Last update: 15/10/2024
About the Application
Welcome to Flek Australia, a platform created to connect 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:
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:
On-Hire Worker Status and Platform Usage
By using the Flek platform, the user agrees to be automatically classified as an on-hire worker of Flek Australia when engaging in any work or service transactions through the platform. This classification ensures that all engagements, including payments and contracts, are conducted transparently and securely within the Flek platform.
It is strictly prohibited to engage in any financial transactions, fee arrangements, or compensation transfers outside of the Flek platform. Any attempt to move funds or conduct business outside the platform will be considered a violation of these Terms and Conditions, leading to potential suspension or termination of the user’s account and possible legal action.
Conversion Fee for Direct Hire of On-Hire Workers
If a user of the Flek platform, whether an individual or a company, wishes to employ directly any worker initially contracted through Flek (hereafter referred to as an “on-hire worker”), a conversion fee of AUD$ 10,000.00 will apply. This fee compensates FLEK TECHNOLOGIES PTY LTD for the facilitation of the relationship and the services provided by the platform.
The conversion fee is due and payable upon the acceptance of the direct employment offer by the on-hire worker. The direct hire of any on-hire worker without adhering to this conversion fee requirement will be considered a breach of these Terms and Conditions, leading to potential legal action and possible suspension or termination of the user’s access to the Flek platform.
Your obligations as a User
As an user of the Flek Freelas or Flek Business app, you agree to comply with the following:
Payments and Wages
Payments are governed by the following rules:
Pricing
The fee for utilizing Flek’s platform services are (plus GST):
Payment
The payment to the subcontractor r is contingent upon the payment of the invoice by the company. Once the payment has been received, the subcontractor will be paid within three business days.
Flek, acting as an intermediary in the provision of services, is not responsible for the payment of any amounts owed by the company to the subcontractor for the completion of the shift.
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:
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:
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:
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:
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
Penalty for Unjustified Non-Appearance Clause
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].
Contact us
Customer service
All rights reserved ©