I. Introduction
Welcome to BeMyFreelancer! Please read the terms and conditions carefully as by accessing or using our online platform you are agreeing to these terms and conditions. The terms and conditions of our service is a legally binding agreement between you and BeMyFreelancer. If you do not agree to these terms and conditions, you must cease using this platform.
BeMyFreelancer operates as an online platform allowing customers to connect through the platform with freelancer who provide services.
Please read these terms and all policies including the code of conduct, fees and charges, cancellation & refund policy, trust and safety, resources & tools and privacy policy carefully before using the BeMyFreelancer. These policies are incorporated into this agreement by reference.
The terms “BeMyFreelancer”, “us”, “we” and “our” refer to the owner of the BeMyFreelancer platform. The terms “you”, “they”, “users”, “user”, “freelancer”, customer”, “freelancers” and “customers” refer to the person/s using the platform.
1. Scope of service
1.1. BeMyFreelancer is an online facility that provides customers a platform to browse through the services such as beauty, health and wellness and allows customers to post a job
1.2. Users have the ability to edit their bookings however the changes will need to be accepted by the other party
1.3. Freelancers can make an offer to a posted job or accept a posted job
1.4. When a customer accepts a freelancer’s offer a booking form is created between the freelancer and customer
1.5. A booking is a contract between the customer and the freelancer
1.6. When a booking form is created, freelancer and customer may use the message functionality on the booking form to amend or discuss any details (including price)
1.7. When a booking is finalised, the customer must pay the agreed price into the payment account. The freelancer pays a service fee to BeMyFreelancer. Service fee will be debited from the payment account
1.8. Once a booking is complete freelancer will need to select “job complete” and customer will need to select “release payment”
1.9. Once a booking or on on-going booking (posted job or customer browsed the database) is completed and the customer confirms the services are completed, or if BeMyFreelancer is satisfied a service is completed, BeMyFreelancer will release freelancer’s fee from the payment account
1.10. After a service is completed, it is recommended the freelancer and customer leave a review
2. Our role and obligation
2.1. BeMyFreelancer provides a platform for customers to post a job and for freelancers to make an offer on the posted job
2.2. BeMyFreelancer allows customers to browse and select freelancers for their required services
2.3. All users must be 18 years of age or older to be able to use the platform
2.4. All users must be physical persons and are able to stipulate on their account whether they represent a business entity
2.5. At BeMyFreelancer’s discretion, we may refuse to allow any person or business entity to register or create an account or modify an existing account if BeMyFreelancer deems a user has breached our code of conduct and terms and conditions
2.6. Registering an account, posting a job, making an offer and browsing through services and content is free on BeMyFreelancer platform
2.7. BeMyFreelancer accepts no liability for any aspect of interaction between freelancer and customer including but not limited to the description, performance or delivery of services
2.8. BeMyFreelancer takes no responsibility and makes no warranty as to the truth or accuracy of any aspect of information provided by users, including, but not limited to, the ability of freelancers to perform services, or the honesty or accuracy of any information provided by customers or the customer’s ability to pay for the services requested
2.9. BeMyFreelancer may only involve itself in dispute between users to improve user experience. BeMyFreelancer has no obligation to any user to assist in any dispute between users
3. User obligations
3.1. All users must at all times:
3.1.1. Fulfil this agreement
3.1.2. Only post accurate and correct information on BeMyFreelancer platform
3.1.3. Ensure you are aware of any laws that apply to you as a freelancer and customer
3.2. You must not use BeMyFreelancer platform for any illegal or immoral purposes
3.3. All users must maintain control of their BeMyFreelancer account at all times and not allow others to use, sell or transfer your account
3.4. All users agree that all information posted on BeMyFreelancer platform must not in any way harmful to any person
3.5. Information supplied to BeMyFreelancer by all users must always be up to date and kept up to date and must not:
3.5.1. Be untrue, inaccurate and misleading
3.5.2. Be fraudulent or involve the sale of counterfeit or stolen items
3.5.3. Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
3.5.4. Violate any applicable law, act, rule or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
3.5.5. Be offensive, slanderous, intimidating, bullying or harassing;
3.5.6. Be obscene or contain any inappropriate, unlawful, including, but not limited to explicit material and images;
3.5.7. Contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any BeMyFreelancer platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information
3.5.8. Users will not use BeMyFreelancer platform to purchase or deliver alcohol, or any illegal substance or service
3.6. Customer should never disclose personal information when posting a job such as; full name, street number, email address or phone number on the BeMyFreelancer platform
3.7. BeMyFreelancer platform may also use location based or map based to show the location of freelancers and customers to people browsing the BeMyFreelancer platform
3.8. Freelancers must have the right to provide services under their accepted booking and must comply with australian regulatory tax obligations in relation to any payment received through BeMyFreelancer platform
3.9. Freelancers must not charge customers any additional fees on top of the agreed price on the booking form. However, both parties may agree to amend the previously agreed price through the BeMyFreelancer platform in line with terms and conditions 1.6
3.10. Freelancers must not accept payments for any services supplied to customers outside of the BeMyFreelancer platform
3.11. If a freelancer sub-contracts any part of the services agreed to provide in through a booking, then the sub-contractor should also be a registered member of BeMyFreelancer
3.12. If BeMyFreelancer deems users have breached any terms under clause 3, BeMyFreelancer reserves the right to suspend or deactivate your account and/or any booking
4. Accounts and profiles
4.1. In order to use the BeMyFreelancer platform all users are required to create an account
4.2. All users will agree to only provide accurate and up to date information. In line with terms and conditions 3.3, the user will be responsible for preventing unauthorised use or unauthorised access to your account by any person or entity, even if you share your registration information
4.3. All users are solely responsible for access to the BeMyFreelancer platform. Please notify BeMyFreelancer immediately if you become aware that your BeMyFreelancer account has been used without your authorisation
5. Agreement between freelancers and customers
5.1. All users agree a legal contract is formed when a booking is accepted by a freelancer and customer
5.2. BeMyFreelancer is not involved in any booking agreement between the freelancer and customer and under no circumstance a booking does not create an employment or service relationship between BeMyFreelancer and the freelancer
5.3. Customers should pay their freelancers in full for the services offered at the agreed price at the time of the booking
6. Privacy policy
6.1. Please refer to our privacy policy
7. Fees
7.1. Please refer to our fees and charges policy
8. Billings and payments
8.1. If a booking is cancelled prior to commencement of the service for any reason by a freelancer or a customer under the booking agreement and if BeMyFreelancer is satisfied that the agreed price should be refunded to the customer on customer’s account a cancellation fee will be payable. Please refer to our cancellation policy.
8.2. BeMyFreelancer may decide, in its absolute discretion, to refund the agreed price back into customer’s credit card or waive the cancellation fee. Please refer to our cancellation policy.
8.3. Any outstanding cancellation fee owed by a user under 9.1 will be a debt owed by the user to BeMyFreelancer and may also off-set by BeMyFreelancer against any other payments owed at any time to the user
8.3.1. If a cancellation of a booking is initiated by a freelancer, it will be attributed to freelancer when:
8.3.1.1. Customer and freelancer jointly agree to cancel the booking
8.3.1.2. A customer is not able to contact the freelancer to perform the job or service and as a result the booking is cancelled by the customer
8.3.1.3. Freelancer cancels the booking
8.3.1.4. A booking is cancelled in accordance with 3.12 if BeMyFreelancer deems freelancer has breached terms and conditions and code of conduct
8.4. If a cancellation of a booking is initiated by a customer, it will be attributed to the customer when:
8.4.1. Customer cancels the booking (other than in accordance with 10.3)
8.4.2. Booking is cancelled in accordance with 3.12 if BeMyFreelancer deems customer has breached terms and conditions and code of conduct
8.5. BeMyFreelancer may take up to 14 days to return the agreed price (less the cancellation fee where applicable) to the customer
8.6. If freelancer funds cannot be transferred or otherwise made to freelancer or the customer (as the case maybe) or no claim is otherwise made for the freelancer funds. Freelancer funds will remain in the payment account until paid or otherwise for up to three months from the date the customer initially paid the agreed price into the payment account
8.7. If there is no dispute in respect of freelancer funds, freelancer funds will be credited to the customer as stored credit
8.8. If a booking is cancelled and the user associated with the booking can show the work under the booking was commenced, then the amount of the agreed price to be returned to customer will be provisional in accordance to the dispute process. Please refer to our cancellation policy.
8.9. BeMyFreelancer will not be a party to any booking created between freelancer and customer
8.10. Users will be required to provide their payment method details to BeMyFreelancer
8.11. Freelancers are responsible to accurately invoicing their customers for their services as agreed on the booking
9. User generated content
9.1. Any information and materials you provide to BeMyFreelancer is defined as “user generated content”
9.2. All users are solely responsible for their user generated content and BeMyFreelancer acts as platform for online distribution and publication of your user generated content
9.3. All users agree and acknowledge that BeMyFreelancer is not involved in the creation or development of user generated content. BeMyFreelancer disclaims any responsibility for user generated content. BeMyFreelancer will not be liable for claims arising out of or relating to user generated content
9.4. All users agree and acknowledge BeMyFreelancer is not responsible to monitor and review user generated content but BeMyFreelancer reserves the right to limit or remove user generated content if it does not adhere to the terms of this agreement
9.5. All users agree and confirm to BeMyFreelancer that your user generated content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality; (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as trojan horses, sql injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with BeMyFreelancer or otherwise purport to act as a representative or agent of BeMyFreelancer; and will not create liability for BeMyFreelancer or cause BeMyFreelancer to lose (in whole or in part) the services of its internet service providers (isps) or other partners or suppliers
9.6. BeMyFreelancer platform allows user generated content relating to reviews and ratings (feedback). Such feedback is user’s opinion and not the opinion of BeMyFreelancer and feedback is not verified or approved by BeMyFreelancer
9.7. All users agree that BeMyFreelancer is not responsible or liable for any feedback or other user generated content
9.8. BeMyFreelancer encourages all users to provide objective, constructive and honest feedback about other users with whom they have interacted and transacted with
9.9. BeMyFreelancer is not obligated to investigate any reviews, ratings, feedback posted by users for accuracy or reliability or to consider any statements posted or submitted by users about any feedback but may do so at its discretion
9.10. All users agree and acknowledge that feedback users post and other users read about users’ expression of their experience and that you will not complain or take any action merely because you happen to disagree with such feedback
9.11. Users may request removal of a review that violates the terms of this agreement by contacting our customer support
9.12. All customers should undertake their own research that the specific freelancer has the right skills or qualifications to undertake and fulfil a job or service
9.13. BeMyFreelancer respects the personal and other rights of users, and expects users to also do the same
9.14. BeMyFreelancer is entitled to identify a user to third parties who claim that their rights have been infringed by user generated content submitted by that user, so that they may aim to resolve the claim directly
10. Payment facility
10.1. BeMyFreelancer uses a payment provider stripe to operate a payment account
10.2. Terms at https://stripe.com/au/ssa are incorporated into this agreement and will triumph over this agreement to the extent of any inconsistency in relation to the payment account
10.3. If BeMyFreelancer changes their payment provider you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be provided alternative means of payment
11. Refunds
Please refer to our cancellation policy and refund policy.
12. Stored credit
12.1. Stored credit:
12.1.1. Can be used by the user for new and future services through the BeMyFreelancer platform
12.1.2. Are not redeemable for cash or refundable and cannot be replaced, exchanged or transferred to a credit card
12.1.3. Valid for 6 months from date of issue or any expiry date advised by BeMyFreelancer
12.1.4. Must not be reproduced, copied, distributed or published directly or indirectly in any form for use by another person or entity other than the credited user
12.2. User of stored credit is solely responsible for the security of any stored credit. BeMyFreelancer will not take liability for any loss or damage to stored credit and has no obligation to replace stored credit
12.3. BeMyFreelancer will use its discretion to not accept, refuse or cancel any stored credit if BeMyFreelancer determines the stored credit has been used in breach of this agreement or have been counterfeit, altered with or otherwise fraudulent and BeMyFreelancer reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. Especially, stored credit, such as promotional coupons, vouchers or codes circulated without BeMyFreelancer’s approval which are not valid for use may be cancelled or refused by BeMyFreelancer
12.4. If the stored credit is not redeemed before the stored credit expires or is cancelled by BeMyFreelancer, BeMyFreelancer is entitled to any value on stored credit
13. Security
13.1. All users must register and create an account with BeMyFreelancer to use the BeMyFreelancer platform
13.2. All users are solely responsible for maintaining their sensitive information of log-in, password provided to you by BeMyFreelancer platform
13.3. All users are solely and take full responsibility for all activities done under your password or account, even if the access to your account was not authorised by you. BeMyFreelancer has no control over the user’s account and takes no liability derived therefrom
13.4. It is extremely important all users notify BeMyFreelancer immediately if you suspect your BeMyFreelancer account has been used by an unauthorized party
13.5. All information provided by users must be true and accurate including but not limited to, your name, mailing address, email address, business name, mobile number
13.6. If BeMyFreelancer identifies any information provided by users is not true or accurate with your registration, BeMyFreelancer reserves the right to suspend or deactivate your account
13.7. Should any information provided by users change, all users agree to immediately notify and update on BeMyFreelancer platform
13.8. You may notify BeMyFreelancer by texting stop to any text messages sent to your mobile number
14. Third parties (no rights)
14.1. The provisions of this agreement are for the sole benefit of the parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party or to give any person or entity other than the user any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this agreement are enforceable by any persons who are not a party to this agreement.
15. Press releases
15.1. BeMyFreelancer site may contain information and press releases about BeMyFreelancer. BeMyFreelancer denies any obligation to update this information
15.2. Information about other companies outside of BeMyFreelancer contained in any press releases or otherwise should not be relied on as being endorsed by BeMyFreelancer
16. Acceptable use of public areas
16.1. BeMyFreelancer platform may contain profiles, reviews, ratings, postings of jobs, booking form where users are able to communicate and engage with each other referred to as public areas
16.2. All users must only use such areas to send messages and receive messages which are appropriate and proper
16.3. For safety you should not share your personal contact information with other users on the platform
16.4. BeMyFreelancer platform should not be used for the following reasons but not limited to:
16.4.1. Slander, abuse, stalk, threaten, intimidate or violate rights of BeMyFreelancer users and BeMyFreelancer staff
16.4.2. Publish, post, upload, distribute or circulate any obscene, explicit, offensive or illegal, prohibited language and material or information
16.4.3. Upload files, content or any other material that violates the intellectual property rights of any user, third party or BeMyFreelancer
16.4.4. Upload corrupt files, trojan horses, sql injections, worms, timebombs, cancelbots or any other files or software that may damage BeMyFreelancer or it’s users’ computers
16.4.5. Imitate another person or a user or allow access to your BeMyFreelancer profile to another person or entity to use your profile to post, browse or view comments
16.5. While using the BeMyFreelancer platform, users may not:
16.5.1. Use BeMyFreelancer platform for any illegal or unlawful purpose, including but not limited to posting or performing a service in violation of australian law local, state or national
16.5.2. Post or upload content where you have not attained the necessary rights and permissions to use accordingly
16.5.3. Spamming, posting the same job repeatedly
16.5.4. Download any file posted by another user that you identify and know cannot be legally distributed across BeMyFreelancer platform
16.5.5. Limit or prevent other users from using and enjoying the BeMyFreelancer platform
16.5.6. Infer or state any statements you make (on or off BeMyFreelancer platform) are endorsed by BeMyFreelancer, without prior written consent of BeMyFreelancer
16.5.7. Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the BeMyFreelancer platform, or the electronic addresses or personal information of others, in any manner
16.5.8. Hack or interfere with BeMyFreelancer platform, its servers or any connected networks
16.5.9. Alter, license, sublicense or translate BeMyFreelancer platform for your own personal or commercial use
16.5.10. Remove, modify, ill-use, visually or otherwise, any copyrights, trademarks or propriety marks or rights owned by BeMyFreelancer
16.5.11. Upload content to BeMyFreelancer platform that is offensive and/or harmful content that promotes racism, bigotry, hatred, or physical harm of any kind against any persons
16.5.12. Upload content or access to materials which exploits individuals in an abusive, violent or sexual manner
16.5.13. Use BeMyFreelancer platform to solicit for any other businesses, websites, service or contact BeMyFreelancer users for employment for any contract purposes
16.5.14. Use BeMyFreelancer platform to collect information such as; usernames, email addresses, or any other personal information displayed on the BeMyFreelancer platform electronically or by other means
16.5.15. Attempt to avoid the payment system or service charge in any way but not limited to, making payments outside of the BeMyFreelancer platform, providing inaccurate information on invoices, or invoicing in a fraudulent manner
16.5.16. Use different usernames to register your account again on BeMyFreelancer platform after your account has been suspended, or register under several usernames or false identities
16.5.17. Use tools with the purpose of covering your ip address (like the tor network).
17. BeMyFreelancer operates and online marketplace
17.1. BeMyFreelancer is a platform operating as an online marketplace connecting freelancers and customers for various services
17.2. BeMyFreelancer does not employ freelancers and freelancers operate independently
17.3. BeMyFreelancer does not regulate, oversee freelancer’s performance or direct their services or set their work locations or work hours
17.4. Freelancers deliver services under their own name or business name and not under BeMyFreelancer’s name
17.5. Freelancers provide their own tools and supplies to perform their services and BeMyFreelancer does not provide tools and supplies
17.6. BeMyFreelancer does not set freelancer’s hours of operation and any terms of their services
17.7. Freelancers are at full liberty to reject bookings however, if freelancers accept a booking via BeMyFreelancer platform, freelancers are expected to fulfil their booking obligations
17.8. Freelancers have autonomy to set their own rates for their services
17.9. BeMyFreelancer is not an employment agency service and BeMyFreelancer is not an employer of any user
17.10. Freelancers agree and confirm they are solely responsible for exercising their own judgement when accepting bookings and performing their services, there is a chance for individual profit or loss
18. Deactivation and suspension
18.1. Pending investigation of potential breach of this agreement may result BeMyFreelancer suspending user’s right to use the BeMyFreelancer platform until determination
18.2. BeMyFreelancer reserves the right to deactivate your account or limit your use of the BeMyFreelancer platform if BeMyFreelancer deems that you have breached a provision of this agreement
18.3. BeMyFreelancer will notify you electronically of its determination, if you wish to appeal the determination, please contact our customer support within 14 days from the time you receive the notice
18.4. If BeMyFreelancer has deactivated or suspended your account or restricted or limited your use of BeMyFreelancer platform, you are prohibited from creating or registering a new account under your name or entity, fake or borrowed name or third party, even if you may be acting on third parties’ behalf
18.5. This agreement will remain enforceable against all users even after your right to use BeMyFreelancer platform has been suspended
18.6. BeMyFreelancer reserves the right to take legal action in pursuit of this agreement
18.7. BeMyFreelancer may use its sole discretion to modify or discontinue, temporarily or permanently all or any part of the BeMyFreelancer platform. BeMyFreelancer will provide you notice of any modification or discontinuation made to the platform
18.8. BeMyFreelancer will not be liable to its user’s for any modification or discontinuation of all or any portion of the platform
18.9. BeMyFreelancer reserves the right to restrict anyone from completing their registration as a freelancer or customer if such person may threaten the safety and integrity of BeMyFreelancer platform, or if such restrictions are necessary to address any other business concern
18.10. All users may terminate this agreement at any time by terminating all use of the BeMyFreelancer platform and deactivating your account
18.11. All parts of this agreement which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement or your use of the BeMyFreelancer platform
19. Termination
19.1. Users or BeMyFreelancer may terminate your account and this agreement at any time for any reason
19.2. Termination of this agreement does not impact any booking which has formed between users of BeMyFreelancer
20. Unlawful activity
20.1. BeMyFreelancer reserves the right to investigate complaints, feedback or reported violations of this agreement and take appropriate action, including, but not limited to reporting any suspected unlawful activity to law enforcements, regulators or other third parties and divulging any necessary information to persons or entities relating to your registration data, usage history, posted materials, ip addresses and traffic information
21. Limitation of liability
21.1. Except for liability in relation to a breach of a non-excludable condition, the parties exclude all consequential loss arising out of or in connection to the services, and any claims by any third person, or the booking, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable
21.2. Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any non-excludable condition is capped at the agreed price.
22. Disclaimer of warranty
22.1. Any use of BeMyFreelancer platform is entirely at your own risk
22.2. Technology of the BeMyFreelancer platform is provided on an “as is” basis without warranties and conditions of any kind, either expressed or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, good, and workmanlike services and non-infringement
22.3. BeMyFreelancer makes no warranties or representations about the accuracy or completeness of the content provided through the BeMyFreelancer platform or the content of any sites linked to the BeMyFreelancer platform and assumes no liability or responsibility in contract, warranty or in offence for any errors, mistakes, or inaccuracies of content, personal injury or property damage of any nature what so ever resulting from your access to and use of the BeMyFreelancer platform. Any access to use of our secure servers and/or/any and all personal information and/or financial information sorted and events beyond our reasonable control
22.4. BeMyFreelancer will not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the BeMyFreelancer platform or any hyperlinked website or featured in any banner or other advertising
22.5. BeMyFreelancer will not be a party to or in any way be responsible for monitoring any transaction between you and other users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, BeMyFreelancer does not warrant that access to the BeMyFreelancer platform will be uninterrupted or that the BeMyFreelancer platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the BeMyFreelancer platform, or as to the timeliness, accuracy, reliability, completeness of a booking, service, information or materials provided through or in connection with the use of the BeMyFreelancer platform
22.6. BeMyFreelancer is not responsible for the conduct, whether online or offline, of any user
22.7. BeMyFreelancer does not warrant that the BeMyFreelancer platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites
22.8. BeMyFreelancer will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you
22.9. Notwithstanding any feature a customer may use to expedite BeMyFreelancer selection, each customer is responsible for determining the job and selecting their freelancer
22.10. BeMyFreelancer does not provide any warranties or guarantees regarding freelancer’s ability, professional accreditation, registration or license
22.11. All users acknowledge and confirm that BeMyFreelancer is only willing to provide the BeMyFreelancer platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold BeMyFreelancer liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the BeMyFreelancer platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by BeMyFreelancer, and any destruction of your user generated content
22.12. Under no circumstances will BeMyFreelancer be liable for, and you hereby release BeMyFreelancer from any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by BeMyFreelancer, the cost of substitute products or services, or attorney’s fees and costs) arising out of or in any way connected with your use of or inability to use the BeMyFreelancer platform for services, even if advised of the possibility of the same
22.13. BeMyFreelancer expressly disclaim any liability that may arise between users of the BeMyFreelancer platform. BeMyFreelancer also does not accept any liability with respect to the quality or fitness of any work performed via the BeMyFreelancer platform
22.14. Notwithstanding the foregoing exclusions, it is determined that BeMyFreelancer is not liable for damages, in no event will the aggregate liability, whether arising in contract, offence, strict liability or otherwise, exceed the total fees paid by you to BeMyFreelancer (if you are a customer) or booking payments paid to you by customers (if you are a freelancer)
22.15. All users agree that the use of the services is entirely at your own risk. The information, programs, products, and materials contained in or accessed on the BeMyFreelancer platform or site, including, without limitation, the services and the BeMyFreelancer content, are provided to user on an 'as is' basis and without warranty of any kind. BeMyFreelancer disclaims all warranties, expressed or implied, with respect to the services, the BeMyFreelancer site, the BeMyFreelancer content and related materials provided hereunder including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. BeMyFreelancer does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. BeMyFreelancer makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the services. BeMyFreelancer disclaims any warranties for other services or goods received through or advertised on the services, or accessed through any links on the services. BeMyFreelancer disclaims any warranties for viruses or other harmful components in connection with the services
23. Indemnification
23.1. All users agree and confirm to indemnify, defend, and hold harmless BeMyFreelancer against any and all liabilities incurred in connection with your use or inability to use, or your participation on the BeMyFreelancer platform. Freelancer’s participation in any/all bookings or freelancer’s ability or inability to perform or obtain the performance of a booking or to receive payment therefore, your breach or violation of this agreement. Any content submitted by you or using your account to the BeMyFreelancer platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful and if you are a customer, the acts or omission of any customer’s agents.
23.2. BeMyFreelancer reserves the right, in its sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle and claim or matter without prior consent of BeMyFreelancer
23.3. All users will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors and employees harmless from and against and all actual or threatened third-party suits, actions, proceedings, claims, damages, payments, deficiencies, fines, judgements, settlements, liabilities, losses, cost and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to your conduct, your violation of this agreement of any user content you share
24. Severability
24.1. If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
25. Licensing
25.1. Freelancers are solely responsible for identifying and obtaining any mandatory licenses, permits, or registrations before offering services and performing any jobs
25.2. Certain types of jobs and services may be prohibited altogether, it is the responsibility of freelancers to avoid such prohibited jobs and services. Penalties may include fines or other law enforcement
25.3. If users have any questions how national/state law applies to your jobs or services on BeMyFreelancer platform, users should first seek appropriate legal guidance or advice
25.4. Because BeMyFreelancer does not supervise, scope, direct, control or monitor a freelancer’s work or performance of jobs or services, customers must determine for themselves whether a freelancer is qualified to perform a specific job or service at hand
25.5. Customers may wish to consult their national/state requirements to determine whether certain jobs or services are required to be performed by a licensed or otherwise a registered professional
25.6. Customers may also discuss with their freelancer any specific hazards, obstacles, or impediments at the job location (both visible or concealed) that may impact the performance of job or service
25.7. As between you and BeMyFreelancer, BeMyFreelancer shall own all title, ownership rights, and intellectual property rights in and to the services, and any copies or portions thereof. Subject to your compliance with the terms of use, BeMyFreelancer grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the website and to download, install and use a copy of the application on a single mobile device or computer that you own or control and to run such copy of the application solely for your own personal or internal business purposes
26. Insurance
26.1. BeMyFreelancer does not offer users an opportunity to obtain insurance for any jobs or bookings.
26.2. Users may obtain insurance through a third party service and all insurance policies will be governed by terms set out by the third party service.
26.3. Each user must make its own enquiries about whether any insurance is required and users remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the services provided to other users BeMyFreelancer.
27. Waiver
27.1. Any waiver of any facility of this agreement, or a postponement by any party in the enforcement of any right, shall neither be interpreted as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right
28. Notices
28.1. All users consent to receive any agreements, notices, disclosures and other communications (collectively, “notices”) to which this agreement refers electronically, including without limitation by email or by posting notices on the sites
28.2. All users agree that all notices that BeMyFreelancer provide to you electronically satisfy any legal requirement that such communications be in writing
28.3. Unless specified in this agreement, all notices under this agreement will be in writing and will be issued by email under BeMyFreelancer’s email address as displayed on BeMyFreelancer platform
28.4. Any notice shall be deemed given, if sent by email, 24 hours after email is sent, unless the user is notified that the email address is invalid or the email is undeliverable
28.5. Notices related to a performance of third-party service must be delivered to such third party as set out in third party service provider’s terms and conditions
29. Dispute resolution
29.1. BeMyFreelancer encourages you to attempt and resolve any disputes which may arise (including refunds and returns) with other users directly. If a dispute arises between users, the users will attempt to resolve the dispute within 14 days by informal negotiation (by email, phone or otherwise)
29.2. BeMyFreelancer may, in its absolute discretion, provide your information as it deems appropriate to others parties involved in the dispute
29.3. BeMyFreelancer reserves the right to hold any agreed price that is subject of a dispute in the payment account, until the dispute is resolved
29.4. BeMyFreelancer may choose to assist users to resolve disputes. Users may refer a dispute to BeMyFreelancer, users must co-operate with any investigation undertaken by BeMyFreelancer. BeMyFreelancer reserves the right to make a final determination (acting reasonable) based on the information supplied by the users and direct the payment provider to make payment accordingly
29.5. You may raise your dispute with the other user or BeMyFreelancer determination in an applicable court or tribunal
29.6. If you have a complaint about BeMyFreelancer service, please contact our customer support
29.7. If BeMyFreelancer provides information about other users to you for the reasons of resolving disputes, users agree and confirm that such information will only be used for the sole reasons of resolving a dispute (and no other purpose) and that you will be responsible and liable to BeMyFreelancer for any costs, losses, or liabilities incurred by BeMyFreelancer in relation to any claims relating to any other use of information not permitted by this agreement
30. No agency; no employment
30.1. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this agreement
30.2. All users have no authority to bind BeMyFreelancer in any way what so ever
30.3. BeMyFreelancer confirms all third-party service providers that may be promoted on the BeMyFreelancer platform are provided exclusively by third-party providers. To the extent permitted by law, BeMyFreelancer disclaims all liability for any loss or damage incurred by you in any manner due to performance or non-performance of such third-party service
31. Modifications of agreement
31.1. BeMyFreelancer reserves the right, at its sole discretion to change, modify, update, suspend, discontinue or delete any terms and conditions of this agreement and policies (and update the BeMyFreelancer pages on which this agreement is displayed)
31.2. BeMyFreelancer will notify of such changes to this agreement by email, through your BeMyFreelancer account or advise you the next time you log in, and will not be liable for any failure to do so
31.3. When you actively agree to modify terms or use the BeMyFreelancer platform in any manner or engaging in any bookings or services, the updated terms of the agreement will be in effect immediately. In all other cases, the updated terms of the agreement will automatically be effective 30 days after users are initially notified
31.4. If users do not agree to any future modifications to this agreement, or unacceptable to you, or cause you to no longer agree, you must deactivate your account and immediately stop using the BeMyFreelancer platform. If users continue to use the BeMyFreelancer platform following any revision to this agreement constitutes your complete and binding acceptance of any and all such changes
31.5. BeMyFreelancer may also impose limits on certain features or restrict your access to part or all of the BeMyFreelancer platform without notice or liability
32. No assignment
32.1. This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by user, but may be so transferred, assigned or delegated by BeMyFreelancer
33. Choice of law
33.1. This agreement is governed by and interpreted in accordance with the laws of australia, consistent with the federal arbitration act
34. Intellectual property rights
34.1. All text, graphics, editorial content, data, formatting, graphs, designs, html, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including BeMyFreelancer designs, trademarks, and logos (collectively “proprietary material”) that users see or read through the BeMyFreelancer platform is owned by BeMyFreelancer, excluding user generated content
34.2. Proprietary material is protected in all forms, media and technologies now known or hereinafter developed. BeMyFreelancer owns all proprietary material, as well as the coordination, selection, arrangement and enhancement of such proprietary material
34.3. The proprietary material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the BeMyFreelancer platform without BeMyFreelancer’s express prior written consent. Any use of such proprietary material other than as permitted herein is expressly prohibited
34.4. The service marks and trademarks of BeMyFreelancer, including without limitation BeMyFreelancer, BeMyFreelancer for good, and associated logos, are service marks owned by BeMyFreelancer. Any other trademarks, service marks, logos and/or trade names appearing via the BeMyFreelancer platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner
34.5. The materials and services provided for and depicted on the BeMyFreelancer site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data, software or other content on the BeMyFreelancer site ("BeMyFreelancer content") is provided to user by BeMyFreelancer for the sole purpose of using the services. Users shall not copy, display, modify, create derivative works of, publish, rent, lease, redistribute, sublicense, sell, decompile or reverse-engineer the BeMyFreelancer content or any information, software, or services provided by BeMyFreelancer hereunder
34.6. The BeMyFreelancer content may be modified from time to time by BeMyFreelancer in its sole discretion. Except as expressly set forth herein, no license is granted to user for any other purpose, and any other use of the services or the BeMyFreelancer content by user shall constitute a material breach of this agreement. Nothing in this agreement shall affect any rights of BeMyFreelancer or its licensors in the services or BeMyFreelancer content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights
34.7. No license, right or interest in any trademarks of BeMyFreelancer or any third party is granted under this agreement. If you violate any of the foregoing restrictions, your right to use of the services will immediately cease, and you will have infringed the copyright and other rights of BeMyFreelancer, which may subject you to prosecution and damages. BeMyFreelancer reserves all rights not expressly granted to you in these terms
35. Confidential information
35.1. All users agree and confirm that confidential information as defined below is a valuable, special and unique asset of BeMyFreelancer and agree that you will not, for the lifetime of your account on BeMyFreelancer plus 10 years thereafter, disclose, transfer, or use (or seek to induce other users to disclose, transfer of use) any confidential information for any purpose other than use of BeMyFreelancer
35.2. All users should use best efforts to protect all confidential information against unauthorized disclosure, transfer or use
35.3. User should immediately notify BeMyFreelancer of any circumstances that may constitute unauthorized disclosure, transfer, or use of confidential information
35.4. The term “confidential information” shall mean any and all of BeMyFreelancer’s trade secrets, confidential and proprietary information, and all other information and data of BeMyFreelancer that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary materials and confidential information relating to BeMyFreelancer or BeMyFreelancer’s business, operations or properties, including information about BeMyFreelancer’s staff, users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation
36. Copyright issues
36.1. BeMyFreelancer respects the intellectual property of others and expects users to do the same. If users believe that any material provided on or in connection with the BeMyFreelancer platform has infringed upon your copyright or other intellectual property right please contact our customer support
36.2. A description of the copyrighted work that you claim has been infringed, including the url (internet address) or other specific location on the BeMyFreelancer platform where the material you claim is infringed is visible. Include enough information to allow BeMyFreelancer to locate the material, and explain why you think an infringement has taken place
36.3. A description of the location where the original or an authorized copy of the copyrighted work exists - for example, the url (internet address) where it is posted or the name of the book in which it has been published
36.4. Your name, address, telephone number, and e-mail address
36.5. A statement by you that you have in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
36.6. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf
36.7. Your signature as the owner of the copyright or the person authorised to act on behalf of the owner of the copyright issues
37. Electronic communications
37.1. All users agree to use electronic means to communication with each other, whether you visit the platform or send us emails or BeMyFreelancer posts announcements on any service or communicates with you through email.
37.2. For contractual purposes all users consent to receive communications from BeMyFreelancer in an electronic form
37.3. All users agree that all terms and conditions, agreements, notices, disclosures, and other communications that BeMyFreelancer provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect any non-waivable rights
38. Refer a friend
38.1. BeMyFreelancer operates a referral program through a third party referralcandy (referralcandy.com). For additional details users can read referral candy’s privacy policy and terms and conditions
38.2. To qualify for the BeMyFreelancer referral program cashback offer, referring a customer, users must share the offer
38.3. Referred person must be a BeMyFreelancer member
38.4. Use the referral link sent by referring customer to obtain a promo code
38.5. Referral link will be valid for 90 days from the day promo code is sent to the referral customer
38.6. Abuse of this offer will result in BeMyFreelancer revoking referring customer’s promo code. In addition, both parties will be unable to participate in this and any future promotions
38.7. Abuse includes but not limited to, placing and/or promoting referral links on websites that take advantage of referral traffic generated from coupon codes; creating and/or referring fraudulent accounts
38.8. At any time BeMyFreelancer may modify or terminate the referral program without notice
39. Location
39.1. This platform is controlled by BeMyFreelancer from its facilities in australia, and BeMyFreelancer makes no representations that the platform is appropriate or available for use in other locations
40. Feedback
40.1. All users can contact our customer support about any comment made on the BeMyFreelancer platform
40.2. BeMyFreelancer reserves the right to suspend and terminate any user’s account if BeMyFreelancer in its absolute discretion is concerned by any feedback provided by user about you or considers your rating or review to be problematic for other BeMyFreelancer users
41. Use of service: no medical advice
41.1. All users acknowledged and agree that BeMyFreelancer’s services are intended for use only by individuals healthy enough to perform strenuous exercise and may not be suitable or recommended to all individuals including but not limited to, pregnant women or people who suffer from underlying medical condition or who have specific dietary needs
41.2. All users who are using our services confirm the following statements are accurate or true:
41.2.1. No physician has ever informed you that you have a medical condition (such as heart condition) where strenuous exercise is not suitable or that you should only do physical activities recommended by a physician
41.2.2. You have never felt chest pain when engaging in physical activity, you have not experienced chest pain when not engaged in physical activity at any time within the past month
41.2.3. You have never lost your balance because of dizziness and you have never lost consciousness
41.2.4. You do not have a bone or joint problem that could get worse by a change in your physical activity
41.2.5. You do not have a bone or joint problem that could be made worse by a change in your physical activity
41.2.6. Your physician is not currently prescribing drugs for your blood pressure or heart condition
41.2.7. You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems
41.2.8. You are not pregnant, breastfeeding or lactating
41.2.9. You do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and you do not know of any other reasons you should not exercise
41.3. Before using BeMyFreelancer services, you should consult your doctor or other professional healthcare provider. The use of services on the BeMyFreelancer platform will be solely at your own risk. If you think you may have a medical emergency please call 000 immediately
41.4. If at any time during your exercise workout you do not feel well, make sure you stop immediately and seek medical advice if required
41.5. All users acknowledge and agree nor BeMyFreelancer or its freelancers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly from any of freelancer’s recommended workout plans or exercises or nutrition plans. Freelancers may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form
42. Email policy
42.1. Users may receive emails from BeMyFreelancer from time to time. If you would rather not receive email from BeMyFreelancer, please unsubscribe either by clicking on the “unsubscribe” link at the bottom of the email
42.2. Users acknowledge and agrees that users will still receive session confirmation emails session change confirmation emails, session cancellation confirmation emails, account change confirmation emails and other emails relating to sessions booked by user through the BeMyFreelancer platform or changes made to your account through the BeMyFreelancer platform, even if user has opted not to receive periodic email from BeMyFreelancer
42.3. User will never receive email from any third-party affiliated to BeMyFreelancer. In accordance with our privacy policy, we do not share any of your individual information without your prior consent
43. Acknowledgement and consent
I hereby acknowledge that i have read and understand the foregoing terms and conditions of service, as well as the privacy policy and agree that my use of the BeMyFreelancer platform is an acknowledgment of my agreement to be bound by the terms and conditions of this agreement
Revised April 2023 copyright BeMyFreelancer 2022
