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Upon receipt of a dispute, Freelancer shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Freelancer has absolute discretion to accept or reject any document provided. You also acknowledge that Freelancer is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person.
In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and to the maximum extent permitted by law hold Freelancer and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
The Freelancer Code of Conduct applies to all the services offered by Freelancer, including, but not limited to, the Milestone Dispute Resolution Services. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.
A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct. If a dispute arises between you and Freelancer, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly.
We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support freelancer. For any claim, Freelancer may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Freelancer elects arbitration, such arbitration will be initiated through an established alternative dispute resolution ADR provider, which is to be selected by you from a panel of ADR providers that Freelancer will provide to you.
All claims you bring against Freelancer must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Freelancer may recover its legal fees and costs including in-house lawyers and paralegals , provided that Freelancer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Freelancer will be entitled to recover all reasonable costs or expenses including reasonable legal fees and expenses incurred in connection with the enforcement of this Agreement.
Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.
As a convenience service, you may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions.
This fee will be embedded within the rate provided to you and the currency exchange will be settled immediately. You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate.
You must not use or attempt to use the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider. All information included on the Website in respect of currency conversion is general information only.
Use of currency conversion is at your own risk. Currency conversions are final and irreversible. Buyers can promote a Contest hosted on the Website by providing a Contest Brief and paying the Contest Prize in accordance to our instructions provided on the Website.
A Buyer acknowledges and agrees that it is solely responsible for the operation and promotion of the Contest and warrants that it will comply with all applicable law in respect of the operation and promotion of the Contest. We have no liability for loss suffered by a User in connection with a Contest including but not limited to loss suffered or penalties imposed in connection with any contravention of law.
Entrants may submit their entries in image, video, text or other format as specified on the Website. All entries must comply with the Contest Brief and must not infringe any Intellectual Property Rights. Any entry which infringes any Intellectual Property Rights will be an ineligible entry and subject to removal either by the Buyer or us and subject to action as per our Copyright Infringement Policy.
Buyers can promote either: 1 a regular prepaid Contest, under which a Buyer may select one or more winning Entrant s and Buyers may request that the Contest Prize be released to them if a winner has not been chosen within 30 days of the Contest closing date; or 2 a guaranteed Contest, under which a Buyer may select one or more winning Seller s and if no winner is selected, we will release the Contest Prize to Entrants of the guaranteed Contest and charge the appropriate fees and the Buyer will have no rights to have the Contest Prize released to them or to use any entries that have been submitted.
After 30 days of the Contest closing date, we reserve the right to distribute the Contest prize to the participating Sellers. After awarding a Contest Prize, the Buyer and winning Entrant s will enter into a Contest Handover and when the winning Entrant s has uploaded the winning entry including all related files to the Buyer, the Contest Prize will be released to the winner of the Contest unless disputed by the Buyer in which case the dispute must be resolved between the Buyer and winning Entrant s before we can release the Contest Prize to the winning Entrant s.
The Buyer may not: 1 promote a Contest via the Website if the Buyer is hosting a similar Contest through another service; 2 allow or request Sellers to submit entries to the Buyer via other means than the Website; and 3 award another Account that might be deemed as collusion or awarding another Account owned by the Buyer. This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect.
Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time. If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. If you are a California resident, you shall and hereby do waive California Civil Code Section , which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission. You may close your Account at any time. The option is located in the Account Settings. Account closure is subject to: not having any outstanding listings on the Website; resolving any outstanding matters such as a suspension or restriction on your Account ; and paying any outstanding fees or amounts owing on the Account.
This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment. You will indemnify us and our officers, directors, agents, subsidiaries, joint venturers and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Freelancer Services.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement. You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Freelancer Services and do everything possible to mitigate the unauthorised access or security breach including preserving evidence and notifying appropriate authorities.
Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials.
However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us. The Website is a dynamic time-sensitive Website.
As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party. To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort including negligence , or any other form of liability, for: any indirect, special, incidental or consequential damages that may be incurred by you; any loss of income, business or profits whether direct or indirect that may be incurred by you; any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising. Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act Cth and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies the choice of which is to be at our sole discretion to the supply of the Freelancer services again or the payment of the cost of having the Freelancer services supplied again.
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Any relief awarded cannot affect other Users. Legal notices will be served or to the email address you provide to Freelancer during the registration process.
Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Freelancer must be given by registered ordinary post or if posted to or from a place outside Australia, by registered airmail. We encourage you to try and resolve disputes using certified mediation such as online dispute resolution processes. If a dispute cannot be resolved then you and Freelancer irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets.
In the event of any sale or transfer you will remain bound by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation. You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account. It is important to read and understand all our policies as they provide the rules for trading on the Freelancer Website.
In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Each of these policies may be changed from time to time. Changes take effect when we post them on the Freelancer Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time.
All such policies or rules are incorporated into this User Agreement. This Agreement contains the entire understanding and agreement between you and Freelancer. Freelancer reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service s and or user account s , suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users. Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at support freelancer. The email address is already associated with a Freelancer account. Enter your password below to link accounts:. User Agreement This Agreement was last modified on 30 July In this User Agreement: "Account" means the account associated with your email address. Overview By accessing the Website, you agree to the following terms with Freelancer.
Scope Before using the Website, you must read the whole User Agreement, the Website policies and all linked information. Eligibility You will not use the Website if you: are not able to form legally binding contracts; are under the age of 16; a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction; are suspended from using the Website; or do not hold a valid email address.
We may, at our absolute discretion, refuse to register any person or entity as a User. Intellectual Property Rights Infringement It is our policy to respond to clear notices of alleged intellectual property rights infringement. Fees and Services We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. Unless otherwise stated, all fees are quoted in United States Dollars.
The new Projects must commence after the Buyer creates a new account on Freelancer and be initiated using that new account. All other fees and charges remain unaffected including but not limited to Buyer commissions and transaction fees.
This promotion does not apply to Contests. Freelancer reserves the right to review classifications of Referee as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. The Referee must have worked with, and paid, the Referrer applying to use this promotion before the beginning of this promotion, for example from another platform.
The Referrer s may be required to provide evidence of this prior work and payment before being eligible for the commission reduction. To be eligible for this promotion, The Referee must not have had any account on Freelancer prior to creating the new account. Freelancer may require that the details for any Project for which the commission reduction applies are appropriately complete. This promotion may be withdrawn for a specific user, if significant reversals, fraud or chargebacks are observed, if Freelancer believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and the Referrer, or for any other reason.
Freelancer reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, and to prevent any suspected fraud. Freelancer reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes.
Freelancer reserves the right to cancel or amend this promotion at any time. Freelancer reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region. This is subject to the following conditions: The Referrer must be an existing user of the Website. All members of the program, referrer and referees are subject to all other terms and conditions of the website, which in case of dispute, are held above this section.
All members of the program must be over the age of 16 years. Users may be asked to provide verification of payment or other user information before receiving the credit. Any site credit that has been given in relation to this promotion may expire at any time determined by the Company. This site credit may only be used for the purpose of establishing a milestone payment, funding a prize for a new Contest, or payment of site Project or Contest fees.
Freelancer reserves the right to review classifications of Referees as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. To be eligible for this promotion, Referees must not have had any active account on Freelancer from which a payment was made within the six 6 months immediately prior to creating the new account.
This promotion may be withdrawn for a specific user or set of users, if significant reversals, fraud or chargebacks are observed, if Freelancer believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and Referrer, or for any other reason. For any specific Referrer user, Freelancer may choose to cap the maximum value of site credit accrued by an individual or collection of users.
Freelancer reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, or to prevent any suspected fraud. Freelancer reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes, in particular to request evidence of bona fide work being done in relation to any Project or Contest funded with the site credit.
Freelancer reserves the right to cap the total site credit available under the program. Any site credit may not be duplicated, sold, traded or transferred in any manner, including but not limited to being withdrawn for cash. Freelancer reserves the right to reverse credit earned if it determines that the referrers or referees are not acting as users of the site in good faith. Referrals should have unique payment sources in order to qualify the parent for the referral credit. Bonus credit is only reserved for referring users who act at all times in good faith and who signed up to the site with actual intent of using the website for its intended purposes.
Freelancer reserves the right to remove credit or remove users from participating in the program if the company determines the users to be acting in bad faith and are abusing the program. The decisions of management are final. No correspondence will be entered into.
Management, employees of Freelancer and its related companies are not eligible to participate in this program. Any term or condition in these terms found to be void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect. Freelancer reserves the right to set the bonus credits for each individual referrer and individual referral users and to release said bonus credit in any currency the company sees fit.
Freelancer is not liable for any loss or damage whatsoever which is suffered including but not limited to, direct or consequential loss or for any personal injury suffered or sustained in connection with entry into the competition or acceptance of the prize. Credit Promotions This section related to all promotions of free site credit provided under any program, including but not limited to the Referral Program, and other site or email promotions.
This is subject to the following conditions: All members of the program are subject to all other terms and conditions of the website, which in case of dispute, this section will prevail over. Any site credit will expire no longer than 30 days unless otherwise written on the promotion. This site credit may only be used for the purpose of establishing a milestone payment, funding a prize for a new Contest, or payment of site fees including but not limited to project fees, contest fees, upgrades and memberships.
This promotion may be withdrawn for a specific user or set of users, if significant reversals, fraud or chargebacks are observed, if Freelancer believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes, or for any other reason. For any specific user, Freelancer may choose to cap the maximum value of site credit accrued by an individual or collection of related individuals.
Freelancer reserves the right to set the bonus credits for each individual user and to release said bonus credit in any currency the company sees fit. Taxes You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Payment Administration Agent You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments including merchant facilities from or to Users on our behalf. Content When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable through multiple tiers right to exercise any and all copyright, trademark, publicity, and database rights but no other rights you have in the content, in any media known now or in the future.
Feedback, Reputation and Reviews You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating s e. Advertising Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Communication With Other Users Communication with other users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Website.
Special Provisions for Local Jobs Each User acknowledges: Freelancer does not review, approve, recommend or verify any of the credentials, licences or statements of capability in relation to Local Jobs or, for the avoidance of doubt, any non Local Jobs on the Website ; Freelancer provides matchmaking and platform services only. Users agree that Freelancer has no liability for any other aspect of service delivery or interaction between Buyer and Seller.
Freelancer is not a party to any disputes between Buyer and Seller, although we provide a dispute resolution mechanism to assist the parties in resolving issues; Freelancer may from time to time include map features and Freelancer may display the location of Users to persons browsing the Website on that map. Every Buyer seeking services for Local Jobs will be asked to provide the location where the Local Job is to be performed. You expressly agree that Freelancer has no liability for displaying such information.
This data may be shared in the context of facilitating services for Local Jobs and each User specifically consents to this collection and sharing as part of this agreement; Upon completion of a Local Job Project, Seller User must log on to the Website and click the "Complete" button for that Local Job, as soon as practicable. Any items purchased by the Seller as part of performing the service are between the Buyer and Seller.
Funds You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. You are not entitled to any interest, or other earnings for funds that are in your Account. If your Account has negative funds, we may: set-off the negative amount with funds that you subsequently receive into your Account; if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency at an exchange rate applied by us ; reverse payments you have made from your Account to other User Accounts on the Website; deduct amounts you owe us from money you subsequently add or receive into your Account; or immediately suspend or limit your Account until such time as your Account no longer has a negative amount.
We reserve the right to collect any funds owed to us by any other legal means. We may, in our sole discretion, place a limit on any or all of the funds in your Account thereby preventing any use of the funds if: we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback; we believe that the beneficiary of the payment is someone other than you; we believe that the payment is being made to a country where we do not offer our Service; or we are required to do so by law or applicable law enforcement agencies.
Refunds You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment subject to Section 25 or relates to fees or charges payable to us. Withdrawals Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes. Chargebacks A chargeback being a challenge to a payment that a User files with their card issuer or financial institution , and any subsequent reversal instruction, is made by the payment product issuer or third parties such as payment processors and not by us.
We reserve the right to close an Inactive Account. We reserve the right to close an account with nil or negative funds. Right to Refuse Service We may close, suspend or limit your access to your Account without reason. Milestone Payments Subject to Section 25, we do not operate an escrow service in relation to the Website. Other Disputes With Users You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.
Disputes With Us If a dispute arises between you and Freelancer, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. Currencies Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. We reserve the right to reject any request for a conversion of currency at any time.
Contests Buyers can promote a Contest hosted on the Website by providing a Contest Brief and paying the Contest Prize in accordance to our instructions provided on the Website. Survival and Release This agreement supersedes any other agreement between you and the Company. Access and Interference You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.
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