The Company provides the FreeFace mobile application requesting, providing and receiving references or recommendations. Use of FreeFace is subject to the following Terms of Service - Version 1.1 Issued 1st February 2018.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
(a) ABN means Australian Business Number.
(b) Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
(c) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
(d) Candidate means a registered user of FreeFace that uses the features associated with a Candidate user type.
(e) Company means FreeFace Pty Ltd ABN 15 600 844 004.
(f) Digital Resume means a Candidate’s Digital Resume created and accessible within FreeFace.
(g) Fee means a fee charged by the Company for use of FreeFace.
(h) FreeFace means:
i The FreeFace mobile application; and/or
ii The FreeFace website accessible from:
(i) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(j) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit
layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
(k) Privacy Act means the Privacy Act 1988 (Cth).
(m) Profile means a User profile within FreeFace.
(n) Client means a registered user of FreeFace that uses the features associated with a Client user type.
(o) Referee means a registered user of FreeFace that uses the features associated with a Referee user type.
(p) Introduction means a video created within FreeFace by the Candidate introducing themselves to other Users.
(q) Reference means a video created within FreeFace describing a Candidate, and includes an Introduction.
(r) Request means a request to create or view a Reference sent by a Candidate.
(s) Showreel means a compilation of a Candidate’s References.
(t) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(u) Terms of Service means the terms and conditions of using FreeFace, as updated from time-to-time, which can be found at:
(v) TPS means an online third-party service provider with whom a User holds an account.
(w) User means any registered Candidate, Client or Referee that uses FreeFace.
(x) User Content means images, video, information, documents or other data that is uploaded or input into FreeFace by the User
or that forms part of the User’s Intellectual Property, and includes (without limitation) References and Digital Resumes.
1. USING FREEFACE
(a) To use FreeFace, the User must log into FreeFace and have set up their account to be able to use all services of FreeFace. Failure to do so will limit features to that associated with providing a Reference only.
(b) The User agrees that all use of FreeFace is subject to these Terms of Service.
(c) FreeFace is available to Users over the age of 18. Users under the age of 18 must not use FreeFace without their parent or legal guardian’s consent.
(d) The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.
(e) A User may use FreeFace as a Candidate, Client of Referee.
(f) The Company endorses equal opportunity and anti-discriminatory employment practices by Users of FreeFace. The Company shall not be responsible for the employment practices of any User, and may suspend any User that the Company determines has used FreeFace in a way that does not align with the principles of equal opportunity and diversity.
(a) FreeFace may allow a Candidate to:
i Create and manage their Profile;
ii Create and manage their Digital Resume;
iii Create a Video Introduction of themselves (i.e. a Reference);
iv Send Requests (i.e. send request to obtain References);
v Create a ShowReel; and
vi Any other features the Company enables a Candidate to use from time-to-time.
(b) FreeFace may allow a Referee to:
i Receive Requests from Candidates;
ii Create and manage a FreeFace account;
iii Create References; and
iv Any other features the Company enables a Referee to use from time-to-time.
(c) FreeFace may allow a Client to:
i Receive Requests to view a Candidate’s Digital Resume and ShowReel of References;
ii Create and manage a FreeFace account;
iii Request additional References from a Candidate;
iv Respond to Candidates; and
v Any other features the Company enables a Client to use from time-to-time.
1.3 References and Digital Resumes
(a) A Candidate may create an Introduction and a Digital Resume for themselves.
(b) A Candidate may send Requests to a Referee’s email address in order to request a Reference. Such a Request will include an invitation for the Referee to download FreeFace and thus join FreeFace, in order to provide a Reference for the Candidate.
(c) By sending a Request the Candidate confirms that they are authorised by the Client to contact them via FreeFace. The Candidate must not use FreeFace to send a Request if doing so would breach the Privacy Act.
(d) In order to provide or view a Reference in response to a Request, the Referee must download FreeFace to their mobile device.
(e) By creating a Reference within FreeFace the Referee authorises the Candidate to:
i Distribute the Reference to Clients via FreeFace; and
ii Make the Reference accessible to other Users on the Candidate’s Profile.
(f) Once the Referee has created a Reference using FreeFace, the Candidate shall be notified, and be able to:
i Access the Reference;
ii Include the Reference in a ShowReel;
iii Include the Reference on the Candidate’s Profile; and
iv Share the reference with Clients.
(g) In order to ensure any recommendations contained in a Reference remain current, FreeFace shall automatically remove References 12 months after the date they were created.
The User acknowledges and accepts that:
(a) The Company accepts no responsibility for the conduct of any User of FreeFace.
(b) The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via FreeFace or not.
(c) The Company makes no warranty or representation as to the accuracy of any information provided by any User.
(d) The Company makes no warranty as to the character or credentials of any User.
(e) No User may use FreeFace in a manner that is threatening, discriminatory, or deliberately offensive to another user, and shall indemnify the Company in relation to a claim that arises from such use.
1.5 Lodging a Complaint
(a) If a User believes that another user’s behaviour is threatening, discriminatory, or deliberately offensive, the User may lodge a complaint to the Company via our website at
(b) The Company may suspend or delete the account of any User that FreeFace determines conducts itself inappropriately or contrary to the terms of this document.
(c) The Company will advise the User of a suspended or deleted account of the decision to do so, but is under no obligation to identify a complainant.
(d) The Company’s decision whether or not to suspend or remove a User account is at its absolute discretion. The Company’s decision shall be final and not subject to review.
2 User Content
2.1 The User acknowledges and agrees that:
(a) FreeFace may enable the User to create User Content, but that by doing so the User shall not acquire an interest in any Intellectual Property owned by the Company, which may exist in FreeFace.
(b) User Content is the sole responsibility of the person that provided the User Content to FreeFace.
(c) The User indemnifies the Company for any User Content that is illegal, offensive, indecent or objectionable that the User makes available using FreeFace.
(d) The Company may suspend accessibility to User Content via FreeFace that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
(e) To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content.
(f) The User warrants that it has all necessary Intellectual Property Rights to use User Content, and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property Rights by using User Content on FreeFace.
2.2 The Company may edit or remove any User Content (including a Reference) that is:
(a) Indecent, offensive or objectionable;
(b) Inaccurate or misleading; or
(c) Otherwise in breach of any law or regulation.
3 Fees, Payments & Refunds
(a) Each Fee applies in accordance with such features and/or services subscribed for by the User in accordance with the pricing described on http://www.freeface.co/pricing or as otherwise agreed with the Company.
(b) The User agrees to make payment in advance for all Fees due at such frequency, or on such dates as the User has subscribed for.
(c) All payments shall be made via the online payment gateway used by FreeFace, or in such other manner as the Company may direct from time-to-time. The User agrees that it has no right to access FreeFace if it fails to make payments when due.
(d) The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 14 days’ written notice. Any new or changed Fees will apply at the next billing period after the User has been given such notice.
(e) If a User does not accept a change to any Fees, then it can simply terminate its Account.
All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or British pounds).
For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.
No refunds of Fees are offered other than as required by law.
3.5 Late Payment
(a) If the User does not pay the full Fees as required, the Company may suspend all User access to FreeFace for that Account.
(b) If Fees are not brought out of arrears within 28 days of becoming overdue, the Company may terminate the User’s Account in FreeFace without notice and end this Agreement.
(c) The User agrees that the Company shall not be responsible or liable in any way for:
i Interruptions to the availability of FreeFace or User Content in the event of (a); or
ii Loss of User Content in the event of (b).
4 Third Party Login and Integration
4.1 Registration & Login
(a) A User may be able to register as a User, access FreeFace and use integrated features by connecting their account with certain third party services (TPS) (e.g., Facebook, Twitter etc.).
(b) As part of the functionality of FreeFace the User may connect their profile with a TPS by:
i Providing their TPS login information to the Company through FreeFace; or
ii Allowing the Company to access their TPS in accordance with its terms & conditions of service.
(c) When connecting to FreeFace using a TPS the User warrants that they are not in breach any of the TPS’ terms & conditions of service.
4.2 Ongoing Availability
(a) The User agrees that User access to FreeFace may be unavailable if the TPS becomes unavailable, and that the User may lose functionality or content that is shared between the TPS and FreeFace.
(b) The User may disconnect the connection between FreeFace and the TPS at any time.
(c) The Company has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.
4.3 Data from TPS
Where a User connects and or registers their account using a TPS, the User authorises the Company to use data from that TPS to create the User’s profile within FreeFace.
5 General conditions
(a) By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use FreeFace for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
(b) The Company may issue the licence to the User on the further terms or limitations as it sees fit.
(c) The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and in this Agreement by the User.
5.2 Modification of Terms
(a) The terms of this Agreement may be updated by the Company from time-to-time.
(b) Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using FreeFace.
(a) The User agrees and accepts that FreeFace is:
i Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
ii Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to FreeFace is available to the User.
(b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter FreeFace.
(a) The Company provides user support for FreeFace via the online form available http://www.freeface.co/here-to-help
(b) The Company shall endeavour to respond to all support requests within 2 Business Days from when the issue is raised.
5.5 Use & Availability
(a) The User agrees that it shall only use FreeFace for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
(b) The User is solely responsible for the security of its username and password for access to FreeFace. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its FreeFace account via the online form available at:
(c) The User agrees that the Company shall provide access to FreeFace to the best of its abilities, however:
i Access to FreeFace may be prevented by issues outside of its control; and
ii It accepts no responsibility for ongoing access to FreeFace.
(a) Security. The Company takes the security of FreeFace and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
(b) Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
(c) Storage. The Company stores data on servers based in Australia according to accepted industry standards, but may also be stored in the US or UK.
(d) Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as are reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
5.8 Intellectual Property
(a) Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of FreeFace.
(c) The FreeFace Application. The User agrees and accepts that FreeFace is the Intellectual Property of the Company and the User further warrants that by using FreeFace the User will not:
i Copy FreeFace or the services that it provides for the User’s own commercial purposes; and
ii Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in FreeFace or any documentation associated with it.
(d) Content. Notwithstanding User Content, all content submitted to the Company, whether via FreeFace or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to FreeFace.
5.9 Disclaimer of Third Party Services & Information
(a) The User acknowledges that FreeFace is dependent on third-party services, including but not limited to:
i Banks, credit card providers and merchant gateway providers;
ii Telecommunications services;
iii Hosting services;
iv Email services; and
v Analytics services.
(b) The User agrees that the Company shall not be responsible or liable in any way for:
i Interruptions to the availability of FreeFace due to third-party services; or
ii Information contained on any linked third party website.
5.10 Liability & Indemnity
(a) The User agrees that it uses FreeFace at its own risk.
(b) The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
(c) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with FreeFace, including any breach by the User of these Terms of Service.
(d) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use FreeFace, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
(e) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
i The re-supply of services or payment of the cost of re-supply of services; or
ii The replacement or repair of goods or payment of the cost of replacement or repair.
(a) Either party may terminate this Agreement by giving the other party written notice.
(b) Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
(c) Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 5.6, 5.9, 5.10, 5.12 and 5.13 survive termination of this Agreement.
5.12 Dispute Resolution
(a) If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
i Includes or is accompanied by full and detailed particulars of the Dispute; and
ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
(c) Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
(d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
(e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
5.13 Electronic Communication, Amendment & Assignment
(a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
(b)The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of contact details from time-to-time.
(c) The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
(d) A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
(e) Notices must be sent to the parties’ most recent known contact details.
(f) The User may not assign or otherwise create an interest in this Agreement.
(g) The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
(a) Special Conditions. The parties may agree to any Special Conditions to this in writing.
(b) Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.
(c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
(d) Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
(e) Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
(g) Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
(h) Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
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