In this User Agreement:

“Account” means the account associated with your email address.

“Buyer” means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

“Contest” means a contest that is promoted by a Buyer and in respect of which a Seller can submit one or more entries via the Website.

“Contest Brief” means the document setting out the scope of a Contest, including but not limited to items such as a design brief.

“Contest Handover“, in respect of a Contest, means the agreement between the Buyer and one or more winning Seller(s) under which each Seller will transfer to the Buyer ownership of the winning entry or entries.

“Dispute Resolution Process” means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.

“Entrant” means a Seller who has entered a Contest.

“Freelancer“, “we“, “our“, “company” or “the company” or “us”  or “Freelance Statistician” means FreelanceStatistician.com.

“Verified by Freelancer” Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.

“Inactive Account” means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

“Project” or “Listing” means a job offered or awarded by a Buyer via the Website, which may include a Project or Contest listed by a Buyer, a Project awarded by a Buyer (for example through HireMe), a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.

“Seller” means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

“Seller Services” means all services provided by a Seller.

“Freelancer Services” means all services provided by us to you.

“User“, “you” or “your” means an individual who visits or uses the Website, including via the API.

“User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

“Website” means the Websites operated by Freelancer and available at: Freelancestatistician.com and any of its regional or other domains or properties, and any related Freelancer service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Introduction

Welcome to FreelanceStatistician.com. These Terms and Conditions govern your use of our website and the services we offer. By using our website, you agree to comply with these Terms and Conditions.

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information. If you do not agree to these Terms and Conditions and all linked information, you should not use our website.

You must read and accept all of the terms in, and linked to, this Terms and Condition, the Code of Conduct, the Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

2. Eligibility

You must be 18 years or older to use our website and services. By using our website, you represent and warrant that you are at least 18 years old.

3. User Accounts

To use our services, you must register for an account on our website. When you register, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password, and you agree not to share your account information with anyone else. You are responsible for all activities that occur under your account.

4. Services

Our website provides a marketplace for freelancers and employers to connect and collaborate on data projects. We do not guarantee the quality or accuracy of the work performed by freelancers or the suitability of employers for any particular project. We do not endorse any user-generated content on our website.

5. Payment

We accept payment through Stripe with a third-party payment processor. We are not responsible for any payment processing errors or delays caused by the payment processor. We reserve the right to change our fees and payment policies at any time.

6. User Content

By using our website, you agree to comply with our community guidelines and to not post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. You retain ownership of any content you post on our website, but you grant us a non-exclusive, worldwide, royalty-free license to use, copy, reproduce, distribute, and display your content on our website.

7. Using Freelancer

While using the Website, you will not attempt to or otherwise do any of the following:

• post content or items in inappropriate categories or areas on our Websites and services;
• infringe any laws, third-party rights or our policies, such as the Code of Conduct;
• fail to deliver payment for services delivered to you;
• fail to deliver Seller Services purchased from you;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Freelancer;
• post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
• take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
• transfer your Freelancer account (including feedback) and Username to another party without our consent;
• distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Freelancer, the Website, or the interests or property of Freelancer users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
• attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
• copy, modify or distribute rights or content from the Website or Freelancer’s copyrights and trademarks; or
• harvest or otherwise collect information about Users, including email addresses, without their consent.
• use Freelancer to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

8. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of FreelanceStatistician.com or its content suppliers and is protected by UK and international copyright laws. You may not reproduce, modify, distribute, or display any content on our website without our prior written consent.

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

9. Disclaimer of Warranties

We provide our website and services on an “as is” and “as available” basis. We do not guarantee that our website or services will be error-free or uninterrupted. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

– No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

the Website or any Seller Services or Freelancer Services;

the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or Freelancer Services;

whether the Website or Seller Services or Freelancer Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;

whether defects in the Website will be corrected;

whether the Website, the Seller Services or the Freelancer Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Freelancer Services;

any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Freelancer Services or us; or

the Website, Seller Services or Freelancer Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

10. No Warranty as to Each User’s Purported Identity

We cannot and do not confirm each User’s purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

11. Indemnification

You agree to indemnify and hold harmless FreelanceStatistician.com and its affiliates, officers, directors, employees, and agents from and against any claims, actions, demands, damages, liabilities, and expenses arising out of or in connection with your use of our website or services.

12. Taxes

You are responsible for paying any taxes, including any goods and services or value-added taxes, which may be applicable depending on the jurisdiction of the services provided. Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in Australia), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction. Certain Sellers who are either registered or required to be registered for GST may be required to charge GST to Australian Consumers on certain projects. You will be notified and asked to confirm on award/accept of such projects the appropriate GST treatment.

12. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Freelancer feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Freelancer or its related entities, without our written permission.

13. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Freelancer or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

14. Communication With Other Users

Communication with other users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.

Users may incur a penalty if they are found to be conducting communications or transactions outside of the platform.

In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

Freelancer may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

15. Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or driver’s licence). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Freelancer Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided identity documents and account information.

If you are not Verified by Freelancer you may not be able to withdraw funds from your Freelancer Account, and other restrictions may apply.

16. User Services

Upon the Buyer awarding a Project or Contest to the Seller, and the Seller’s acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Freelancer and any User.

17. Refunds

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to other third payment and out of our website. If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us. We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at support@freelancestatistician.com.  If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request. If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery. If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

18. Chargebacks

If you initiate a chargeback or dispute of any payment made on FreelanceStatistician.com with your bank, credit card issuer, or other payment provider, we may suspend or terminate your account and access to the Site until the matter is resolved. In the event of a chargeback or dispute, you agree to cooperate with us to resolve the matter in a timely and reasonable manner.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you are found to have initiated a chargeback or dispute without a valid reason, we may take disciplinary action, up to and including account termination. You acknowledge that any fees associated with a chargeback or dispute, including but not limited to chargeback fees, are your responsibility and may be deducted from any funds owed to you on the Site.

We reserve the right to challenge any chargeback or dispute and to take any action we deem appropriate to recover the disputed amount, including but not limited to initiating legal proceedings.

By using FreelanceStatistician.com, you agree to these chargeback terms and conditions and acknowledge that any breach of these terms may result in disciplinary action, up to and including account termination.

19. Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

• if we determine that you have breached, or are acting in breach of this User Agreement;
• if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees;
• if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
• if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
• you do not respond to account verification requests;
• you do not complete account verification when requested within 3 months of the date of request;
• you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
• to manage any risk of loss to us, a User, or any other person; or
• for other reasons.
• If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you up to £3,000 GBP for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine of up to £3,000 GBP is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release the entire (or part of the) amount of the fine from your Account to us.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account

20. Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.

Account closure is subject to:

• not having any outstanding listings on the Website;
• resolving any outstanding matters (such as a suspension or restriction on your Account); and
• paying any outstanding fees or amounts owing on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

21. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Freelancer Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

22. Privacy

We use your information as described in the Freelancer Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

23. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms and Conditions shall be resolved by arbitration in accordance with the rules of the London Court of International Arbitration. The arbitration shall take place in London, England, and the language of the arbitration shall be English.

24. Limitation of Liability

In no event shall FreelanceStatistician.com or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or services, even if we have been advised of the possibility of such damages.

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Freelancer services again or the payment of the cost of having the Freelancer services supplied again.

25. Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.

26. Termination

We may terminate your account and your access to our website and services at any time, without notice, for any reason. You may also terminate your account at any time by contacting us. Upon termination, all provisions of these Terms and Conditions which by their nature should survive, shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

27. Modifications to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. If we make any material changes to these Terms and Conditions, we will notify you by email or by posting a notice on our website. Your continued use of our website and services after any such changes have been made constitutes your acceptance of the new Terms and Conditions.

28. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and FreelanceStatistician.com with respect to your use of our website and services and supersede all prior or contemporaneous agreements or understandings, whether written or oral, between you and FreelanceStatistician.com.

Contact Us

If you have any questions about these Terms and Conditions or our website and services, please contact us at support@freelancestatistician.com.

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Thank you for choosing FreelanceStatistician.com!