-represented applicants in preparing, organizing, and managing their workplace Challenge before the Fair Work Commission. It is independent and is not affiliated with the Fair Work Commission, Fair Work Ombudsman, the Australian Government, any court or any law firm.
The Service is intended principally for persons dealing with Australian employment and Fair Work matters. It is not designed to provide legal information about another country.
These terms of services apply to your use of services of Challenge Fair Work. This Agreement constitutes a complete and legally binding agreement between each user who accesses, registers for, logs into, or uses the Service and Challenge Fair Work.
Section 02
Registration and Access
Requirements for creating, maintaining, and using your ChallengeFairWork account.
You must meet the minimum age requirements applicable to your employment under the workplace laws of the Australian state or territory in which you work. You must provide accurate, lawful and complete information to register for an account to use our Services. You must properly safeguard your account credentials. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account.
By voluntarily accessing, registering for, paying for, and using the Service, you are deemed to have independently evaluated and completed all compliance obligations in your jurisdiction relating to subscription, AI use, personal information processing and similar matters.
Section 03
Subscriber Responsibility
You agree to use the Service only for lawful, compliant, proper purposes permitted by this Agreement.
- provide information that is accurate and complete to the best of your knowledge;
- promptly correct information that you discover is wrong;
- not deliberately mislead the service or manipulate it to create a false account;
- review extracted information and use the Verification statuses honestly;
- review every Generated Output before reliance;
- verify legal authorities and quotations;
- verify deadlines independently;
- comply with FWC forms, Rules, directions, orders and filing requirements;
- maintain your own copies of important Documents and final outputs;
- preserve original evidence and not alter, fabricate, backdate or destroy evidence;
- retain the surrounding context of messages, emails and extracts where relevant;
- ensure that you have lawful authority to upload, process and disclose Documents;
- protect your credentials and devices;
- notify us of a material extraction, citation or deadline error so that we can investigate; and
- use the Service only for lawful purposes.
Section 04
No Legal Advice
Challenge Fair Work is not a law firm. It does not provide any legal advice nor in any capacity act as your representation or paid agent.
- nothing produced by the platform constitutes legal advice.
- AI generated content should never be interpreted as professional legal advice or representation.
Section 05
AI Operations and Limitations
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. The Service uses AI. AI systems generate probabilistic results and may produce plausible-sounding but incorrect output. AI does not independently observe events, assess witness credibility or determine Challenged facts.
When you use our services, you understand and agree to:
- you must remain responsible for reviewing all generated material.
- you must evaluate Output for accuracy and appropriateness for your use case.
- every document should be carefully reviewed before submission.
- artificial Intelligence assists with formatting, drafting and organising your information.
- although every effort is made to improve quality, AI may produce inaccurate or incomplete information.
Section 06
AI Training and Model Improvement
We may use specified User Data for the model-improvement purpose described at the point of collection only where:
- you have made a separate, informed and affirmative choice;
- the data categories and purpose are clearly identified;
- participation is not a condition of receiving the core paid Service unless objectively necessary and prominently disclosed;
- you can withdraw prospectively; and
- the use is otherwise lawful.
Section 07
Ownership of User Documents and Processing License
As between you and us, you retain your rights in User Data and Documents.
We do not acquire ownership of your employment contract, evidence, messages, correspondence or other uploaded Documents merely because you use the Service.
You grant us a non-exclusive, worldwide, royalty-free license for the period reasonably required to provide the Service to:
- host, store, back up and transmit User Data;
- reproduce and convert Documents;
- perform OCR, indexing, extraction, classification and search;
- create embeddings or other technical representations;
- generate and display Extracted Information and Generated Output;
- enable collaboration authorized by you;
- provide support, maintain security and investigate errors;
- prevent misuse;
- comply with law and legally binding process; and
- carry out the selected model-improvement.
The license does not permit us to sell your Case Documents as a data product.
Section 08
Intellectual Property
How rights in our materials and your data are allocated.
We and our licensors retain rights in the Company Materials.
You retain your rights in User Data, subject to the processing licence in clause.
As between you and us, and subject to Company Materials and third-party rights, you may use Generated Output for any lawful purpose connected with your Case.
Section 09
Termination and Suspension
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
- you breached these Terms or our Usage Policies.
- we must do so to comply with the law.
- your use of our Services could cause risk or harm to Challenge Fair Work, public good, our users, or anyone else.
Section 10
Limitation of Liability
Neither we nor any of our affiliates will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages.
To the extent permitted by law, a party is responsible only for loss to the extent caused by its breach, negligence or other legally actionable conduct.
Our liability may be reduced to the extent loss was caused or contributed to by:
- inaccurate or incomplete User Data;
- deliberate misuse;
- failure to review a clearly marked draft;
- failure to follow a prominent verification warning;
- unauthorised disclosure by the User;
- failure to maintain reasonable Account security; or
- use outside the documented scope.