The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
- Your warranties
You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site
- Licence to use the Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.
- Prohibited Conduct
You must not:
- Use the Site for any activities, or to post or transmit any material from the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that infringes the intellectual property or other rights of any person;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that defames, harasses, threatens, menaces, offends or restricts any person;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
- that would bring us, or the Site, into disrepute.
- Interfere with or inhibit any user from using the Site;
- Use the Site to send unsolicited email messages;
- Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
- Facilitate or assist another person to do any of the above acts.
- Copyright and Intellectual Property Rights:
Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site, including but not limited to copyright which subsists in the eBook “Top 30 Business Books You Need As a Freelancer” (EBook).
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You must not breach any copyright or intellectual property rights connected with this Site. This includes but is not limited to:
- altering or modifying any of the code or the material on the Site;
- causing any of the material on the Site to be framed or embedded in another website;
- creating derivative works from the content of the Site; or
- using our Site for commercial purposes.
You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:
- you must make no alterations to the material;
- you must attribute the material to our Site, including linking back to our Site where possible; and
- you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.
- Your content
If you choose to add any content on the Site, you:
- warrant to us that you have all necessary rights to post the content;
- grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
- you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
- Third party information
The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
- Third Party links and websites
This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
- Reservation of Rights
We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
- Delays and outages
We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
- Limitation of Liability
To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
- the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
- Third Party Information; or
- Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk. Any information contained on the Site, including the EBook, is supplied for information purposes only and does not constitute advice including legal, financial or business advice.
By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
- your use of or access to the Site;
- any breach by you of these Terms; or
- any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.
- Exclusion of Competitors
You are prohibited from using our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.
If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.
The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
Your use of this Site and any dispute arising out of your use of it is subject to the laws of Tasmania and the Commonwealth of Australia. These Terms are governed by the laws of Tasmania and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Tasmania. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
For questions and notices, please contact us at:
Nina Hendy trading as The Freelance Collective
(ABN: 80 992 402 071)
Last update: 1 July 2015
If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.
Collection of personal information
Personal Information: The type of information we collect may include:
- contact details including email address, business address and telephone number;
- website (if applicable);
- prior freelance experience, including a work sample and duration as a freelancer (if applicable);
- demographic information such as postcode;
- preferences and opinions; and
- any other information requested on this Site or otherwise requested by us or provided by you.
Your use of our Site: As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
Your opinion and feedback: We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.
Use of personal information
We collect and use the information for purposes including:
- to contact and communicate with you;
- to allow Site users to contact and communicate with you;
- for internal record keeping;
- for market research and business development including website development;
- marketing including direct marketing;
- to run competitions or offer additional benefits to you;
- to send you a weekly newsletter promoting freelancing, with guest blog spots; and
- to send you promotional information about third parties that we think may be of interest to you.
Disclosure of personal information
We may disclose personal information:
- for the purpose of providing information, products, services or marketing to customers;
- to credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by us to them;
- to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
- to third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we would seek to maintain confidentiality.
Your rights and controlling your personal information
Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Correction: If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us at the details below.
Storage and Security
We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure
Cookies & Web Beacons
We may use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to other websites
For any questions or notice, please contact us at:
Last update: 1 July 2015
Nina Hendy t/a The Freelance Collective ABN 80 992 402 071 (referred to as The Freelance Collective) provides a social network and introductory services between individuals or businesses who require creative freelance services and Australian creative freelancers who are able to provide creative freelance services (collectively, the Services). The Services are available on The Freelance Collective’s websites at www.thefreelancecollective.com and www.thefreelancecollective.com.au (collectively, the Site).
These Marketplace Terms and Conditions (Terms) form a binding legal agreement between The Freelance Collective, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as a User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully, and please contact The Freelance Collective if there are any questions – our contact details are set out at the end of these Terms.
Introductory Service Only
- The Site and the Services provide a social network and an online introductory platform for individuals or businesses (End User) and freelancers (Freelancers), through which End Users will be able to contact Freelancers and request their creative freelance services (Freelance Services).
- Each Freelancer may create a profile as per the information requested on the Site (Profile).
- End Users can view the Profiles of Freelancers, and contact Freelancers directly via their provided email address to make arrangements with the Freelancers.
- Each User understands and agrees that the Site is an online introductory platform only, and that The Freelance Collective’s responsibilities are limited to facilitating the availability of the Site and the Services.
- The Freelance Collective is not a party to any agreement entered into between an End User and a Freelancer. The Freelance Collective is not a referrer or booking agent, and provides no such related services. The Freelance Collective has no control over the conduct of End Users, Freelancers and any other users of the Site and the Services. The Freelance Collective disclaims all liability in this regard, as set out in these Terms.
- Any arrangement between an End User and a Freelancer is solely between the End User and Freelancer. It is strictly and expressly not part of the User’s agreement with The Freelance Collective.
The User’s use of the Site, and the Services indicates that the User has had sufficient opportunity to access the Terms and contact The Freelance Collective, that the User has read, accepted and will comply with the Terms, that the User has legal capacity to enter into a legally binding contract, and that the User is eighteen (18) years or older or if younger than eighteen (18) years the User has the approval of its parent or guardian. If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
These Terms may be amended from time to time, without prior notice. The User’s continued use of the Services following any such amendments will be deemed to be confirmation that he/she accepts those amendments. The Freelance Collective recommends that each User check the current Terms, before continuing use of the Services. The Freelance Collective’s agents, employees and third parties do not have authority to change the Terms.
- Each Freelancer may only have one (1) account on the Site including a Profile (Account).
- Basic information is required when registering on the Site for an Account. Each Freelancer is required to provide certain information including name, email address, and freelancer experience, including an example of their work.
- Each Freelancer agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Freelance Collective reserves the right to suspend or terminate any Freelancer’s Account and his/her access to the Site and Services if any information provided to The Freelance Collective proves to be inaccurate, not current or incomplete.
- To keep information secure and confidential, Freelancers may be requested by The Freelance Collective to change their passwords at regular intervals.
- It is the Freelancer’s responsibility to keep its Account details and password confidential. The Freelancer is liable for all activity on its Account, including purchases made using its account details. The Freelancer agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
- The Freelancer will immediately notify The Freelance Collective of any unauthorised use of its Account.
- Each Freelancer must reside in Australia. If a Freelancer leaves Australia for a period of more than 6 months, that User must cancel its Account and deactivate its Profile.
(a) End Users are not required to pay any fees for using the Site but may be required to pay fees for any other services that they request, including Freelance Services, which are subject to negotiation between the End User and the Freelancer.
(b) Freelancers agree to pay The Freelance Collective, in advance, a monthly fee (Fee) in the amount and currency specified on the Site. Freelancers acknowledge and agree that:
a. to maintain its Account and Profile, payment of the Fee will be automatically deducted on a monthly payment date (Renewal Date) using PayPal; and
b. if the Fee is declined or The Freelance Collective does not receive the Fee by the Renewal Date for any reason, The Freelance Collective will attempt to contact the Freelancer by email as soon as The Freelance Collective is aware of the payment failure.
(c) Each Freelancer agrees that where a Fee is payable, payment must be received before the Renewal Date. If a User wishes to cancel its Account or deactivate its Profile, it must do so prior to the Renewal Date.
- Goods and Services Tax (GST) will be charged where applicable.
- Payment for the Services will be made via PayPal. The Freelancer must not pay, or attempt to pay, through any fraudulent or unlawful means. If a Freelancer’s payment is not able to be successfully processed then the request for or renewal of an Account may be cancelled.
- In the absence of fraud or mistake, all payments made are final and the Freelancer shall not have the right to cancel its purchase for any reason and further each Freelancer agrees to satisfy all such payments made.
- Nothing prevents The Freelance Collective from taking any action necessary to recover any Fees which are not received from a Freelancer. If Fees are not received from a Freelancer, the Freelancer’s information will be passed on for collection and or legal action. The Freelancer acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the Freelancer at any time exceeds The Freelance Collective’s payment terms and as a result are passed on for collection and or legal action, The Freelance Collective may place a default against the Freelancer with a credit reporting agency.
- The Freelance Collective’s pricing structure or payment methods may be amended from time to time in its sole discretion.
Freelancers and Freelancer Profiles
- Freelancers who have created an Account are permitted to create Profiles. The Freelancer’s Profile for its use of the Site is created from the personal information it provides to The Freelance Collective.
- Each Freelancer agrees to provide accurate, current and complete information during the registration process, and to update its information to keep it accurate, current and complete.
- Each Freelancer acknowledges and agrees that it is responsible for its own Profile.
- Users can access the Site to communicate with other Users and obtain the Freelancer’s Services.
- If an End User contacts a Freelancer and requests the Freelance Services, any agreement entered into is between the End User and Freelancer. The Freelance Collective is not a party to the agreement.
- Each Freelancer represents and warrants that any content that it provides and Profile that it posts:
- will not breach any agreements it has entered into with any third parties;
- will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Freelancer in its local area and country;
- is not defamatory and will not breach any law; and
- will not conflict with the rights of third parties.
- The Freelance Collective assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
- The Freelance Collective reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile for any reason, including Accounts and/or Profiles that The Freelance Collective, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Cancellation of Registration
- If a Freelancer wishes to cancel its Account, it will need to do so by contacting The Freelance Collective using the contact details below.
- No refunds will be made upon cancellation.
- Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar
- If the User is a consumer as defined in the ACL, the following notice applies to the User from The Freelance Collective: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
Copyright and Intellectual Property
- The Site contains material which is owned by or licensed to The Freelance Collective, its affiliates and/or third party licensors as applicable, and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content). The Freelance Collective and all material used in connection with the Site are unregistered or registered trademarks of The Freelance Collective.
- Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to The Freelance Collective (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; and Site content, images and layout.
- The User agrees that, as between the User and The Freelance Collective, The Freelance Collective owns all Intellectual Property rights in the Site and Services except for User Content, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. The Freelance Collective own or holds a licence in the copyright which subsists in all creative and literary works displayed in the Site and Services. The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by The Freelance Collective or the owner of the content.
- Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
- The Freelance Collective’s Intellectual Property, User Content and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of The Freelance Collective, User Content owner, or the applicable trademark holder.
- Users of the Site do not obtain any interest or licence in the Intellectual Property, User Content or Third Party Marks without the prior written permission of The Freelance Collective, User Content owner or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.
- Subject to these Terms, The Freelance Collective grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without The Freelance Collective’s prior written consent.
- The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
- This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Permitted and Prohibited Conduct
The User is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- register for more than one (1) Account or register for an Account on behalf of another individual and/or entity;
- use the Services to find a Freelancer and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to The Freelance Collective provision of the Services;
- submit any false or misleading information;
- as a Freelancer, offer any Freelance Services that it does not intend to honour or cannot provide;
- as an End User, make any offers to the Freelancer that it does not intend to honour or cannot provide;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- copy, store or otherwise access any information contained on the Site and Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
- use, display, mirror or frame the Site, or any individual element within the Site, Services, The Freelance Collective’s name, any trademark, logo or other proprietary information of The Freelance Collective, or the layout and design of any page or form contained on a page, without The Freelance Collective’s express written consent; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. The User acknowledges and agrees that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of The Freelance Collective and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Collective Content.
The User must not post, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- denigrates the Site, Services, an End User, or a Freelancer;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). The Freelance Collective does not claim ownership right in User Content. By making available any User Content on or through the Site and Services, the User grants to The Freelance Collective a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, view, copy, adapt, modify, distribute, licence, publish, reproduce, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of the Site and Services. Users also consent to any act or omission by The Freelance Collective that would otherwise infringe any rights in User Content including but not limited to the User’s moral rights.
The User agrees that it is solely responsible for all User Content that it makes available through the Site and Services. The User represents and warrants that:
- it is either are the sole and exclusive owner of all User Content that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to The Freelance Collective the rights in such User Content, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or The Freelance Collective’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- The Freelance Collective does not guarantee that Freelancers and Freelance Services will be requested by any End Users, nor does The Freelance Collective guarantee that the End Users will be able to find desirable Freelancers.
- The Freelance Collective does not endorse any End User, Freelancer, Profile or Freelance Services. The Freelance Collective requires End Users and Freelancers to confirm that they have provided accurate information. The Freelance Collective does not perform any sort of background checks of End Users and Freelancers, and does not confirm any End User or Freelancer’s identity, Profile or Freelance Services.
- The Freelance Collective cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Freelancer or Freelance Services. End Users are responsible for determining the identity and suitability of Freelancers that they contact via the Services.
- The Freelance Collective accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. The Freelance Collective disclaims any and all liability related to any and all End Users, Freelancers, Profiles and Freelance Services.
- By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other End Users or Freelancers or other third parties will be limited to a claim against the End User or Freelancer or other third party who caused it harm. The Freelance Collective encourages the End User to communicate directly with the relevant End User or Freelancer on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
- To the fullest extent allowable under applicable law, The Freelance Collective disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
- For the avoidance of doubt, The Freelance Collective is not responsible for any taxation, visa or immigration matters associated under these Terms. The Freelance Collective advises that all Users using the Site and Services should seek advice in relation to these matters.
- Each End User and Freelancer who uses the Site and the Services does so at its own risk.
- To the fullest extent permitted by law The Freelance Collective excludes all express and implied conditions and warranties, except for the User’s Rights, including but not limited to:
- The Freelance Collective expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- The Freelance Collective does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
- The Freelance Collective takes no responsibility for, and will not be liable for, the Site, the Services, the End User, the Freelancer and Freelance Services being unavailable, failing to meet the Profile description, failing to meet the User’s needs, or being of less than merchantable quality; and
- The Freelance Collective will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special , consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, Collective Content, inability to access or use the Site, the Services, the Profile, the Freelance Services, or the Terms, even if The Freelance Collective was expressly advised of the likelihood of such loss or damage.
- The User agrees not to attempt to impose liability on, or seek any legal remedy from The Freelance Collective with respect to such actions or omissions.
Limitation of Liability
- The Freelance Collective’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to The Freelance Collective in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Freelance Collective and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of The Freelance Collective.
- Each User agrees to defend and indemnify and hold The Freelance Collective (and The Freelance Collective’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
- The Freelance Collective reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by The Freelance Collective without restriction.
- While The Freelance Collective will endeavour to keep the information up to date and correct, The Freelance Collective makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and The Freelance Collective expressly excludes any liability for such to the fullest extent permissible by law.
- Termination: The Freelance Collective reserves the right to refuse supply of the Services required by any User, terminate any User’s account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User.
- Force Majeure: The Freelance Collective will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
- Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
- Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by The Freelance Collective of any of the Terms shall be effective unless The Freelance Collective expressly states that it is a waiver and The Freelance Collective communicates it to the User in writing.
- Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without The Freelance Collective’s prior written consent.
- Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Tasmania, Australia, and subject to the exclusive jurisdiction of the Tasmanian courts. The Site may be accessed throughout Australia and overseas. The Freelance Collective makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between The Freelance Collective and each User, and supersede any prior agreement, understanding or arrangement between The Freelance Collective and each User, whether oral or in writing.
For questions and notices, please contact:
Last update: 1 July 2015