1. ABOUT 

  1. Welcome to www.flockfinance.com.au (the Website), operated by Flockk Pty Ltd (ACN 654 313 943) (Flockk, we, us).
  2. Access to and use of the Website, or any of its associated products and/or services, is provided by Flockk. Please read these terms and conditions (the Terms) carefully.

  1. ACCEPTANCE OF THESE TERMS

  1. The Terms apply to the use of our Website and our products and services. By using, browsing, signing up to, accepting a free trial and/or making payment through the Website, 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 use of the Website and the services immediately.
  2. If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of the company and bind the company to these Terms.
  3. You may not use our services and may not accept the Terms if:
  1. you are not of legal age to form a binding contract with Flockk; or
  2. 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.
  1. By engaging Flockk or purchasing any of the services, you acknowledge and understand that Flockk does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning, employment or tax advice. For further information, please read the Terms carefully.
  2. Flockk reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Flockk updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after Flockk makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and services immediately.
  3. Before you continue, Flockk recommends that you keep a copy of the Terms for your records. Flockk recommends that you regularly check these Terms for any material changes.

  1. SERVICES

  1. Flockk is an investing platform that assists businesses to raise short term finance (the Services).
  2. Our Services are available to business users (Business Users) and individuals looking to invest (Personal Users) (together the Users).
  3. You agree and acknowledge that we:
  1. do not act as an agent or other representative of you, or any other party, in respect of the Services and in relation to other Users;
  2. are not liable for the acts or omissions of third parties that use and access the Services, including but not limited to any third parties and other Users; and
  3. notwithstanding clauses 3.3(a) and 3.3(b), we may receive commission or payment from third parties including but not limited to the Business Users.
  1. By using the Services, you agree and acknowledge that:
  1. you are solely responsible for assessing the risks and implications of using the Services;
  2. we do not, at any time, provide any warranties or guarantees regarding the Services;
  3. you must use the Services for your own personal or business use;
  4. we reserve the right to terminate your access to the Services at any time and at our sole discretion;
  5. these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us; and
  6. Flockk has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms.
  1. Flockk may from time to time suspend your access to the Website and services for the purposes of scheduled maintenance to the Website. Flockk, where practicable, will give you five (5) days’ prior written notice of the scheduled maintenance that will, or is likely to, affect the availability of the Services and the Website. Flockk will not be liable for any loss or damage incurred as a result of any scheduled maintenance to the Website.

  1. ACCOUNT ESTABLISHMENT

  1. To access the Services, Personal Users are required to register an account on the Website (the Personal Account) and Business Users are required to register an account on the Website (the Business Account) (together referred to as the Account).
  2. To establish an Account, you may be required to provide personal information about yourself, including but not limited to, the following:
  1. full name;
  2. date of birth;
  3. email address;
  4. mailing address;
  5. telephone number;
  6. company name (if using the Website and accessing the Services on behalf of a company);
  7. a preferred username; and
  8. a preferred password.
  1. You agree and acknowledge that any information you provide to Flockk in the course of establishing an Account will always be accurate, correct and up to date.
  2. You agree and acknowledge that Flockk reserves the right to terminate your Account and/or suspend or terminate you from accessing the Services without notice if you provide misleading, false, deceptive, inaccurate or outdated personal information and/or business information.
  3. By supplying Flockk with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Flockk to keep you informed about Flockk’s activities. If you do not wish to receive updates from Flockk, you may contact Flockk at support@flockk.com.au.

  1. PERSONAL ACCOUNTS

  1. Personal Users agree and acknowledge that:
  1. the Personal Account gives you free access to the Services, whereby you can source a Business User, view their business name, brief summary of their business operations and culture, and their job advertisements;
  2. to access the Services, you are required to establish an Account;
  3. you must not transfer or assign your Account to another individual or entity;
  4. Flockk takes efforts to ensure that invoice data advertised on the Website are for actual invoices. However, Flockk does not guarantee to you that every invoice advertisement is a genuine invoice. Flockk will not be liable for any harm or damage caused a result of an invoice not being genuine; and
  5. Flockk reserves the right to suspend or terminate your access to the Services if, in its sole discretion, it believes that you are exploiting and/or abusing your access to the Services.

  1. BUSINESS ACCOUNTS

  1. Business Users agree and acknowledge that:
  1. to access the Services, you are required to set up a Business Account and establish your business profile (the Business Profile). To set up the Business Profile may be required to provide information about your business, including but not limited to:
  1. business name;
  2. Australian Business Number (ABN) and/or Australian Company Number (ACN);
  3. business address;
  4. a summary of the business’s products and/or service offering;
  5. a summary of the business’s culture and business values;
  6. job openings, including but not limited to, the job description, required skill set and experience, and salary expectation (the Job Advertisements); and
  7. contact details;
  1. your Business Profile will appear on the Website when you upload invoice information;
  2. Flockk reserves the right to terminate your Business Account and/or remove your Business Profile from the Website if you provide misleading, false, deceptive, inaccurate and/or outdated information;
  3. you must use the Services in accordance with all applicable laws, including but not limited to equal opportunity principles and the Fair Work Act 2009 (Cth);
  4. you must preserve the privacy of personal information of the Personal Users in accordance with the Privacy Act 1988 (Cth) as amended or superseded from time to time; and
  5. your ability to post invoices on the marketplace and maintain a Business Profile through the Website is dependent on your strict compliance with clauses 8 and 9 of these Terms.

  1. YOUR ACCOUNT OBLIGATIONS

  1. Users agree and acknowledge that:
  1. you are solely responsible for the activity that occurs under your Account;
  2. anything you submit to be included on the Website, including all material, links, words and images (the Content) is accurate, correct and up to date;
  3. you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify Flockk at support@flockk.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate cancellation of the Services;
  4. you will use the Website and the Services as permitted by:
  1. the Terms; and
  2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  1. access to and use of the Website, Services and Account is non-transferable and limited to you for the purposes of us providing the Services;
  2. any use of your registration information and Content by another person, or third party, is strictly prohibited;
  3. appropriate legal action will be taken by Flockk for any illegal or unauthorised use of the Website and Services;
  4. you must not:
  1. expressly or impliedly impersonate another Account at any time;
  1. use the Services or Website for any illegal and/or unauthorised use;
  2. provide false information including false names, address, contact details and Content;
  3. use the Services or Website unlawfully or in a manner that violates these Terms and any applicable laws or regulations;
  4. circumvent or hack into any part if the Website to access data not intended for you;
  5. interfere with the servers or networks connected to the Services and/or Website, or violate any of the policies, procedures or regulations connected to the Services and/or the Website;
  6. engage in conduct or access the Website or Services in a way that will impose an unreasonable or large burden of traffic demands on Flockk;
  7. create derivative works of the Services or an application substantially similar or a direct copy of the Services such that confusion may occur as to which the Services are operated by Flockk;
  8. resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website or the Services;
  9. copy of produce a substantially similar Service that was provided to you by us; and/or
  10. automate the use of the Website or Services.

  1. PAYMENT

  1. You agree and acknowledge that payments of transactions may be made using third payment gateways, such as Stripe (the Payment Gateway Provider). When signing up to the platform, you agree that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.
  2. You acknowledge that where a request for the payment of the processing fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the processing fee.

  1. NON-PAYMENT

  1. If a Business User breaches these Terms by way of non-payment pursuant to the Payment Plan or the provisions of these Terms, Flockk may, at its sole and absolute discretion:
  1. cease providing the Services until the payment of any outstanding fees has been made; and/or
  2. proceeds to recover any outstanding fees from you by way of debt recovery action or any legal method available to Flockk.
  1. You acknowledge and agree that if Flockk initiates debt recovery action then you will be liable for all debt collection costs, including legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements, including but not limited to, Land and Property Information searches, Australian Securities and Investment Commission searches, process server fees, expert reports and court/tribunal fees. You will also be liable to pay Interest on the outstanding debt. You authorise Flockk to share any personal information with a credit reporting agency to report the breach of these Terms and the non-payment of any money which is due and payable pursuant to these Terms.

  1. COPYRIGHT AND INTELLECTUAL PROPERTY

  1. Intellectual Property Rights means all intellectual property rights and proprietary rights (whether registered or unregistered) including but not limited to: any processes, formulae, technology, systems, reports, drawings, specifications, computer software (including source codes and object codes), blue-prints, patents, discoveries, inventions, improvements, trade secrets, technical data, research data, know-how, logos, registered and unregistered trade marks and service marks (including, but not limited to, goodwill and other intangible rights), registered and unregistered designs, design rights, rights in circuit layouts, copyright and the right to keep confidential information confidential and any other rights in the nature of intellectual property rights.
  2. The Website and the Services and all of the related documents, materials, products and services of Flockk (the Material) are subject to Intellectual Property Rights under the laws of Australia and by International Treaties. Unless otherwise indicated, all Intellectual Property Rights in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) are owned or controlled for these purposes and are reserved by Flockk or its contributors. 
  3. You acknowledge and agree that Flockk exclusively and unconditionally owns all Intellectual Property Rights in all the Materials and Derivative. You acknowledge and agree that to the extent that you have Moral Rights in any of the Derivative Materials and any related documents or materials, you will provide a Moral Rights Consent to Flockk.
  4. Flockk does not grant you any other rights whatsoever in relation to the Material and/or the Derivative Materials unless expressly stated herein. All other rights are expressly reserved by Flockk.
  5. For purposes of these Terms, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans, feedback, testimonials and other identifying symbols and indicia of the applicable party. All uses of a party’s Marks by the other party will be in the form and format specified in the media or promotional guidelines (if any).

  1. PRIVACY

Flockk takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to the Privacy Policy at www.flockk.com.au.

  1. GENERAL DISCLAIMER

  1. Flockk is a platform that facilitates the connection between Business Users and Personal Users. As such, Flockk is not liable for any loss or damage (including consequential loss or damage)
  2. You acknowledge and agree that Flockk does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
  3. Nothing in the 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.  
  4. If you are not a Consumer (under the Australian Consumer Law), you agree that Flockk has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services.
  5. If you are a Consumer (under the Australian Consumer Law), Flockk limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
  6. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.
  7. Use of the Website and the Services is at your own risk. The Website and the Services of Flockk, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Flockk (including any third party where the Services are made available to you) make any express or implied representation or warranty about its Material and the Services of Flockk) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. 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 unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Services, or any related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website and the Services;
  4. the Material or operation in respect to links which are provided for the user’s convenience;
  5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  1. LIABILITY

  1. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Flockk make any express or implied representation or warranty about the Services or any products or services referred to on the Website. This includes, but is not limited to, loss or damage you might suffer as a result of the following:
  1. failure of performance, error, omission, interruption, 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 unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its services related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Services or any of the products and/or services of Flockk;
  4. a suspension of your account due to your breach of the Terms;
  5. the Services or operation in respect to links which are provided for your convenience; and
  6. harm resulting from the violation of or alleged violation of any applicable employments laws, codes, rules and regulations in the provision of the Services.
  1. In all cases, our liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the amount paid by you for the Subscription Fees (if applicable).
  2. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
  3. You agree and acknowledge that Flockk, its affiliates, employees, agents, contributors, agents, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputations which may be incurred by you, however caused and under any theory of liability.
  4. You agree and acknowledge that Flockk holds no liability for any direct, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content on the Website.

  1. FORCE MAJEURE

  1. Force Majeure means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms (other than an obligation to make a payment). Such circumstances include but are not limited to:
  1. acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;
  2. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
  3. disease and a pandemic; and
  4. failure of internet and telecommunication services.
  1. Flockk will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.

  1. INDEMNITY

  1. You agree to indemnify Flockk its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including but not limited to:
  1. any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
  2. your breach of the Terms, including any misuse of the Materials; or
  3. any activity which you engage in on the Website or through Flockk, including the Content.
  1. This indemnity will survive termination of the Terms.

  1. TERMINATION OF SERVICES

  1. The Terms will continue to apply until terminated by either you or by Flockk as set out below.
  2. If you want to terminate the Terms, you may do so by:
  1. providing Flockk with a written notice at any time of your intention to terminate to Flockk at support@flockk.com.au; and
  2. closing your accounts for all of the Services which you use where Flockk has made this option available to you.
  1. Your elected termination will be effective upon receipt of the notice of your intention to terminate by Flockk.
  2. Flockk may at any time, terminate the Terms with you if:
  1. you have breached any provision of the Terms or intend to breach any provision;
  2. Flockk is required to do so by law;
  3. the partner, if any, with whom Flockk offered the Services to you has terminated its relationship with Flockk or ceased to offer the Services to you;
  4. Flockk is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the Services;
  5. the provision of the Services to you by Flockk is, in the opinion of Flockk, no longer commercially viable;
  6. if you have used the Services:
  1. in breach of any law;
  2. in a way that is misleading or deceptive;
  3. in a way which is unreasonable as determined by Flockk at its absolute discretion; or
  4. in a manner which can or does bring Flockk into disrepute or could damage Flockk’s reputation as determined by Flockk at its absolute discretion.
  1. Subject to local applicable laws, Flockk reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Flockk’s name or reputation or violates the rights of those of another party.
  2. Upon the termination of your Account, all of the legal rights, obligations and liabilities that you and Fockk have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.

  1. DISPUTE RESOLUTION

  1. If a dispute arises out of or relates to the Terms, 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):
  1. 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.
  2. on receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
  3. if for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.
  4. the Dispute 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 pre-condition to the mediation commencing.
  5. it is agreed that the mediation will be held in Sydney, New South Wales.
  6. for the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications.
  7. all communications concerning negotiations made by the Dispute 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.
  8. If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.
  9. in the event that the Dispute is not resolved at the conclusion of the mediation, either Dispute Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

  1. VENUE AND JURISDICTION

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

  1. GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of New South Wales, 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 will be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.

  1. NOTICE

  1. Flockk may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Flockk to you by email will be deemed to have been properly given on the date Flockk sends the email, regardless of whether you have received the email.
  2. Unless specified otherwise, any notices provided by you to Flockk must be in writing and sent to support@flockk.com.au.

  1. INDEPENDENT LEGAL ADVICE

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  1. ENTIRE AGREEMENT

These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

  1. SEVERANCE

If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force.

  1. WAIVER

  1. A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
  2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
  3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

  1. ASSIGNMENT

  1. Flockk may assign or transfer its rights or obligations under the Terms without your consent.
  2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of Flockk. A purported assignment without written consent will be deemed to be void and convey no rights.

  1. CONTACT

If you wish to notify us about anything relating to these Terms, please contact us at support@flockk.com.au.