Terms & Conditions

 

In these terms and conditions, “we” “us” and “our” refers to FlexCareers Pty Ltd (ACN 603 858 706).

These terms and conditions, as amended from time to time, are the terms and conditions for your use of our website and associated online channels (Website) and your use of our freelancer marketplace (Service) to:

·       find freelance consultants who are registered on our Website for short or long term placements (Consultants); or

·       find freelance opportunities with hiring organisations (Companies).

By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions for our flexcareers pro freelancer marketplace (Terms).  These Terms are in addition to our terms at https://www.flexcareers.com.au/pages/terms-of-use in relation to our FlexCareers website.

1.         Use of the Website

1.1      You must use the Website in accordance with these Terms.  By using the Website you warrant that you are over 18 and legally capable of entering into a binding contract.

1.2      You are solely responsible and liable for all activity and communication on the Website initiated by yourself or via your registered account login (your Account).

1.3      You must not use the Website for any unlawful purpose, use the Website to engage in any offensive conduct or breach of a third party’s intellectual property rights or interfere with the Website’s operation or security.

1.4      You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.

1.5      If you use a workplace email address or facilities for your Account or to access the Website, then you are solely responsible for ensuring that you comply with your workplace rules.

1.6      You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.

1.7      As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke your Account. 

1.8      We may change the Website and the Service from time to time at our discretion. 

2.         Use of the Service – for Companies

2.1      As a Company, you may use our Service to identify potential Consultants for positions that you wish to fill and you may also post jobs on the Website.

2.2      Information about Consultants is provided “as is” based directly on the information provided to us by the applicable Consultant.  We do not check the skills, qualifications or capability of any Consultant, nor that they hold any required licences or insurances.  We are not responsible for the accuracy or completeness of any information provided by any Consultant.

2.3      When you identify a potential Consultant through our Service, you acknowledge that you are responsible for any interview, background checks or security checks and that any resulting contract is made directly with the Consultant.  We are not a party to that contract and disclaim any responsibility for the Consultant’s performance. 

2.4      You are responsible for all payments to and in respect of your engagement of the Consultant, including payments, entitlements, benefits, insurance and workers’ compensation, and indemnify us against any claim in relation to your engagement of the Consultant. 

2.5      When you post jobs on the Website for Consultants to respond to, you warrant that the information contained in the job posting is accurate, not misleading, not defamatory, does not infringe third party intellectual property rights, is not discriminatory and complies with all applicable laws. 

2.6      It is your responsibility to provide accurate details to the Consultant including date, time, venue, and responsibilities.

2.7      We may also include a function for you to provide a rating (with or without comments) for Consultants you have engaged.  If you use the rating, you warrant that the information you provide is accurate, not misleading, not defamatory, does not infringe third party intellectual property rights, is not discriminatory and complies with all applicable laws. 

2.8      We may also include a function for Consultants to provide a rating (with or without comments) for you.  You acknowledge that we are not responsible for the content of any material submitted by Consultants in the rating function or for the rating that you receive, and you accept the risk that the rating or comments may be unfavourable.

3.         Use of the Service – for Consultants

3.1      As a Consultant, you may use our Service to respond to jobs posted by Companies.

3.2      In the future we may add the ability for you to post profile information on our Website.  If so, it is your responsibility to ensure that your profile is up to date.  You acknowledge that all details in your profile may be viewed by potential Companies and other website users.

3.3      If you submit profile information on the Website for Companies to review, you warrant that the information is accurate, not misleading, not defamatory, does not infringe third party intellectual property rights, is not discriminatory and complies with all applicable laws.  

3.4      Information in Company job postings is provided “as is” based directly on the information provided to us by the applicable Company.  We do not check and are not responsible for the accuracy or completeness of any information provided by a Company.

3.5      When a Company engages you, you acknowledge that any resulting contract is made directly with the Company.  We are not a party to that contract and disclaim any responsibility for the Company’s performance of the Contract including any payment obligations.

3.6      You are responsible for obtaining and maintaining insurance at appropriate levels to cover any potential liability you may have in relation to your business and your contract with the Company.

3.7      You are responsible for ensuring that you have all necessary licences, permits and authorisations in relation to your business and to permit you to perform your contract with the Company.

3.8      We may also include a function for you to provide a rating (with or without comments) for Companies you have worked for.  If you use the rating, you warrant that the information you provide is accurate, not misleading, not defamatory, does not infringe third party intellectual property rights, is not discriminatory and complies with all applicable laws. 

3.9      We may also include a function for Companies to provide a rating (with or without comments) for you.  You acknowledge that we are not responsible for the content of any material submitted by Companies in the rating function or for the rating that you receive, and you accept the risk that the rating or comments may be unfavourable.

4.         Information on the Website

4.1      The Website may contain links to or advertisements from other third party websites.

4.2      We do not endorse the content of these advertisements or websites nor provide any warranties regarding the accuracy of their content.

5.         Orders & payments

5.1      As a Company, when you decide to engage a Consultant, you will make payment for the Consultant’s engagement through our payment system, and you agree to insert FlexCareers as payment agent for all fees payable between The Company and The Consultant.  It is your responsibility to provide accurate payment information and we will not accept responsibility for issues arising from your provision of incorrect details, such as incorrect delivery or incorrect payment information.

5.2      You authorise us to process the payment for your order when you place it. 

5.3      If we incur an expense due to your provision of incorrect payment information, we may seek reimbursement for that expense.  

5.4      We use PayPal and invoicing to process your payments.  Where PayPal is used, no credit card details are processed or stored by us.  If you provide credit card details to us, we will handle them in accordance with our Privacy Policy.

5.5      If we are unable to successfully process a payment, then we may either give you an opportunity to update your payment details or notify you of the unsuccessful payment and cancel your order.

5.6      If you wish to cancel or reschedule a job, you must do so 14 days before the scheduled start date.  If you cancel a job after that date, the Consultant may be entitled to a cancellation fee in accordance with the terms of the contract between the Consultant and you.

5.7      We reserve the right to reject an order for any reason.  If an order is rejected, you will be notified and a full refund provided to the account, the details of which you have provided.

5.8      Your payment will be held until the Consultant notifies us that the job has been performed.  We will then release the payment, less our commission (including any GST amount applicable to our commission), to the Consultant.

5.9      Prices quoted by Consultants must be in Australian dollars and include any applicable taxes. 

5.10     Commission rates will be set at 15% unless otherwise agreed in writing. FlexCareers reserves the right to change this rate at our discretion without prior notification.

By way of example, if the Consultant and the Company agree a fee for services of $100, then the Company agrees to pay FlexCareers $100 + GST. Once the funds are received by FlexCareers, FlexCareers will then pay the Consultant $85 + GST.

5.11   As a Consultant, you agree to insert FlexCareers as Payment Agent between the Company and yourself. You acknowledge that FlexCareers will deduct a commission from any payments between the Company and yourself as set out in clause 5.10. FlexCareers agrees to pay you the amount agreed between yourself and the Company, less any commission, within 7 days of FlexCareer's own receipt of funds from the Company.

6.         Disputes

6.1      We do not accept any responsibility for any quality issues, non-performance, inadequate performance or other issues in relation to the Consultant’s performance of the job.  Companies must raise any such issues with the Consultant and seek any refund, resupply or other compensation directly from the Consultant under the contract with the Consultant.

6.2      In the case of any dispute or difference arising in relation to these Terms (Dispute), the Dispute will first be discussed between you and us.  If we cannot jointly resolve the Dispute within 10 business days, the Dispute will be referred, at the request of either party, for mediation in accordance with the rules and procedures of the Australian Commercial Disputes Centre (ACDC), by a mediator appointed by the ACDC.

6.3      Each party must continue to perform its obligations during the period of any Dispute, except to the extent prevented by the nature of the Dispute.

6.4      Each party must bear its own costs of the mediation.

6.5      A party must not commence any proceedings, other than an application for urgent interlocutory relief, until it has complied with the provisions of this clause 6.

7.         Privacy and personal information

7.1      Personal information that you provide to us is treated in accordance with our Privacy Policy at https://www.flexcareers.com.au/pages/privacy-policy. 

8.         Liability

8.1      You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party intellectual property rights.

8.2      To the extent permitted by law and except as set out in these Terms, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of this Website or the Service.  We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code.

8.3      To the extent permitted by law we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose.  You acknowledge that the Website is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website or Service for any purpose.

8.4      To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, negligence or otherwise unless that loss arises as a result of our own negligence or wilful misconduct.

8.5      Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage.  This reduction applies whether our liability is in contract, negligence or otherwise.

9.         Australia-specific terms

9.1      Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law.  You have rights under the Australian Consumer Law for major and minor failures.  In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the service.  For a minor failure, we may choose to provide you with a refund or re-supply the Service.

9.2      To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.

9.3      The type of remedy we will offer you may vary depending on how long it takes you to make a claim.

10.      Terms for users outside Australia

10.1  These Terms take effect to the fullest extent permitted by law in the applicable jurisdiction. 

11.      Intellectual property

11.1  The contents of the Website are the intellectual property of us and our licensors, and you must not copy or reproduce them.

11.2  Any third party trade marks included in the Website are subject to the rights of the third party and remain the intellectual property of the third party.

11.3  When you provide any content to the Website, such as a profile or job posting, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so.  You warrant that you have the right to provide this licence and consent in relation to all such content.

12.      General

12.1  These Terms will be governed by and construed in accordance with the laws in New South Wales, Australia.  By using our Website and accepting these Terms you agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.

12.2  If any provision of this agreement is found to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, that provision is deemed to be omitted without affecting the remaining provisions, which will continue in full force and effect.

12.3  These Terms may be updated from time to time.  You should check the Website for any changes.