Terms of Use

1. About Pear

Pear is a three-sided marketplace that connects clients seeking consulting services with independent consultants and boutique consulting firms. We use AI-powered matching with human verification to facilitate these connections.

Pear acts as an intermediary platform. We do not provide consulting services directly, and we are not a party to any engagement between clients and consultants or boutique firms unless expressly stated.

2. Eligibility and Registration

Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• For businesses: be authorised to act on behalf of your organisation

Account Registration

When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorised access
• Accept responsibility for all activity under your account

3. User Types and Responsibilities

Independent Consultants

By registering as an independent consultant, you represent and warrant that:

• All information in your profile is accurate and not misleading
• You hold the qualifications, experience, and certifications you claim
• You have the right to work in the relevant jurisdictions
• You maintain appropriate professional indemnity insurance
• You will comply with all applicable laws and professional standards

Boutique Consulting Firms

By registering as a boutique firm, you represent and warrant that:

• You are authorised to act on behalf of the firm
• Your firm is validly registered and in good standing
• Information about your capabilities and team is accurate
• You will ensure your personnel comply with these Terms

Clients

By registering as a client, you represent and warrant that:

• You are authorised to procure services on behalf of your organisation
• Project requirements and budgets are provided in good faith
• You will provide fair and accurate feedback

4. Platform Services

Discovery and Matching

Pear provides AI-powered tools to help:

• Clients articulate their needs and generate RFPs/job descriptions
• Match clients with suitable consultants and boutique firms
• Facilitate shortlisting and selection processes

Matches are recommendations only. You are responsible for your own due diligence before entering any engagement.

Contracting and Procurement

Pear offers contracting templates and procurement pathways to facilitate engagements. These are provided as a convenience. You are responsible for ensuring contracts meet your specific requirements and obtaining independent legal advice where appropriate.

Quality Assurance

Pear may offer QA overlay services including kickoff checks, midpoint reviews, and close-out assessments. Participation in QA processes may be required for certain engagement types.

Referral and Verification Services

Pear provides verified referral services for consultants. Verification involves human confirmation of referee feedback. Verified credentials are Pear's assessment based on information provided and are not guarantees of future performance.

5. Fees and Payment

Platform Fees

Clients: Pay a percentage of total engagement fees as specified at the time of engagement, or subscription fees for regular users.

Boutique Firms: Pay flat fees on successful project appointments facilitated through Pear.

Independent Consultants: No joining fees or take rate on earnings during MVP phase. Future fee structures will be communicated in advance.

Referral Credits

Boutique firms that bring clients to Pear may earn referral credits when related work is facilitated through the Platform, subject to our referral programme terms.

Payment Terms

All fees are quoted in Australian dollars and are exclusive of GST unless stated otherwise. Payment terms are specified at the time of engagement or in separate commercial agreements.

6. Intellectual Property

Pear's Intellectual Property

The Platform, including its design, features, content, and underlying technology, is owned by Pear or its licensors. You may not copy, modify, distribute, sell, or lease any part of the Platform without our written permission.

Your Content

You retain ownership of content you submit to the Platform ("Your Content"). By submitting content, you grant Pear a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display Your Content for the purpose of operating and improving the Platform.

You represent that you have all necessary rights to submit Your Content and that it does not infringe any third party's rights.

Feedback

Any feedback, suggestions, or ideas you provide about the Platform may be used by Pear without obligation to you.

7. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose
• Provide false, misleading, or inaccurate information
• Impersonate any person or entity
• Circumvent the Platform to avoid fees or engage directly with parties met through Pear without proper attribution
• Interfere with or disrupt the Platform's operation
• Attempt to gain unauthorised access to any systems
• Scrape, harvest, or collect data from the Platform
• Use the Platform to spam, harass, or harm others
• Upload malicious code or content
• Violate any applicable laws or regulations

8. Disintermediation

Pear invests significant resources in facilitating connections between clients, consultants, and boutique firms. You agree that:

• For 12 months after being introduced through Pear, any engagement with that party should be facilitated through the Platform
• Attempting to circumvent Pear to avoid fees is a material breach of these Terms
• Pear may pursue fees that would have been payable had the engagement been conducted through the Platform

This does not apply to parties with whom you had a pre-existing relationship before the Pear introduction.

9. Disclaimers

Platform Provided "As Is"

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Pear disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantee of Results

Pear does not guarantee:

• The accuracy or completeness of any information on the Platform
• The quality, suitability, or reliability of any consultant, boutique firm, or client
• The outcome of any engagement facilitated through the Platform
• Continuous, uninterrupted, or secure access to the Platform

Third Party Services

The Platform may integrate with or link to third party services. Pear is not responsible for any third party services and your use of them is at your own risk.

10. Limitation of Liability

To the maximum extent permitted by Australian law:

• Pear's total liability for any claims arising from these Terms or your use of the Platform is limited to the fees you paid to Pear in the 12 months preceding the claim, or AUD $1,000, whichever is greater
• Pear is not liable for any indirect, incidental, special, consequential, or punitive damages
• Pear is not liable for any loss of profits, revenue, data, or business opportunities

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

11. Indemnification

You agree to indemnify and hold harmless Pear, its directors, officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third party rights
• Any content you submit to the Platform
• Any engagement you enter into through the Platform

12. Independent Contractor Relationship

Consultants and boutique firms using the Platform are independent contractors, not employees of Pear or of the clients they serve through the Platform. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between:

• Pear and any consultant or boutique firm
• Pear and any client
• Consultants/boutique firms and their clients (unless separately agreed between those parties)

Consultants and boutique firms are responsible for their own tax obligations, superannuation, insurance, and compliance with applicable laws including the Independent Contractors Act 2006 (Cth) and Fair Work Act 2009 (Cth).

13. Disputes Between Users

Pear provides a platform for connections but is not a party to engagements between users. Disputes between clients, consultants, and boutique firms should be resolved directly between the parties.

Dispute Resolution Process

If you have a dispute with another user:

• First, attempt to resolve the matter directly with the other party
• If unresolved, you may request Pear's assistance in facilitating a resolution
• Pear may, at its discretion, offer mediation assistance but is not obligated to do so
• For disputes that cannot be resolved informally, parties should seek independent legal advice

Pear is not liable for any disputes between users or the outcomes of any engagements.

14. Termination

By You

You may close your account at any time by contacting us. Closing your account does not relieve you of obligations incurred before termination.

By Pear

We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Reasons for termination may include violation of these Terms, fraudulent activity, or inactivity.

Effect of Termination

Upon termination:

• Your right to use the Platform ceases immediately
• We may delete your account and data, subject to legal retention requirements
• Provisions that by their nature should survive termination will survive

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting on the Platform or by email. Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms.

16. General Provisions

Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into, constitute the entire agreement between you and Pear.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment

You may not assign your rights under these Terms without our consent. Pear may assign its rights without restriction.

Notices

Notices to you may be sent to the email address associated with your account. Notices to Pear should be sent to hello@pear.it.com.

17. Contact Us

If you have questions about these Terms, please contact us: