Welcome to Shepherd, your platform for connecting businesses with top-tier fractional talent. Shepherd ("we," "us," or "our") operates the platform (the "Platform"), and these Terms of Service ("Terms") govern your use of the Platform. Whether you are a business seeking talent or a fractional expert offering your services, by accessing or using Shepherd, you agree to be bound by these Terms. If you do not agree, please refrain from using Shepherd.

1.1 Our Platform: Shepherd is a curated marketplace that connects businesses ("Users") with fractional experts ("Talent Providers"). We are committed to helping businesses scale and thrive by offering access to experienced, flexible talent across various domains.

1.2 Account Creation: To use Shepherd, you must create an account ("Account"). You' are responsible for maintaining your login credentials and ensuring that all actions performed through your Account are legitimate. If you detect any suspicious activity, notify us immediately.

1.3 Eligibility: You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you meet this requirement.

2.1 Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Shepherd does not accept any liability or responsibility in respect of the accuracy of information provided by Users or Talent Providers (or in respect of reliance on such information).

2.2 Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Platform and in the relationship between Users and Talent Providers.

3.1 Service Delivery: Talent Providers agree to deliver services as outlined in the Statement of Work (SOW) agreed upon with Users.

3.2 Professional Conduct: Talent Providers must maintain professional standards and adhere to industry best practices while providing services to the Users

4.1 Your Content: By submitting content to Shepherd, you grant us a global, royalty-free, non-exclusive license to use, share, modify, and promote your content within the Platform's ecosystem.

4.2 Our Platform Content: All Platform Content belongs to us or is licensed to us. You agree not to duplicate, distribute, modify, or exploit our Platform Content without our prior written approval.

4.3 Intellectual Property Infringement: If you believe your intellectual property rights have been infringed, please contact us at legal@shepherd.com.au with details of the alleged infringement.

5.1 Privacy Policy: Our Privacy Policy details how we collect, store, and protect your data. By using the Platform, you agree to our data handling practices as outlined in our Privacy Policy.

5.2 Data Usage: We collect essential information about you as described in our Privacy Policy. We adhere to Australian privacy laws and regulations to protect your personal data.

6.1 Talent Profiles: While we strive for the highest standards in our vetting process, we do not guarantee the availability, reliability, or suitability of any Talent Provider. Users are responsible for evaluating Talent Providers and determining their fit for their specific needs.

6.2 Transactions and Payments: The rate for Talent Providers is agreed upon between Users and Talent Providers and outlined in the SOW. Shepherd charges a service fee for facilitating transactions on the Platform.

6.3 Payment Terms: Users agree to pay for services as specified in the SOW. Payments are processed through Shepherd’s secure payment system. Refunds are subject to our Refund Policy.

Users and Talent Providers agree not to:

7.1 Violate any laws or regulations.
7.2 Interfere with the Platform's functionality or other users' experience.
7.3 Misrepresent themselves or their qualifications.
7.4 Post inappropriate, defamatory, abusive, or discriminatory content.
7.5 Share confidential information without proper authorisation.

8.1 Content Monitoring: Shepherd reserves the right to review and moderate content posted on the Platform.

8.2 Account Suspension or Termination: We may suspend or terminate your access to Shepherd at any time and without previous notice for violations of these Terms.

9.1 Platform as-is: Shepherd provides access to information relating to Talent Providers (and content relating to their qualifications, experience, etc) on an "as-is" and "as-available" basis. Shepherd does guarantee or accept any responsibility/liability for the accuracy of the information provided within the Platform. 

9.2 Limitation of Liability: To the extent permitted by law, Shepherd and its affiliates do not accept any liability or responsibility for any indirect, incidental, special, or consequential damages arising out of your use of the Platform or anything that occurs in the context of interactions between Users and Talent Providers.

You agree to indemnify and hold Shepherd harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms or your use of the Platform.

Any disputes arising from the use of Shepherd will first be subject to good-faith negotiation. If unresolved, disputes will be submitted to mediation in New South Wales, Australia.

Shepherd may update these Terms from time to time. We'll notify you of significant changes, and continued use of the Platform after updates will constitute your acceptance of the revised Terms.

These Terms are governed by the laws of New South Wales, Australia. Any legal actions related to the Platform will be subject to the exclusive jurisdiction of the courts of New South Wales.

14.1 Force Majeure: Neither party shall be liable for delays caused by events beyond their reasonable control.

14.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 Entire Agreement: These Terms constitute the entire agreement between you and Shepherd regarding the use of the Platform.

14.4 Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights to any of our affiliates or in the event of a merger or acquisition.

If you have any questions about this Privacy Policy, please contact us at:

Email: legal@heyshepherd.com
Mailing Address: Level 1, 6 The Corso Manly NSW 2095 Australia