About the Application

Welcome to Flek Australia, a platform created to connect freelance workers and companies with flexibility, cost efficiency, reduced administrative burden, reduction of company's exposure to risks, and no need of permanent staffing levels. The apps Flek Business and Flek Freelas are operated by Flek Technologies LTD PTY (ACN 675 619 164). Access to and use of the Applications, or any of its associated Products or Purchase Services, is provided by Flek Australia. Please read these terms and conditions carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Purchase Services, immediately. Flek Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Flek Australia updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by using or browsing the Flek Freelas or Flek Business apps. You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions where this option is made available to you by Flek Australia in the user interface.

Registration to use the Purchase Services

In order to access the Services, you must first register as a user of the Application. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email address
• Preferred username
• Personal details such as name, date of birth, etc.
• Mailing address
• Telephone number
• Password
• Bank Account Details
• Tax File Number
• Australian Business Number
• white card (or general construction induction card)
• Australian Company Number
• Passport
• Visa Details
• Police Check/National Crime Check

You warrant that any information you give to Flek Australia in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Flek Australia community (Freela or Company) and agree to be bound by the Terms and Conditions. As a Freela or a Company, you will be granted immediate access to the Services. You may not use the Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Flek Australia; or
• you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services

Your obligations as a User

As an user of the Flek Freelas or Flek Business app, you agree to comply with the following:

• You will use the Services only for purposes that are permitted by:
• The Terms and Conditions;
• Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation and banning of the Account;
• Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Flek Australia of any unauthorized use of your password or email address or any breach of security of which you have become aware;
• Access and use of the Apps is limited, non-transferable and allows for the sole use of the Apps by you for the purposes of Flek Australia providing the Services;
• You will not use the Services offered or Apps for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Application;
• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Flek Australia for any illegal or unauthorized use of the Applications; and
• You acknowledge and agree that any automated use of the Applications or its Services is prohibited.

Copyright and Intellectual Property

The Applications, the hire and management of labor services and all of the related products of Flek Australia are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Flek Australia or its contributors. Flek Australia retains all rights, title and interest in and to the Applications and all related content. Nothing you do on or in relation to the Applications will transfer to you:

• the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Secret; or
• the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
• Aa system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Flek Australia and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Applications, which are freely available for re-use or are in the public domain. Subcontractors acknowledge and agree that they are independent contractors and not employees of the Company. Flek and the Company are not liable for any damages caused by subcontractors. It is mandatory subcontractors obtain appropriate insurance coverage to protect themselves and mitigate potential risks associated with their work.

General Disclaimer

You acknowledge that Flek Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms and Conditions. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions are excluded; and
• Flek Australia will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Applications, the Purchase Services, and any of the products of Flek Australia, is at your own risk. Everything on the Applications, the Services, and the Products of Flek Australia, are provided to you on an "as is" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers, subcontractors, or licensors of Flek Australia make any express or implied representation or warranty about its Content or any Services (including the products or Purchase Services of Flek Australia) referred to on the Applications. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus, or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorized access to records;
• The accuracy, suitability, or currency of any information on the Application, the Purchase Service, or any of its Content related products (including third-party material and advertisements on the Application);
• Costs incurred as a result of you using the Application, the Purchase Services, or any of the Products;
• The Content or operation in respect to links which are provided for the User's convenience;
• Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
• Any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Competitors

If you are in the business of providing similar services of managing and hiring labor workforce for the purpose of providing them to users for commercial gain (especially including Labour Hires), whether business users or domestic users, then you are a competitor of Flek Australia. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Flek Australia will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Limitation of Liability

Flek’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Flek is the resupply of information or Purchase Services to you. You expressly understand and agree that Flek, its affiliates, employees, agents, contributors, third-party content providers, subcontractors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss. Flek is not responsible or liable in any manner for any site content (including the Content or third-party content) posted on the Application or in connection with the Purchase Services, whether posted or caused by users of the Application of Flek, by third parties, or by any of the Purchase Services offered by Flek.

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms and Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• Within 28 days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Sydney, New South Wales, Australia.

Limitation of Liability

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 2 months have elapsed after the start of mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Flek Australia are intended to be viewed by residents of New South Wales. In the event of any dispute arising out of or in relation to the Applications, you agree that the exclusive venue for resolving any dispute shall be in the courts of NSW, Australia.

Governing Law

The Terms are governed by the laws of NSW, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of NSW, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Registration and Use of the Platform

Companies can register and use the Company App to post available shifts. Subcontractors can register and use the Subcontractor App to apply for shifts. All Users are responsible for maintaining the confidentiality of their login credentials and are liable for all activities that occur under their account.

Posting and Applying for Shifts

Companies can post available shifts only through the Company App, specifying details such as location, duration, pay rate, and required skills. Subcontractors can browse available shifts in the Subcontractor App, filtering by location, industry, and other criteria, and apply for shifts that match their skills and availability. Subcontractors must provide accurate and truthful information when applying for shifts, ensuring compliance with the requirements specified by the company.

Exclusive Use of Platform

• Exclusivity: By using the platform for hiring labor, the Company agrees to exclusively employ the services provided through the application. Hiring or paying compensation through any means other than the platform will result in the immediate suspension of the Company's account, as well as the imposition of a fine of AUD 10,000.
• Responsibility: The Company acknowledges and agrees that it is solely responsible for ensuring that all labor hiring transactions are conducted strictly within the provided platform. Any breach of this clause will subject the Company to the penalties described above, without prejudice to any other measures the platform may take to protect its interests and the integrity of its services.
• Fine: The AUD 10,000 fine will be imposed for each breach of the exclusivity clause, without prejudice to the platform's right to pursue other legal or equitable remedies available to remedy the breach.
• Acceptance: By using the platform's services for labor hiring, the Company expressly agrees to the terms and conditions set forth in this exclusivity clause, acknowledging the consequences of violating these terms.

Penalty for Unjustified Non-Appearance Clause

• Non-Appearance Penalty: In the event of unjustified non-appearance by a Flek Freela freelancer to a scheduled shift, the freelancer will be subject to a penalty of AUD $100.
• Suspension: Upon occurrence of the unjustified non-appearance, the user's account will be suspended from the platform until the user provides a valid justification for the non-appearance or pays the penalty.
• Penalty Reversion: The penalty amount will be reverted in favor of the company as compensation for the inconvenience caused by the non-appearance.
• Justification Submission: To lift the suspension, the user must either present a valid justification for the non-appearance or pay the penalty amount in full.
• Consequences of Non-Payment: Failure to provide a valid justification or pay the penalty within the stipulated timeframe may result in further actions, including but not limited to permanent suspension of the user's account or legal recourse.
• Acceptance: By using the platform's services, the user expressly agrees to abide by the terms and conditions set forth in this clause regarding penalties for unjustified non-appearance.

Certification and Training

Subcontractors must possess all necessary certifications and training required for the functions within the four main areas of work: Cleaning, Construction, Hospitality, Transport & Logistics, in accordance with relevant industry standards and regulations.

Shift Completion

After completing a shift, subcontractors must perform the checkout process in the Subcontractor App, providing accurate entry and exit times, as well as any break times taken.

Approval and Dispute Resolution

Companies are responsible for reviewing and approving the subcontractor's checkout details within a reasonable time frame. In case of disagreement with the checkout details, the company must provide a counterproposal within 24 hours. If the subcontractor does not agree with the counterproposal, the case will be escalated to Flek's moderation team for resolution.

Payment

Upon approval of the checkout by the company, a counterproposal by the subcontractor, or an agreement between the parties, an invoice will be generated in 24 hours. Companies must make payment of this invoice within 5 business days of its issuance, in compliance with payment terms under the Fair Work Act 2009. Flek will process payment to the subcontractor's designated bank account within 24 hours of receipt of funds from the company, counting on business days.

Personal Data and Privacy

During the use of this website, certain personal data will be collected and processed by Flek and/or its Partners. The rules related to the processing of personal data by Flek are stipulated in the Privacy Policy.

Flek Australia takes your privacy seriously and any information provided through your use of the Applications and/or the Services are subject to Flek’s Privacy Policy, which is available at our Privacy Policy.

Contact

If you have any questions about the Terms of Use, please contact us at [email protected].