Terms of service.

Last Updated: January 2025

These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the NetFluence Pty Ltd website ("Site"), services ("Services"), and any related features, applications, and content provided by us (collectively, “NetFluence Pty Ltd”, "NetFluence," "we," "our," or "us"). By accessing or using the Site and Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site or Services.

1. Acceptance of Terms

By accessing or using our Site and Services, you agree to comply with and be legally bound by these Terms and any other applicable policies or guidelines referenced herein. If you do not agree with these Terms, you should immediately cease using the Site and Services.

2. Eligibility

You must be at least 16 years of age (or the equivalent minimum age in your jurisdiction) to use the Site and Services. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract or, if not, that you have obtained the consent of a parent or guardian.

3. Account Registration and Security

To access certain features of the Site and Services, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information.

  • Maintain the confidentiality of your account details, including your username and password.

  • Notify us immediately if you believe your account has been compromised or if there is any unauthorised use of your account.

You are solely responsible for all activities that occur under your account, whether or not authorised. NetFluence is not responsible for any loss or damage resulting from unauthorised access to your account.

4. Marketplace and User-Generated Content

NetFluence serves as a marketplace where users can buy, sell, and exchange services, products, and content. By using the Site, you agree to the following:

  • User-Generated Content Guidelines: You agree to post only content that is legal, appropriate, and does not infringe on the rights of others. You may not post content that is obscene, defamatory, discriminatory, or otherwise harmful. We reserve the right to remove any content that violates these guidelines and to suspend or terminate accounts engaging in prohibited activities.

  • Interactions with Other Users: You are solely responsible for your interactions with other users on the Site. We do not guarantee the quality or safety of the transactions conducted between users. NetFluence is not responsible for any disputes or issues arising from such interactions.

5. Use of Services

You agree to use the Site and Services for lawful purposes only. You may not:

  • Violate any local, state, or national laws or regulations.

  • Post or transmit any content that is harmful, fraudulent, or violates the rights of others.

  • Use the Site to distribute unsolicited or unauthorised advertising or promotional material (spam).

  • Interfere with or disrupt the functioning of the Site, including through viruses, malware, or other harmful code.

  • Attempt to gain unauthorised access to the Site, user accounts, or computer systems.

6. Reviews

Reviews provided by Buyers are a key component of NetFluence's rating system. These reviews help maintain the transparency and credibility of our marketplace, ensuring that Sellers are held accountable for their services and that Buyers can make informed decisions.

  • Legitimate Orders Only: Reviews must only come from legitimate and eligible transactions. Purchases arranged outside of the platform or efforts made to artificially enhance Seller ratings (such as fake reviews or review exchanges) are strictly prohibited. Any misuse of the review system may result in permanent suspension of all related accounts.

  • No Withholding of Deliverables: Sellers are prohibited from withholding services, files, or any information necessary to complete the service in exchange for favourable reviews or additional services. Such actions undermine the integrity of the marketplace and will not be tolerated.

  • Solicitation of Review Removal: Sellers may not solicit the removal or alteration of feedback reviews from their Buyers through mutual cancellations or any other means. If a Buyer leaves a review, it is their personal feedback and must remain unchanged unless it violates our Terms and Conditions.

  • Review Transparency: Once both the Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public and visible on the Seller's profile.

NetFluence reserves the right to remove any reviews that violate our Terms, including but not limited to reviews that are defamatory, discriminatory, or otherwise harmful to the community.

7. Fees and Payment

When engaging in transactions through the marketplace, users may incur fees for purchasing or selling goods or services. You agree to pay all applicable fees, taxes, and charges associated with your use of the Site and Services.

  • Payment Processing: All payments made on the Site will be processed by third-party payment providers. You agree to comply with their terms and conditions regarding payment processing.

  • Refunds and Disputes: Refunds and dispute resolution are subject to the specific terms set by the seller or provider of the service. NetFluence may facilitate dispute resolution but is not responsible for settling payment-related conflicts between users.

8. Privacy and Data Protection

By using the Site and Services, you agree to the collection, use, and sharing of your personal information as described in our Privacy Policy (incorporated herein by reference). Please review our Privacy Policy to understand how we handle your personal data and your rights regarding it.

9. User-Generated Content (UGC)

User-Generated Content ("UGC") refers to all content uploaded or created by users (Buyers and Sellers) on the NetFluence platform, including but not limited to posts, reviews, photos, videos, comments, and any other materials. NetFluence does not proactively monitor or vet UGC for appropriateness, copyright violations, trademark infringements, or other legal issues. Users who upload or create such content are solely responsible for their submissions and any consequences arising from its use, disclosure, storage, or transmission.

By uploading or creating content on NetFluence, you represent and warrant that:

  • You either own or have obtained all necessary rights, licenses, consents, permissions, and authority to upload, use, and/or share the content.

  • The content you upload does not violate any intellectual property, proprietary, privacy, data protection, or publicity rights of any third party.

  • The content does not violate any applicable local, state, federal, or international laws, regulations, or conventions.

  • The content complies with NetFluence’s Community Standards and Terms of Service.

We invite all users to report content they believe violates these Terms, particularly if they can provide proof of ownership. Any content found to be in violation may be removed or disabled. For more information on reporting content, please refer to our Reporting Violations section.

9.1 Content Quality and Seller Accountability

NetFluence is not responsible for the content, quality, or the level of service provided by Sellers (whether they are Pro Sellers, top-rated users, or offer promoted services). We make no warranties regarding the services on the platform, including the quality of work, communication, or delivery of services by Sellers. We encourage users to utilise our review and rating system, along with common sense, to assess and select appropriate services.

By offering a service, Sellers confirm that they have the necessary rights, licenses, and permissions to provide, sell, or resell the service being offered. Sellers advertising their services on NetFluence, including related profiles, must comply with the laws and terms of service of any platform used for advertising. Non-compliance with these terms may result in the removal of the service listing or profile and could lead to account suspension.

Note that in appropriate circumstances, we may disable or terminate the accounts of users who are repeat infringers.

10. Ownership of Delivered Work

When a Buyer purchases a service on NetFluence, unless otherwise specified by the Seller or is a custom offer, the Buyer is granted all intellectual property rights, including but not limited to copyright, for the work delivered by the Seller, subject to full payment. Upon payment, the Seller waives any moral rights (to the extent permitted by law) in the work. Accordingly, the Seller assigns all rights, titles, and interests in the delivered work to the Buyer.

The transfer of intellectual property to the Buyer is contingent on the full payment of the service. If payment is canceled or disputed, the Buyer’s right to use the work is revoked.

11. Disclaimers and Limitation of Liability

  • No Warranty: NetFluence provides the Site and Services "as is" and makes no representations or warranties, express or implied, regarding the functionality, accuracy, or reliability of the Site.

  • Limitation of Liability: To the fullest extent permitted by law, NetFluence is not liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Site, including any loss of profits, data, or reputation.

12. Reporting Violations

If you come across any content that may violate our Terms and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Trust & Safety team. Our decision, among others, may rely on the information that you provided to us. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system may result in a restriction or a permanent suspension of the related accounts.

13. Violations

Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address. Warnings can result in your account being placed on hold, or permanently disabled.

If we have taken action against a user’s account for violating our Terms, we will send the user an email explaining the reasons and basis for such actions as well as their options regarding an additional review.

  • Non-Permitted Usage: The following activities are prohibited on NetFluence:

    • Adult Services & Pornography: NetFluence does not allow any exchange of adult-oriented or pornographic materials and services.

    • Inappropriate Behavior & Language: Communication on NetFluence should be friendly, constructive, and professional. We condemn bullying, harassment, and hate speech towards others. We allow users to engage in meaningful exchanges via our messaging system, ratings, and Community Forum.

    • Phishing and Spam: Attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment are strictly prohibited. Please respect others' privacy and avoid contacting them with unsolicited offers.

    • Privacy & Identity: You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of NetFluence will not be protected by our Terms of Service.

    • Authentic NetFluence Profile - You may not create a false identity on NetFluence, misrepresent your identity, create a NetFluence profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. NetFluence reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, register excerpts, documents, etc.).

    • Intellectual Property Claims - NetFluence will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

    • Fraud / Unlawful Use - You may not use NetFluence for any unlawful purposes or to conduct illegal activities, including to bypass economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction.

14. Disputes and Cancellations

We encourage our Buyers and Sellers to try and resolve conflicts directly between themselves. If, for any reason, you are unable to resolve an issue or if you encounter any non-permitted use on the Site, you can contact NetFluence’s Customer Support for assistance.

15. Content Moderation, Notices, and Appeals

NetFluence is not generally obligated to proactively check content posted by users for legality or compatibility with our Terms. However, we reserve the right to conduct voluntary checks to identify and determine if any content is illegal or violates these Terms. If a violation is found, we may take appropriate action, including removing content or suspending accounts.

If NetFluence takes action against your account or content, you can file a complaint if you disagree with our decision. If you believe the action taken against you is erroneous, you may submit a complaint to Customer Support. Please explain in your complaint why you believe the decision should be reversed. Complaints should be filed within six months from the date you were notified of the decision.

We will handle complaints in a timely, non-discriminatory, and objective manner. If we find that a decision was made in error, we will reverse the action.

We reserve the right to refuse cooperation with the selected dispute settlement body if:

  1. The dispute has already been resolved or is already being handled by a competent court or another dispute settlement body.

  2. Six months have passed since the notification of our decision to you and you have not filed a complaint through our internal process or addressed the dispute to the selected body.

Please note that the decisions of any dispute settlement body are not binding on either party.

16. Termination

We may suspend or terminate your access to the Site and Services at our sole discretion, without notice, for any reason, including but not limited to a violation of these Terms, illegal activity, or misuse of the marketplace. Upon termination, your right to use the Site and Services will immediately cease, and you must discontinue any use of the Site.

17. Indemnification

You agree to indemnify, defend, and hold harmless NetFluence, its affiliates, employees, agents, and partners from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with your use of the Site, your content, your violation of these Terms, or any action taken by you that violates applicable laws.

18. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by NetFluence. We are not responsible for the content, privacy policies, or practices of third-party sites. You access and use third-party websites at your own risk, and we encourage you to review their terms and conditions and privacy policies.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction]. Any disputes arising under or in connection with these Terms will be resolved through binding arbitration, rather than in court, except for claims related to intellectual property.

20. Changes to Terms and Conditions

We may update these Terms periodically to reflect changes in our practices, services, or legal requirements. Any updates will be posted on this page with an updated "Last Updated" date. We encourage you to review these Terms regularly. Your continued use of the Site and Services constitutes acceptance of any changes.

21. Contact Us

If you have any questions, concerns, or feedback about these Terms or our Services, please contact us at:

NetFluence Pty Ltd

Email: [support@getnetfluence.com]