top of page

Terms of Use

  1. These terms of use shall govern your use of the CrowdSwell Website, Platform and our Service.

  2. Interpretation of what constitutes a breach, or compliance of, these terms of use, shall be made at the sole discretion of CrowdSwell.

  3. In these terms of use, Brands and Members are collectively and individually referred to as “Users” or “You” or “Your” or “Customer” or “Partner” as the context requires. Terms such as “Us”, “Our” or “We” represent CrowdSwell.

  4. Your use and engagement with CrowdSwell is conditional upon Your acceptance of these terms of use.

    1. Each time You use our services You agree to be bound by our terms of use.

    2. You must not use CrowdSwell services if You disagree with any part of these terms of use.

  5. If you are using CrowdSwell on behalf of a Brand, You warrant that You are authorised to do so, and therefore accept these terms of use on such entity’s behalf, and in doing so You automatically bind the Brand to these terms of use.

  6. We reserve the right to change our terms of use, Services, Platform and Website at any time. Following any changes, Your continued use of CrowdSwell constitutes your acceptance of those revisions.

  7. We reserve the right, and have absolute discretion, to terminate Your account, and that this removes your right to participate in our Services

  8. If we suspect You are not complying with the requirements of our terms of use, we reserve the right to:

    1. Remove You from any Advertising Campaign, and pursue You for any and all compensation;

    2. Cancel Your Advertising Campaign and pursue You for any and all compensation

  9. If You violate these terms of use, You bear all legal responsibility. 

 

Introduction:

  1. https://www.crowdswell.com.au and all associated pages, Websites and sub-domains, and the Services we offer on the Platform or via any other Service method are owned, operated and supplied by Goulash Enterprises PTY LTD, trading as Looksee International and/or trading as CrowdSwell.

  2. We work with Brands and Members to create Advertising Campaigns in the following ways;

    1. Survey panels

    2. Product reviews

    3. Build permission marketing databases

    4. Social media promotion

    5. Content creation

    6. Affiliate campaigns

    7. Contra exchange campaigns

    8. Word of mouth advertising

    9. Rewards and competitions 

  3. Where Members receive payment, any benefit, gift, product, VIP experience or consideration for any Campaign, You must clearly disclose in the most necessary and appropriate manner, of the relationship of the associated Brand partner.

  4. We are not obliged to review or monitor the disclosure practices of Members in the fulfilment of their campaigns.

  5. We collect, hold and use Your personal information in accordance with our Privacy Policy (https://www.crowdswell.au/privacy) or as outlined in these terms of use. 

  6. No campaign Material constitutes a representation of, or by, us, nor do we accept any liability for the legality, validity, accuracy or suitability of any Material delivered via our Services.

  7. You agree that CrowdSwell or its associates is not responsible for, and does not endorse, any Material delivered in relation to our services, nor do We have any obligation to pre-moderate, monitor, edit or remove any Material created in relation to our Platform, our Campaigns, or any Material published on or via a third party platforms used in the delivery of our Services or Campaigns

  8. You agree that Crowdswell is not responsible for the conduct or behaviour of any Member or Brand during the delivery of our Services. Members are independent third parties and are not controlled by Us. As a consequence, campaign Material may risk negative or unflattering comments about a Brand, its products or services or other associated means. This is out of Our control, and the Brand accepts all sole responsibility, and assumes all liability and risk.

  9. Nothing in these terms of use is intended, nor does it create, a partnership, agency, employment or fiduciary relationship between us and any Customer

  10. Subject to Your compliance with these terms of use, You are granted a limited, non-exclusive, revocable and non-transferable license to access and use our Services in the manner outlined in these terms of use.

  11. Our Website or Sales Colleterial may contain links to other sites not maintained by Us, and therefore We are not responsible for the content of any Linked Sites.

  12. Linked Sites are not under Our control, and We provide access to Linked Sites merely as convenience to Customers of our Services. 

  13. The inclusion of a link to any Linked Site does not imply any affiliation with, or endorsement by, Us.

  14. We do not review, control or examine Linked Sites and it is the responsibility of Customers to comply with the rules and guidelines applicable to the use of the Linked Sites

  15. We make no claim or representation regarding, and accept no responsibility, directly or indirectly, for the quality, nature or reliability of Linked Sites, and we are in no way responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Sites, or any links on the Linked Sites.

  16. We are not liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, or the information or material accessed through the Linked Sites.

  17. CrowdSwell utilises social media networks in our Service and by using Our services or participating in our Advertising Campaigns, You consent and agree to be bound to the particular terms and conditions of use of the social media platform. 

  18. Before engaging in our Services or fulfilling the obligations of any Advertising Campaigns, We recommend Customers are familiar with the terms and conditions of use of the prevailing, relevant and Advertising Campaign associated social media platform

  19. Customers consent to CrowdSwell accessing information You have shared with social media platforms, and give Us permission to contact You via information You have shared, in accordance with the permissions You have granted via the social media platform

  20. We are in no way sponsored, endorsed or administered by, or associated with, any social media platform.

  21. Customers agree to indemnify, defend and forever hold harmless CrowdSwell, as well as all social media platforms and their associated agencies and companies, against all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred in respect of Your use of Our services.

  22. Any questions, comments or complaints about CrowdSwell Services must be directed to Us and not to any media, social media platforms or 3rd parties. We hold contracts on our own behalf and also on behalf of the social media platforms, and where acts or omissions cause loss or damage to such social media platforms, or us, we will take action to recover on losses or damages.

  23. Customers agree not to make any comments or actions that may bring harm or draw negativity to the reputation and public standing of us, or our Brands or Members, otherwise you will be deemed liable to any and all damages that may arise due to such actions or comments.

  24. If You have any concerns or questions about our Advertising Campaigns, You must make enquiries directly to CrowdSwell.

 

Registering an account:

  1. A Member may only register and use one CrowdSwell Account.

  2. By registering an Account You agree;

    1. To accept, apply for, and participate in our Campaigns, as well as fulfil the obligations (to the best of your ability) set out in Advertising Campaigns You participate in.

    2. That We may communicate with You for any reason whatsoever.

    3. You are a permanent resident of Australia.

    4. You have not misrepresented the size of your Audience, Website Visitors or Followers.

    5. You have obtained your Audience organically and not artificially.

    6. You will not misrepresent the levels of engagement or interaction on any Material You produce or publish in relation to Our Services or Advertising Campaigns.

  3. We reserve the right to reject any new Member application, or remove any existing Member, with or without cause, and no correspondence will be entered into. 

  4. When registering an account, all information provided must be accurate, current and complete. 

  5. You must inform us of any change in your account or contact details, including email, phone number and address, and that any change in details must be updated in your user Profile.

  6. Submitting misleading or false information will lead to Your account being disabled, and you will pay us any damages or compensation fee as deemed by Us.

  7. You are responsible for maintaining the confidentiality of your account details, including your username and password, and will notify Us immediately should You uncover unauthorised use of your account, or any other breach of security. We will not be held liable for any loss or damage arising from Your failure to comply with this provision.

 

Campaigns and material:

  1. When participating in Our Advertising Campaigns and Services you warrant that;

    1. You will not bring CrowdSwell into disrepute.

    2. You will follow and fulfil the obligations of the campaign in the manner and parameters advertised and directed by CrowdSwell, including information contained in creative briefs, emails, or instructions and directions conveyed to You by Us throughout the campaign period.

    3. You will fulfil the obligations of the Advertising Campaign to the absolute best of your ability.

    4. You will not change, alter or edit any Material once it has been approved by Us.

    5. Any Material You provide does not violate the privacy rights, contract rights or any other rights, including intellectual property rights, of any personal, corporation or entity.

    6. You own the intellectual property rights of Material submitted to Us or created or published by You, and that You license such Material to CrowdSwell.

    7. Should Your Material contain third party property, that the third party has been notified by You and agrees in writing, and as shown to CrowdSwell, that you have such permission to use their property. 

    8. Should CrowdSwell or a Brand use or be aligned to any of Your Material that does infringe any legal rights, copyright, or other intellectual property rights or any person, property or entity, You are responsible for any liability, payment, fees, penalty or compensation sought from Us or from that 3rd Party.

    9. You or any other person featured in the Material consents to CrowdSwell and Our successors, licencees and assigns (which may include Brand partners) using the name, image, likeness and/or voice (including photograph, film and/or recording of the same) of You and/or other person in any media worldwide for an unlimited period of time without further notification, remuneration or compensation of any kind payable to You or other person for any purpose including promoting any products or services manufactured, distributed and/or supplied by CrowdSwell or our successors, licencees, assigns and Brand partners.

    10. The material you create, provide or publish does not contain any misrepresentation or suggestion that you or any owned entity has the approval, permission or sponsorship of any other entity which you or it does not have (rewrite)

    11. The Material does not contain indecent, defamatory, menacing, offensive or unlawful content.

    12. Any views, opinions, statements, commentary, acts or communication in the Material are honest, true, correct, genuine and held by You, and that they fairly represent the experience or use or service of the product associated in the Advertising Campaign.

    13. The relevant Material does not contain any representation or content which you know or suspect, or ought reasonably to have known or suspected to be false, misleading or deceptive.

    14. We have the right at any time to moderate any of Your Material before or after publication.

    15. Should CrowdSwell request any Material you provide to be changed, amended or modified, You will comply immediately to our instructions and without contest or cause.

    16. We have the right to, and upon receipt of our notification, you will comply with any request we make that you remove or delete any Material you have created, published to a third party site or provided a third party entity.

    17. If CrowdSwell misses deadlines or provides incorrect information, You will not find us accountable.

  2. Influencers agree to grant CrowdSwell and the Advertising Campaign Brand partner full rights and ownership of your campaign material, and You agree that all rights, title and interest in all Intellectual Property Rights in the Material is assigned to CrowdSwell. Upon submitting material to Us, it becomes the property of CrowdSwell and this assignment is absolute, worldwide and for all uses and purposes including, without limitation, the re-assignment of the Material to any other person or entity (including a Brand), licensing the paid content to any other person or entity (including a Brand), the making of any modifications, enhancements, adaptations or versions of the Material, creating derivative works, and including any releases of the Material in any medium. You must, upon request by Us, execute all documents and perform all acts necessary to vest all intellectual property rights in the Material to CrowdSwell.

  3. By submitting Material to Us, You grant to us and our successors, licencees and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all moral rights in the Material, and absolute consent to CrowdSwell and our successors, licencees and assigns, to use, deal, reproduce, publish, transmit, edit, change or relocate the Material, whether in whole or in part, and whether alone or in combination with any other Materials, including where such acts involve an infringement of any moral rights subsisting in the Material. For the purposes of this Agreement, Moral Rights means moral rights within the meaning of Part IX of the Copyright Act 1968 (Cth), and any analogous rights arising under statute or otherwise, anywhere in the world, and whether now in existence or arising in the future.

  4. You must not claim, imply or assert that any portrayal, representation, impersonation or depiction of You in the Material constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the Brand, CrowdSwell or any respective successors or licensees. You hereby release the Brand, CrowdSwell and their respective agents, employees, successors and licensees, from any claims by You or under Your authority arising out of, or in connection with any portrayal, representation, impersonation or depiction of You under these terms of use.

  5. Brands or CrowdSwell are not required to remove from its social media or marketing channels any campaign material or any comments, shares or re-shares of campaign material.

 

Member restraints:

  1. As a member, You agree not to:

    1. Once the Brand has given its approval to your Material, You will not delay posting, publishing or sharing it in the manner outlined in the agreed Deliverables.

    2. You must publish the approved Material by the agreed date and time, and failure to do so will result in your forfeit of the campaign fee.

    3. Reduce the prominence of the Material by posting, sharing, re-tweeting or “re-gramming” any other social media posts or content to your social media channels for a period no less than six hours.

    4. Edit approved Material before or after it has been published, other than in accordance with these terms of use or Our direction.

    5. Parody, disparage, give any adverse comment or make fun of the Brand or its products or services generally in any way.

    6. Ever create any social media posts or content or material or comment or post on a social media channel that detracts from, dilutes the effect of, or undermines your campaign Material or the Brand or its products or services.

    7. Grant any further rights in campaign Material to a Brand without the written permission of CrowdSwell.

    8. Accept or attempt to negotiate with a Brand within six months of a completed campaign with that Brand. Any attempt by You or Your agent to circumvent CrowdSwell will result in the removal of You from future campaigns, and may result in CrowdSwell seeking appropriate compensation.

    9. You acknowledge that the restrictions in the clauses above are reasonable, and are necessary to protect the interests of the Brand and CrowdSwell.

 

For Brands:

  1. Once You approve an Advertising Campaign, it cannot be cancelled or altered in any way without Our acceptance and approval in writing.

  2. You must not attempt to instruct, coerce or manipulate Members to hide the commercial relationship between yourself and the Member. Such attempts may result in You being immediately removed from the CrowdSwell service.

  3. Your use of any Material is conditional upon the payment of the campaign fees in full, and then only in accordance with these terms of use,insertion order and Deliverables.

  4. These terms of use are not intended to alter the terms and conditions of any agreement or licence you may have with any other third party entity.

  5. To the extent of any conflict, the CrowdSwell terms of use will prevail.

  6. For all Material submitted by Members for Advertising Campaigns, you grant CrowdSwell (and our agents) a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Material for the purpose of marketing and promoting Us (and Our products and services) in any manner, without further notification to, or consent from You, or any compensation payable to You.

  7. We may enforce minimum campaign spends for Advertising Campaigns.

  8. Brands are solely responsible for reviewing and approving Material.

  9. We have the right to cancel, suspend, restrict services to and terminate an Advertising Campaign if we believe (in our sole discretion) that You are not using our services in a fair and reasonable way, treating members in a fair and reasonable way, or in accordance with the purposes for which our services are intended.

  10. If we cancel an Advertising Campaign, you are still required to pay the campaign Fee in full

 

General:

  1. Should inconsistencies arise between other Brand, or Member Agent agreements, these terms of use shall prevail.

  2. These terms of use constitute the entire agreement between You and CrowdSwell, and govern your use of our services, superseding any prior agreements between You and Us. You will not assign any rights or obligations under these terms of use to any third party without the prior written consent of CrowdSwell.

  3. Members may be presented with promotions, competitions, gifts, products, samples, surveys  and testing ads from our Brands in the form of Advertising Campaigns. All Advertising Campaigns are paid for or authorised by the Brand and do not represent an endorsement or recommendation by Crowdswell or our affiliates, or their directors or employees. Any dealings with any Brands as a result of Advertising Campaigns, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, goods or services, are solely between the relevant Member and the Brand or other third party.Brands and Members hereby agree that Crowdswell will not be held responsible or liable for any part of any such dealings.

  4. Any waiver of any provision of these terms of use will only be effective if in writing and signed by CrowdSwell. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these terms of use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

  5. All information provided by CrowdSwell is done so in good faith, and You accept that any information provided by Us is general, and is not in the nature of advice. We derive our information from sources believed to be accurate and up to date at the date of publication. And in the event information provided by us is not accurate, we reserve the right to update this information at any time.

  6. We do not make any representations or guarantees or provide any undertaking that the Site, our Services or Advertising Campaigns will be error free, reliable, secure or free from viruses or other harmful components or that defects will be corrected. And in circumstances where errors, issues or poor performance arise, we are not liable, nor will you, or can you, find us accountable.

  7. We do not make any warranties to the success of any Advertising Campaign, in respect of your business or commercial performance or otherwise any post, campaign, platforms or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.

  8. In using our Services you may be exposed to content or information that is harmful, obscene, misleading or inaccurate. We are not liable in any way for such content or information, including but not limited to any errors or omissions in such material or any loss or damage of any kind incurred as a result of any use of content or information posted, published, shared, recorded, created or otherwise made available through or via our Services.

  9. Users of CrowdSwell will be given access to third party products and services, and therefore the applicable manufacturers or distributors should be contacted regarding all warranty claims and any claim for loss or damage associated with their products or services, as CrowdSwell is excluded from all liability except for any liability that cannot be excluded by law.

  10. You agree that your use of our Site, Services and Advertising Campaigns is done so at your own risk, and that CrowdSwell disclaim any and all responsibilities for any damage, loss or poor performance You may suffer or incur as a result of using our Service, whether direct, indirect or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss or fault that results from any interference, malfunction, delay, failure or delay which results from using our Service.

  11. You assume total responsibility for using our Services, including all applicable laws and regulations, and Your sole remedy against CrowdSwell for dissatisfaction with our Services is to stop using Us.

  12. We are not responsible for identifying any breach of these terms by a Member or Brand.

 

CrowdSwell Intellectual Property:

  1. All Material provided via Our Website, Platform and Service is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these terms of use. Nothing in these terms of use will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in CrowdSwell materials to a Brand or Member.

  2. All right, title and interest in all intellectual property rights in all of Our brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on our website, platform or service material are the property of Ours and will remain or be vested in CrowdSwell at all times. Your use of our services will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of Our features or our services. We, on a case by case basis and to the extent required, grant to You a limited, non-exclusive licence to use our Services solely for the purpose, and to the extent necessary, to enable you to use our Services.

  3. You agree to release CrowdSwell Us and Our successors and assigns, licencees, employees, servants or agents from any claims for remuneration or other compensation associated with any form of damage, whether foreseeable or not, sustained or suffered by You (or any other person), associated with the commercial or artistic use or publication of any Advertising Campaign or Material. 

 

Indemnification:

  1. You agree to indemnify, and must defend and hold harmless, CrowdSwell and Our related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of Your direct activities with our Services):

    1. Your content or access to Our Website, Platform and Services

    2. Your use or inability to use Our Website, Platform and Services

    3. Your claim against a Brand for any reasons;

    4. Your claim against a Member for any reason;

    5. Any claim or allegation that Material infringes a third party’s rights, including intellectual property rights;

    6. Your breach or alleged breach of these terms of use, or any warranties or covenants given or made by You;

    7. Any claims made by a third party arising directly or indirectly from You breaching any provisions of these terms of use;

    8. Your violation of any applicable laws, rules or regulations;

    9. Any misrepresentations made by You.

 

  1. Members and Brands agree not to:

    1. Access the CrowdSwell platform from an account not owned by You.

    2. Enter into any other agreement, arrangement or understanding which would or may prevent or limit You from adhering to our terms of use, performing your obligations to CrowdSwell and Our Advertising Campaigns, or granting the rights and benefits set forth within, or result in a conflict of interest.

    3. Negotiate terms or payments with each other outside of CrowdSwell.

    4. Not within six months of a campaign, negotiate terms or payments for a new Advertising Campaign outside of us. If so, we reserve the right to charge a fee and seek compensation for breaching these terms of use, which You will pay immediately.

    5. Decompile, reverse engineer, disassemble, convert or authorise any third party to decompile, reverse engineer, disassemble or otherwise convert any element of our services or 3rd party technology partner of CrowdSwell.

    6. Resell, rent, lease, lend, transfer, distribute or republish any element of our platform, website, services or commercial material to any third party.

    7. Use any data mining, robots or similar data gather or extraction methods.

    8. Engage in crawling, scraping, caching or otherwise accessing any content via Our Website, Platforms or Services.

    9. Defeat, disable or circumvent any security feature within our Website, Platform or Services.

    10. Register, subscribe or unsubscribe any party to any product or service if You are not expressly authorised by such party to do so; or

    11. Without specific written approval from CrowdSwell, sell, license, lease or in any way seek to commercialise any component of our Service or Platform

  1. Members and Brands agree that:

    1. If you circumvent CrowdSwell and negotiate new fees or terms outside of the approved campaign Deliverables with each other, it will result in You being removed from Our Services and You will be liable to pay us compensation to an amount as decided by Us. 

    2. CrowdSwell is not responsible for, or do not endorse, any Advertising Campaign delivered in relation to Our Services, nor do we have any obligation to pre-moderate, monitor, edit or remove any material created in relation to our Services.

    3. We are not responsible for the conduct or behaviour of any Member or Brand during the dealings of our Services.

    4. You grant CrowdSwell a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Material for the purpose of marketing and promoting CrowdSwell (and its products and services) in any manner, without further notification to or consent of the Member or Brand or any further compensation payable to the Member or Brand.

    5. The right to use Your identity and performances of the campaign in any and all media including but not limited to all online paid media channels (including but not limited to digital banners); in all online owned media (including but not limited to the website of CrowdSwell or Looksee and internal communications of CrowdSwell or Looksee); in all social media (including but not limited to the social media channels of CrowdSwell or Looksee); and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).

 

Governing Law:

  1. These terms of use are governed by, and are to be construed, in accordance with the laws of the State of New South Wales, Australia and that any disputes about Our Service is to be determined by the courts having jurisdiction in New South Wales.

  2. Our Site and Services may be accessed throughout Australia and overseas, and CrowdSwell makes no representation that We comply with the laws (including intellectual property laws) of any country outside Australia. If You access Our Services from outside Australia, You are responsible for ensuring compliance with all laws in the place where You are located.

 

Payment:

  1. Brands are responsible for the payment of the Campaign Fees.

  2. Members are also charged a commission for participating in Advertising Campaigns.

  3. All Advertising Campaigns will have Fees. Fees, in the form of sponsored post fees, paid content fees, affiliate commissions or Platform Member Commissions, or any other service fees will be set out in the Deliverables, Insertion Orders, work service orders or as otherwise advised by CrowdSwell in writing across any other appropriate communications. In accordance with these terms of use, You are responsible for payment of these Fees.

  4. You will pay the campaign Fees in full, irrespective of results, performance or quality of services.

  5. Campaign Fees and charges paid to CrowdSwell pursuant to an invoice, will be allocated to the relevant Advertising Campaign as a credit for use in that campaign.

  6. Once Insertion Orders are signed by Brand partners, you are liable for the campaign Fees in full.

  7. CrowdSwell can accept from Brands written confirmation (including via email) approving an Advertising Campaign in lieu of an Insertion Order being provided at a later date.

  8. Where no terms of payment are stated on an invoice or otherwise agreed with CrowdSwell in writing, 14 days from date of invoice for payment terms standard will apply.

  9. CrowdSwell is a cost of goods service and is non-commissionable. No Brand or Agency rebates will be given.

  10. After an Insertion Order is signed, in the event a Brand requests to cancel a campaign, a cancellation penalty fee determined by CrowdSwell will be levied, and You will pay it immediately.

  11. Advertisers accept that CrowdSwell is bound to the contracts of Members and their Agents. If a Brand wishes to cancel a campaign, to the best of Our ability CrowdSwell will endeavour to renegotiate cancellation terms with Members, though there is no guarantee cancellation can be provided, and this can only be examined on a case by case basis.

  12. If Members do not complete all agreed campaign deliverables or materials by the campaign end date, they will not be paid at all.

  13. Members will be asked to provide financial details including your nominated bank account, whether or not you are registered for GST, your ABN, and any further required details.

  14. It is Your responsibility to notify us in the event you are registered for, and liable, to pay GST and You must keep CrowdSwell notified of any changes to GST details.

  15. If GST applies to any supply made under these terms of use, then the party making that supply may, in addition to any other amount payable, recover from the other party an additional amount on account of GST, such amount to be calculated on the basis of the current GST rate. Unless otherwise specified, any amount payable under these terms of use is exclusive of GST. Words or expressions used in these terms of use that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act.

  16. You are responsible for the accuracy of your nominated bank account

  17. After You complete the Deliverables or Material of each Advertising Campaign, you will be entitled to be paid for your services, minus any Platform Member Commission, subject to your compliance with these terms of use. If you do not comply, you will not be paid.

  18. We will pay Members for your services into your nominated bank account on behalf of the Brand by electronic funds transfer approximately 7 working days after payment has been received from the Brand partner. No payments other than the agreed campaign amount (plus GST if applicable) are payable. We will issue you with a tax invoice if requested.

  19. The relevant campaign Brand partner is solely liable for payment of the applicable Fees for Materials that you have been engaged to deliver. We merely facilitate these payments on behalf of our Brand partners, and while we may remit payment to the Member, we do not accept liability for payment of the Deliverables or Material. You will not pursue any actions, legal or otherwise, against us for any non-payment, and that this provision constitutes a bar to any such proceedings.

  20. You accept and authorise CrowdSwell, our employees, servants and agents can investigate your credit worthiness, including without limitation, making inquiries from referees, banks or any other credit providers, and the Brand or Agency hereby authorises such information sources to disclose to us, our employees, servants and agents, all information requested by us for the purpose of assessing your credit worthiness. Any terms of credit offered by CrowdSwell, including where we approve payment by invoice, may be varied by us in our sole discretion and advised to You in writing.

  21. If payment is made by credit card, CrowdSwell reserves the right to charge a credit card surcharge.

    1. For payment by credit card (or other such electronic payment systems or providers such as Paypal), You undertake that You are an authorised user of the card or account nominated on your Brand account.

    2. That the card details provided are current, correct and complete and that your nominated card or account will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means.

    3. Upon receiving your campaign, we may carry out a standard pre-authorisation check of your nominated card or account to verify the details provided and to ensure there are sufficient funds to fulfil the campaign Fee. The relevant Advertising Campaign may not be shared with Members until this pre-authorisation check has been completed.

    4. Once approved sponsored post is published, or approved advertising campaign Material is provided, you authorise us to debit the campaign fee that is payable for the service from your nominated card or account in order to pay the Fees. You will be debited based on budgets outlined in the Insertion Order. You must pay all charges in full strictly within 7 days or as otherwise advised by CrowdSwell in writing from time to time. If no timeframe for payment is stated, the payment must be received by CrowdSwell no later than 7 days from the date of the corresponding tax invoice for those Materials.

  22. If You fail to pay any charges or CrowdSwell is unable to successfully process your payment of any charges within the timeframe required, We reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. We also reserve the right to withdraw credit facilities at any time or to remove Your access to Our Service. You may also be liable to pay interest on any amount outstanding at the ATO Benchmark interest rate on the date the payment becomes due, and You may also be responsible for all reasonable expenses incurred by Us as a result of such late payment (including but not limited to costs incurred by CrowdSwell to recover any unpaid amounts). If You fail to pay any charges within the required timeframe and in the manner required, CrowdSwell reserves the right to suspend or terminate your Insertion Order and terminate any current Advertising Campaigns.

 

Acknowledgements:

  1. Campaigns can be approved by insertion orders, emails, or any other means in writting.

  2. Members are employees of CrowdSwell or our Brand partners, and we will not be obliged to pay You, or recover from You any amount, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any other payments or deductions.

  3. A Brand may arrange to send a Member a sample product. Members may request a Brand to send a sample product, though the Brand is not obligated to do so.

  4. Looksee is not responsible or liable for late delivery or non-arrival of any products sent by Us or a Brand to an Member.

  5. Addresses provided by Members through our services are not verified by CrowdSwell.

  6. If You, or CrowdSwell, sends a product to a Member to use and, or, review, there is no guarantee that;

    1. the Member will send back the product once it has been used;

    2. the Member will review the product or fulfil their campaign deliverables

  7. Should a Member fail to provide the Materials or Deliverables, the Brand can not find CrowdSwell liable for such failings.

 

Disclaimer:

  1. This clause does not apply to any Consumer Guarantee under the Australian Consumer Law. It does not apply to any liability of CrowdSwell for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Nothing in these terms of use operates to exclude any liability for death or personal injury caused by negligence, fraud, or for any Consumer Guarantee under Australian Consumer Law. While We will endeavour to take all reasonable steps to ensure that our services operate as expected, the CrowdSwell services are provided on an “as is” and “as available” basis without any warranties of any kind (either expressed or implied, to the fullest extent permissible pursuant to applicable law).

  2. CrowdSwell disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. CrowdSwell does not make any guarantees and does not provide any undertaking that the CrowdSwell services will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected.

  3. You agree that you use our Services at your own risk and that CrowdSwell disclaims any and all responsibility for any damage or loss that You may suffer or incur as a result of using our Services, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to Your device or that results from accessing, installing, updating or using our Services. You assume total responsibility for your use of our Service, including compliance with all applicable road rules and regulations.

  4. Subject to the Consumer Guarantees, your sole remedy against CrowdSwell for dissatisfaction with our Services or any Material is to stop using our Service or such Advertising Campaign or Material. This limitation of relief is a part of the bargain between the parties.

  5. If the supply of any goods or services by CrowdSwell to a Brand, Agency, Member or Member Agent constitutes a supply of goods and/or services to a Consumer then subject to the limitation to this clause below and unless the goods and/or services are Consumer Goods or Consumer Services, CrowdSwell and its affiliates’ and related entities’, its servants’, employees’ and agents’ liability for any breach of these terms of use, including any liability for any losses or consequential losses which the Brand or Member may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited as CrowdSwell may elect in its sole discretion, in the case of services supplied or offered by Us, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by CrowdSwell, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. This clause does not apply if it is not fair or reasonable for CrowdSwell to rely on it.

bottom of page