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Terms & Conditions

Introduction & Interpretation

These terms of use govern your use of the CrowdSwell Website, Platform, and Service. Access to, and use of, CrowdSwell, is strictly conditional upon your acceptance of these Terms of Use. By engaging with our Platform or Services, you acknowledge that you have read, understood, and agreed to be bound by these terms. If you are using CrowdSwell on behalf of a third-party entity, your use of the Platform serves as conclusive evidence that you have the requisite authority to act on their behalf. Consequently, you warrant that you are authorised to bind that third party to these terms, and your use of our Services automatically binds said third party to all obligations, liabilities, and agreements set forth herein. If you disagree with any part of these terms, you must not use CrowdSwell’s services.

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  • Interpretation: Interpretation of what constitutes a breach or compliance shall be made at the reasonable discretion of CrowdSwell.

  • Definitions: In these terms, any Platform users are collectively referred to as “Users”, “You”, or “Your”. “Us”, “Our”, or “We” refers to CrowdSwell (owned and operated by CrowdSwell PTY LTD, trading as CrowdSwell).

  • Acceptance: Your use of CrowdSwell is conditional upon your acceptance of these terms. Each time you use our services, you agree to be bound by the current version of these terms.

  • Authority: If using CrowdSwell on behalf of a third party, you warrant that you are authorised to bind that entity to these terms.

Status of Parties

  • Independent Contractors: Users participate in Advertising Campaigns as independent contractors. Nothing in these terms creates a partnership, agency, employment, or fiduciary relationship between CrowdSwell and any User.

  • Liability: Users are responsible for their own tax, superannuation, and insurance. CrowdSwell is not responsible for the conduct or behaviour of any User.

Intellectual Property & Content

  • User Ownership: Except where otherwise agreed in a specific Campaign Brief, all Intellectual Property Rights in the Material created by the User remain the property of the User.

  • License to Brands: By participating in a Campaign, the User grants the Brand a non-exclusive, worldwide, royalty-free license to use and amplify the Material as specified in the Campaign Deliverables.

  • CrowdSwell Promotional Rights: Users grant CrowdSwell a perpetual, irrevocable, royalty-free license to feature any Campaign Material on CrowdSwell’s website, social media, or owned marketing channels solely for the purpose of promoting CrowdSwell’s services.

  • Moral Rights: Users grant an unconditional waiver of moral rights in the Material to the extent permitted by law, allowing for necessary editing and relocation of content for campaign purposes.

Campaign Obligations & Disclosures

  • Transparency: Where Users receive any benefit or payment, they must clearly disclose the relationship with the Brand partner in accordance with the regulatory Ad Standards relevant to the Users country.

  • Accuracy: Users warrant that they have not misrepresented their audience size or engagement, or will not artificially impact or manipulate the performance of their CrowdSwell campaigns. All views expressed in Material must be honest, genuine, and represent the Member’s actual experience.

  • Modifications: Users must not change, alter, or edit Material once approved by CrowdSwell/Brand, unless directed by us.

Payment Terms

  • Facilitation Model: CrowdSwell acts as a facilitator. We remit payment to Users on behalf of the Brand.

  • "Pay-When-Paid" Policy: CrowdSwell is only obligated to pay a User after we have received cleared funds from the Brand. Users agree not to pursue CrowdSwell for non-payment caused by a Brand's default or non-payment.

  • Timeline: Payments will be made into the Users nominated account approximately 15 business days after CrowdSwell receives payment from the Brand, subject to the full completion and approval of all of User's Campaign Deliverables.

  • GST: Unless otherwise specified, all amounts are exclusive of GST. Parties are responsible for notifying CrowdSwell of their GST status.

  • Late Fees: We reserve the right to charge a late payment fee of 10% per annum on any overdue Brand invoices.

Non-Solicitation & Circumvention

  • Exclusivity: Users agree not to negotiate terms or payments outside of the Platform for a period of six months following the acceptance of a campaign.

  • Circumvention Fee: If a User bypasses CrowdSwell to work together directly during this period, CrowdSwell will charge a fee equal to the cumulative total that the User has earned from CrowdSwell to date. This amount is payable immediately.

Registration & Account Security

  • Single Account: Users may only register one account. All information provided must be accurate and current.

  • Eligibility: Users must be permanent residents of Australia.

  • Security: You are responsible for maintaining account confidentiality. We are not liable for any loss resulting from unauthorized access to your account.

Force Majeure

  • Neither CrowdSwell, the Brand, nor the Member shall be liable for any failure or delay in performing their obligations if such failure is caused by a Force Majeure Event (e.g., natural disasters, government mandates, or widespread failure of social media platforms/internet infrastructure).

Termination & Discretion

  • Right to Terminate: We reserve the reasonable right to terminate your account or cancel an Advertising Campaign if we suspect non-compliance with these terms.

  • Brand Cancellation: Once a campaign is set live, the Brand is liable for the Campaign Fees. Cancellation requests will be assessed case-by-case and may incur a penalty fee.

Liability & Disclaimers

  • "As Is" Basis: Services are provided "as is." While we take reasonable steps to ensure platform security, we do not guarantee the site will be error-free or virus-free.

  • Consumer Guarantees: Nothing in these terms excludes, restricts, or modifies any guarantee under the Australian Consumer Law.

  • Limitation of Liability: To the maximum extent permitted by law, CrowdSwell is not liable for any indirect or consequential loss, loss of profit, or damage to reputation arising from your use of the Service.

Governing Law

  • These terms are governed by the laws of New South Wales, Australia. Any disputes shall be determined by the courts of New South Wales.

Intellectual Property & Content

  • User Ownership: Except where otherwise agreed in a specific Campaign Brief, all Intellectual Property Rights in the Material created by the User remain the property of the User.

  • License to Brands: By participating in a Campaign, the User grants the Brand a non-exclusive, worldwide, royalty-free license to use and amplify the Material as specified in the Campaign Deliverables.

  • CrowdSwell Promotional Rights: Users grant CrowdSwell a perpetual, irrevocable, royalty-free license to feature any Campaign Material on CrowdSwell’s website, social media, or owned marketing channels solely for the purpose of promoting CrowdSwell’s services.

  • Moral Rights: Users grant an unconditional waiver of moral rights in the Material to the extent permitted by law, allowing for necessary editing and relocation of content for campaign purposes.

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