Indemnification

7.1 Undertaking

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Authorising Principal, his family, his officers, employees, contractors, volunteers, agents, suppliers, and licensors (the “Indemnified Persons”) from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) (the “Losses”) arising out of or in connection with:

1. Your access to, use of, or inability to use the Site;
2. Your breach of these Terms, our Privacy Policy, or any applicable law in connection with your use of the Site;
3. Any contribution you initiate (including any allegation that the contribution contravenes the Electoral Act 2022 or the Compliance Acts);
4. Your User Content, or any reliance placed by us on a representation you have made;
5. Your infringement or alleged infringement of any third-party right, including any intellectual property right;
6. Any wilful misconduct, gross negligence, or fraud on your part.

7.2 Conduct of claims

Where an Indemnified Person seeks indemnity under Section 7.1, the Authorising Principal will:

• Notify you of the claim in writing without undue delay;
• Permit you, at your election and expense, to assume sole control of the defence and settlement of the claim, provided that:
  1. You acknowledge in writing your indemnity obligation;
  2. You appoint legal counsel of professional standing reasonably acceptable to us;
  3. No settlement imposes any non-financial obligation, admission of liability, criminal allegation, or restriction on the Authorising Principal's political speech or campaign activity, without our prior written consent;
  4. We are entitled to participate in the defence at our own cost using counsel of our own choice.
• Provide reasonable cooperation in the defence, at your reasonable cost.

7.3 Reservation of rights

The Authorising Principal reserves the right, at his own expense, to assume the exclusive defence and control of any matter for which you have agreed to indemnify the Indemnified Persons. You agree to cooperate in any such defence. In such event, you will not be required to indemnify the Indemnified Persons for any settlement entered into without your prior written consent (such consent not to be unreasonably withheld).

7.4 Politically-motivated claims

Without limiting the generality of Section 7.1, the indemnity expressly extends to any claim, complaint, petition, or proceeding brought by:

• A political opponent or any party associated with a political opponent;
• Any person making a claim in furtherance of, or as a result of, conduct by you that breaches Sections 4 (Acceptable conduct) or 5 (Intellectual property);
• A regulator pursuing a complaint that arises from or is materially connected with your breach of these Terms or applicable law;
• Any person that publishes synthetic media in breach of Sections 4.2(18) or 5.5, where you assisted, encouraged, or facilitated the publication.

7.5 Survival

This Section 7 survives termination of your access to the Site and continues for as long as a claim arising from your use of the Site or any contribution may, under applicable law, be brought.