Non-disclosure agreements (NDAs) form a confidential relationship between parties who share sensitive information. A well-drafted NDA can protect sensitive information from being shared with others without your consent. Without NDAs, any information shared can be taken advantage of or publicly disclosed.
Think about these considerations the next time you read an NDA to ensure you protect your best interests:
Make sure the purpose of the agreement is clearly understood and defined. Consider what is the permitted use of the information and how long you are expected to keep it secret. Otherwise, the other party could use your information for their own benefit or you are expected to keep information private for years.
It is important to specify the kinds of information you want to protect or exclude from protection under this agreement and make sure that it is included in your definition of confidentiality. Otherwise, your discussions may not be legally protected or you risk accidentally breaching the agreement.
Pay attention to the consequences of breaching the agreement and avoid any extreme penalties such as liquidated damages or indemnities. Otherwise, you may be facing an expensive legal bill.
Your personal information will be collected and held by McCarthyFinch.
We may ask you to provide certain personal information including your name and contact details (including your email address, phone number and/or address) when you register to use or access our products/services.
When you use our website we may collect information that is sent to us by your computer, mobile device or other access device. The information that is sent to us may include your computer IP address, referral URL, geo-location and data about the webpages that you access.
We may disclose your personal information to:
We do not collect or store any payment card details. Where we offer an online payment processing service through our website, we use a Payment Card Industry Data Security Standard compliant hosted payment service to process any payment card transactions. Your payment card details will only be collected and held securely by that third party payment processor.
Although we take reasonable steps to ensure personal information in our possession is protected and held securely, we do not make any warranties in relation to the security of any information you disclose or transmit to us and we are not responsible for the theft, destruction, or inadvertent disclosure of your personal information where our security measures have been breached.
To the extent that you are a European Union data subject for the purposes of the General Data Protection Regulation (“GDPR”) and/or you provide us with personal information relating to a European Union data subject in connection with the use of our products/services, we will comply with our obligations under the GDPR in respect of the collection, use and processing of that personal information.
Check This Contract and this website (Site) is owned by MEGV LP trading as McCarthyFinch (referred to as McCarthyFinch, we, our or us). These Terms apply to you when you are using or accessing Check This Contract and govern your use of the Site and access to Check This Contract. By registering your details on the Site and using Check This Contract, you agree to be bound by these Terms.
You will need to confirm that you have read and understood the following information prior to being granted access to Check This Contract:
We provide the platform for you to register your details, read the terms and conditions of use and access, free of charge, Check This Contract. This will allow you to upload a contract and use Check This Contract features to complete an automated review of the terms of that contract.
Check This Contract uses artificial intelligence to classify sections of your contract and will provide you with commentary explaining why certain sections might be relevant and included within your contract. Check This Contract may also make suggestions for sections that might be missing from your contract.
Any report or output provided to you by Check This Contract is intended for your information only. It is not a substitute for legal advice and should be used as a guide with respect to the general commercial position set out in the contract you submit. The intention of Check This Contract is not to provide specific or targeted legal or commercial advice to Users in any specific industry or jurisdiction, and should not in any circumstances be used as a replacement for seeking advice from qualified advisors in respect of the terms of your particular contract.
McCarthyFinch is not a law firm and cannot provide legal advice. Your use of Check This Contract and any reliance you place on the information provided is your sole risk and responsibility. You should always exercise care before entering into any legally binding contract or arrangement and consult with a lawyer if you are unsure about your specific circumstances.
Use of Check This Contract allows us to collect and store contracts uploaded by the User and to process data embodied in these documents to provide Check This Contract’s automated review. We will also analyse the way users use and communicate through the Site so that we can optimise the site and the service.
McCarthyFinch grants you access to, and use of, Check This Contract subject to and in accordance with these Terms.
In these Terms, the following expressions have the meanings set out below:
In these Terms:
You must register as a User each time you wish to access and use Check This Contract. You may only register as a User if you:
You acknowledge that McCarthyFinch (and/or its suppliers and licensors) own all Intellectual Property Rights in and to Check This Contract, the Technology the software and other material, underlying and forming part of Check This Contract.
McCarthyFinch reserves all right, title and interest not expressly granted under these Terms to the fullest extent possible under applicable laws. In particular, you acknowledge that nothing in these Terms shall grant you any rights to the Technology or any improvements in or to the Technology, including any right to access and/or use the Technology.
You acknowledge and agree that any improvement, modification or development of the Technology arrived at through your access to and/or use of Check This Contract or otherwise will be owned exclusively by McCarthyFinch (New IP). New IP shall also include any feedback provided by you that is related to Check This Contract, or the Technology. If any New IP vests in or is owned by you, you hereby assign all right, title and interest in and to those Intellectual Property Rights to McCarthyFinch, and shall do all such acts and execute such documents as may be necessary to vest all New IP in McCarthyFinch.
You hereby grant McCarthyFinch a non-exclusive, irrevocable, perpetual, royalty free license to use User Content, without limit in time, solely for the purpose of developing, improving, using and commercialising the Technology. You warrant and represent that you have full rights and authority to grant the licence set out in this clause.
When you use Check This Contract, you agree that you will:
Comply at all times with:
You confirm that in providing or uploading User Content for analysis by Check This Contract:
If you are a “consumer” for the purposes of the Consumer Guarantees Act 1993, nothing in these Terms will limit or affect your rights and/or remedies under the Consumer Guarantees Act 1993.
You acknowledge and confirm that McCarthyFinch is not a law firm and you are not seeking legal advice through use of the Check This Contract. Check This Contract is an automated drafting and reviewing tool, not a legal service, and the Documentation does not constitute legal advice.
You acknowledge that your use of the Check This Contract and reliance on the Documentation is entirely at your own risk. You are solely responsible for the actions and omissions you take in reliance of the information available on or accessed through Check This Contract and Documentation.
You acknowledge that Check This Contract is provided on an “as is” “with all faults” “as available” basis. McCarthyFinch does not:
Unless the consumer guarantees act applies, McCarthyFinch will not be liable for any indirect, consequential loss or special damages, loss of profit or any costs, expenses or other claims whatsoever for any consequential compensation which arise out of, or in connection with any breach of contract (being these Terms), equity, common law, statutory duty or by reason of any representation, implied warranty or other condition.
Under no circumstance will McCarthyFinch be liable to any third party for any loss, cost, damages, compensation or any other claim whatsoever arising out of or in relation to your use of Check This Contract, any actions you take in reliance on the information available on or accessed through Check This Contract or Documentation, or otherwise in connection with the performance or non-performance of your obligations under these Terms.
Where we consider that your usage of Check This Contract is excessive or unreasonable, including where such usage exceeds estimated usage patterns or is inconsistent with normal usage patterns:
You will indemnify McCarthyFinch from and against any loss, cost, damage or expense of any nature whatsoever suffered or incurred by McCarthyFinch arising out of:
Without limiting the foregoing, McCarthyFinch may terminate, suspend or modify a User’s use of Check This Contract in the following circumstances:
As part of any McCarthyFinch compliance program (to manage compliance with these Terms and any law or requirement by any authority), McCarthyFinch reserves the right to:
We may update these Terms from time to time. We will allow you to confirm your agreement to these Terms each time you use Check This Contract.
If McCarthyFinch does not exercise or enforce any rights available to McCarthyFinch under these Terms that does not constitute a waiver of those rights.
You may not assign, transfer and/or subcontract any of your rights under these Terms.
If any provision contained in these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired.
Neither party shall be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, Government orders, failure of suppliers, fires, floods or earthquakes.
These Terms are governed by New Zealand law, and the parties agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.
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