TERMS OF USE

Please read these Terms of Use carefully, they contain important information about your rights and obligations in accessing and using FindMyFreelancer.com (“our website”). These Terms of Use govern your use of our website and your subscription to the services available through our website (the “Service”, “Service Account”) provided by Circle Business Consulting Pty. Ltd. ,15/103 George Street, Parramatta, NSW, 2150, 1300-978-073 (“FindMyFreelancer”, “we” or “us”) to you.

Each time you use our website, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. If you are entering into this Terms of Use on behalf of a company or other legal entity, you represent you have the authority to bind such entity to these Terms of Use, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms of Use, you may not use our website or Service. Please see our Privacy Statement, which is incorporated into these Terms of Use by reference.

1. OUR SERVICE

1.1 Our website and Service provided to you through our website are provided on an AS IS basis. You agree that FindMyFreelancer exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. FindMyFreelancer shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. FindMyFreelancer also reserves the right to control the amount of sales to the service at its sole discretion.

1.2 Unless explicitly stated, any new features, including new content and Services, shall be subject to these Terms of Use.

1.3 If any modification of the Service is unacceptable to you, your only recourse is to cancel your subscription. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.

2. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS

In order to purchase the Service, you must register on our site, agree to provide truthful information when requested, be at least the age of eighteen (18) or older, and follow the purchase procedure displayed in “Order/Pricing” and described below in Clause 5. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

3. PRIVACY POLICY

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement.

4. SERVICE ACCOUNT AND PASSWORD

4.1 The Service is supplied to you via a Service Account in consideration of the payment of the price defined in Clause 5.1.

4.2 After receipt of your payment in accordance with Clause 5.4, FindMyFreelancer will create a Service Account in your name by which you will be permitted to access the Service in accordance with these Terms of Use.

4.3 The Service Account is accessed by an individual password that will be sent to you on receipt of payment of the price and in accordance with these Terms of Use.

4.4 You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your password, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your Service Account or password.

4.5 When using a public computer, you must sign out when you have finished using our website.

4.6 You may only open one Service Account and you agree that the operation of your Service Account is exclusive to you. Furthermore you agree that only you will receive the Services via your Service Account. NOTE: This includes Recruiting agencies. If your company uses our service to hire a worker for a DIFFERENT company….i.e., a client of your agency, that is considered a breach of our terms. You may only hire for your OWN company, not for that of a client, or any other 3rd party.

4.7 By allowing others to use your Service Account and/or password you will be in breach of these terms and conditions and FindMyFreelancer will be entitled to terminate this Agreement in accordance with Clause 10.

4.8 Delivery times of your account should be within 10 minutes of ordering. However, this delivery time is an estimate and may vary due to exceptional or unforeseen circumstances.

4.9 In the unlikely event that you have not received access to your account within 30 minutes from acceptance of your order, or if you have any complaints, please contact us via [email protected] or by regular mail to FindMyFreelancer, 15/103 George Street, Parramatta, NSW, 2150

5. PRICES AND PAYMENT

5.1 Prices charged are as shown on the website at the time and date of your purchase. We may change the price of the Service before you place an order for a subscription. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Service’s price is higher than stated in your order and you may cancel the order.

5.2 Prices are shown in US Dollars on the website.

5.3 All the prices shown are inclusive of any taxes.

5.4 Before your order can be accepted we must receive payment in full. Payment shall only be deemed to have occurred once we are in receipt of cleared funds.

5.5 When ordering via the website, you must pay by credit or debit card at the time of the order. We accept Visa, MasterCard, American Express, and Discover.

5.6 We do not accept payment by mail or fax.

5.7 You confirm that all details provided by you to us for the purpose of purchasing the Service will be correct. We reserve the right to obtain validation of your credit or debit card details before providing the Service to you.

5.8 We may refuse any order placed by you.

6. REFUNDS

You expressly acknowledge that all Services are non-refundable. However, in accordance with our 100% satisfaction guarantee, we will honor refunds for customers that have a legitimate grievance against the site. Only the most recent subscription payment will be refunded (i.e., the last payment made to FindMyFreelancer.com will be the only payment refunded), and no payment older than 31 days will be refunded. One refund per customer.

7. LICENSE GRANT & RESTRICTIONS

7.1 Upon satisfactory payment as described in Article 5, FindMyFreelancer hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Terms of Use. All rights not expressly granted to you are reserved by FindMyFreelancer.

7.2 You may not access the Service if you are a direct competitor of FindMyFreelancer. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other bench-marking or competitive purposes.

7.3 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features or graphics of the Service.

7.4 You are only permitted to use the Service personally and agree to do so without the use of any automated means including but not limited to the use of robotic tools except where permission has been expressly granted by OnlineJobs.

7.5 You shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks.

8. INTELLECTUAL PROPERTY OWNERSHIP

Flowing Air Studios LLC alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights including unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world, in and to the FindMyFreelancer.com technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) and Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Terms of Use is not a sale and does not convey to you any rights of ownership in or related to the Service, FindMyFreelancer.com technology or the intellectual property rights owned by FindMyFreelancer.com . The FindMyFreelancer.com name, the FindMyFreelancer.com logo, and the product names associated with the Service are trademarks of Circle Business Consulting Pty. Ltd. or third parties, and no right or license is granted to use them.

9. INTELLECTUAL PROPERTY OWNERSHIP

Goods and services of third-parties may be advertised and/or made available on or through this website. During the use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of such third-parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. FindMyFreelancer does not endorse any sites on the Internet that are linked through the Service. FindMyFreelancer provides these links to you only as a matter of convenience, and in no event shall FindMyFreelancer be responsible for any content, products, or other materials on or available from such sites.

10. TERMINATION

10.1 You may cancel your subscription for any Service you have purchased from us, for any reason (including if you simply change your mind) by cancelling your subscription. You can simply login to your paypal account, then find the “subscription creation” line item in your history. Click it, then click on the “unsubscribe” button.

It is the responsibility of the end user to cancel their own recurring subscriptions. Cancellation requests via email are also possible, but due to limitations of email, if you do not receive a cancellation confirmation from us, then assume that your subscription is not canceled!

10.2 After cancelling, you will be granted access to the Service through the time period for which you have already paid.

10.3 Any breach of your payment obligations or unauthorized use of the Service or FindMyFreelancer.com will be deemed to be a material breach of this Terms of Use. FindMyFreelancer in its sole discretion may terminate your password, Service Account or use of the Service if you breach or otherwise fail to comply with this Terms of Use.

10.4 We reserve the right to terminate this agreement or discontinue the Service or any portion or any feature of it for any reason and at our sole discretion.

10.5 In the circumstances outlined in Clause 10.3 we will not provide a full refund of any unexpired term of the price paid.

10.6 Upon termination you must delete all output of the Service in your possession or control (including from your website and your servers).

10.7 Upon termination of this agreement all rights and obligations of FindMyFreelancer and you under the agreement will be extinguished.

10.8 If you share access to FindMyFreelancer.com through your own account with other parties, we reserve the right to seek civil damages and losses that result in that shared access. You, and only you, have the right to access FindMyFreelancer.com through your own account.

11. INDEMNIFICATION

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or Service, your violation of these Terms of Use or any other violation of the rights of another person or party.

12. DISCLAIMER OF WARRANTIES

12.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

13. INTERNET DELAYS

The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. FindMyFreelancer.com is not responsible for any delays, delivery failures, or other damage resulting from such problems.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR DAMAGES OF ANY TYPE OR KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

15. ADDITIONAL RIGHTS

Certain states and/our jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain types of damages, so the exclusions set forth above may not apply to you.

16. LOCAL LAWS

We make no representation that the Service is appropriate or available for use in locations outside the Australia. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you.

17. NOTICES

17.1 Notices shall be given to us via email at [email protected] or to you at either the email or address you provided to us during the ordering or registration process.

17.2 Notices will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) or 3 days after the date of posting.

18. APPLICABLE LAW

You agree that this Terms of Use and any dispute arising out of your use of this website or our Services shall be governed by and construed in accordance with Utah law, without regard to its conflict of law provisions. By registering or using this website and Service you consent and submit to the exclusive jurisdiction and venue of the county or city of FindMyFreelancer’ headquarters.

19. MISCELLANEOUS INFORMATION

19.1 In the event that these Terms of Use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and intact.

19.2 The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any party’s right and that right will remain in full force and effect.

19.3 You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or the Services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.

19.4 We may assign our rights and obligations under these Terms of Use and we shall be relieved of any further obligation.

19.5 These Terms of Use comprise the entire agreement between you and FindMyFreelancer and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.