The website is operated by Power With Numbers Pty Ltd ACN 164 909 719 trading as OzCrowd (“OzCrowd”, “we”, “us” and “our”).
In these terms and conditions (“Terms”), “you” or “your” means a user, member or visitor of the Website and includes our customers and members.
1. These Terms apply to the use of this website and any services that are delivered or provided through this website with the domain names http://www.ozcrowd.com or http://www.ozcrowd.com.au (“Website”).
2. Your access to and use of this Website and any Services are subject to these Terms and any applicable law.
3. By using this Website in any manner, including but not limited to visiting or browsing the Website, or using the Services you agree to be bound by these Terms including those additional Terms and policies referred to herein and/or available by hyperlink. If you do not agree, you must refrain from using this Website. Without limiting our other rights and remedies we may refuse to provide any Services, and we may deny access to use this Website, to anyone who breaches these Terms.
4. All rights that are not expressly granted to you in these Terms are reserved.
5. We reserve the right to amend these Terms from time to time.
6. Amendments will come into effect from the date they are published on this Website. The updated version of these Terms will supersede all prior versions.
7. Although we will endeavour to notify members of changes to these Terms, it is your responsibility to regularly check this page for any changes.
8. Your continued use of the Website will amount to an agreement by You to be bound by the Terms as amended from time to time.
9. You do not need to register to use the functionality of the Website.
11. In registering or contributing and providing your details, you represent and warrant to us that:
(a) you are at least 18 years of age and have the power and authority to enter into a binding contract with us and with our suppliers;
(b) you are an Australian resident;
(c) the information provided by you is true, accurate, current and complete; and
(d) you will maintain and promptly update this information to keep it true, accurate, current and complete.
12. Membership is free, but is non-transferrable.
13. Once you have completed the registration process, your username and password will provide you with access to create or participate in a CrowdFunding Campaign on our Website.
14. You agree not to provide your username and/or password information to any other person other than OzCrowd without OzCrowd’s express written authority.
15. You agree to keep your password secure. You are fully responsible for all loss and damage resulting from your failure to protect your password. You agree to immediately notify us of any unauthorised use of your password or any other breach of security.
16. You agree that we are not liable for any loss or damage arising from your failure to keep your password secure.
17. We reserve the right to terminate your membership at any time and for any reason, including if we reasonably believe that you have breached any of these Terms, or that any of the information that you have submitted to us is or has become untrue or inaccurate.
18. CrowdFunding Campaigns are individual webpages within OzCrowd which provide individuals or organisations the ability to raise funds for a particular personal or business purpose (e.g. music, weddings, etc.).
19. OzCrowd allows people (Donators) to donate funds to any particular individual, organisation or other entity who has created a CrowdFunding Campaign (Campaign Creators).
20. Campaign Creators may offer tangible or intangible rewards for each donation by Donators (Rewards).
21. When creating a CrowdFunding Campaign on the Website, Campaign Creators must provide certain information about the CrowdFunding Campaign (Campaign Description), including but not limited to:
(a) the purpose of the CrowdFunding Campaign;
(b) the end date of the CrowdFunding Campaign (Campaign End Date);
(c) the target amount of funds the Campaign Creator intends to raise for the CrowdFunding Campaign (Target Funds); and
(d) any other information required by OzCrowd.
Campaign Creators agree to providing OzCrowd with a non-exclusive licence to use and distribute any information provided in the Campaign Description (including but not limited to photos, videos and names) for the purposes of promoting a Campaign or OzCrowd in general.
22. Any Rewards for Donators are provided by Campaign Creators and OzCrowd does not guarantee or warrant the provision of any rewards.
23. OzCrowd may allow an organisation (Corporate Sponsor) to include certain information (including but not limited to a corporate logo or description of an organisation) on a CrowdFunding Campaign where a Corporate Sponsor funds any particular CrowdFunding Campaign.
24. In consideration for any funding from Corporate Sponsors to a CrowdFunding Campaign, you acknowledge and consent to the inclusion of any information about a Corporate Sponsor (including but not limited to a corporate logo or description of an organisation) on your CrowdFunding Campaign.
25. You acknowledge that all Campaign Descriptions (including but not limited to photos, videos and other representations) are made by Campaign Creators (i.e. third parties) and we make no representations about the campaign descriptions.
26. We will use our reasonable endeavours to ensure that Campaign Creators provide the information as accurately as possible on our Website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
27. In consideration for the ability to post and create a CrowdFunding Campaign, Campaign Creators agree that any funds raised through a CrowdFunding Campaign (Total Funds) will only be remitted to a Campaign Creator post the conclusion of the CrowdFunding Campaign and will be reduced by the Administration Fee and any fees charged by payment providers (Residual Funds). OzCrowd may waive the Administration Fee in certain circumstances such as promotional periods.
28. The Administration Fee is equal to 2.9% of the Total Funds.
29. OzCrowd in its absolute discretion retains the right to withhold or reduce a distribution of any funds to a Campaign Creator where we believe there has been a breach of these Terms, fraud or any other action (such as technical errors) relating to a CrowdFunding Campaign. If, for any reason, OzCrowd is required to refund monies to Campaign contributors, the Campaign Creator will fully compensate OzCrowd for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs.
30. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources that we believe to be accurate and up to date as at the date of publication on this Website, and we reserve the right to update, change or remove this information at any time. We do not make any representations or warranties that the information we provide is reliable, accurate or complete.
31. When you visit our Website, we give you a limited licence to access and use our information for personal use.
32. You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Without limiting the foregoing, You may not without our written permission on-sell information obtained from this Website or use it for commercial purposes.
33. Copyright in all of the contents of the Website (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to OzCrowd. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these Terms, or with our express written permission, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any information or thing available from this Website; or
(b) commercialise any information or services available or obtained from this Website.
34. The licence to access and use the information on our Website does not include the right to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
35. Except where otherwise specified, any word, logo or device to which is attached the symbols TM or ® symbol is a registered trade mark that is either owned by us or which we have a licence to use. Using this Website does not provide you with a licence to use those trademarks in any way.
36. You may be able to link to third parties’ websites through this Website. Those links are provided for convenience only and may not remain current or be maintained.
37. We do not endorse, review, control, or examine third parties’ websites in any way and we are not responsible for the content of any third parties’ websites. You acknowledge that the inclusion of links in this website is not intended as an endorsement or recommendation of any linked website or content of such website.
39. We do not guarantee that this Website or any linked website will be free from viruses, or that this website or any linked website will be uninterrupted. We do not warrant the correctness, accuracy, timeliness, legality or reliability of any third party website, including the contents of any link framed on any part of the site. Your decision to follow a link to a third party website is entirely at your own risk.
40. We will not be liable, directly or indirectly, to you or anyone for any loss or damage caused by or in connection with use of the third parties’ websites or the content (including offensive, indecent and objectionable material) accessed through the third parties’ websites.
41. No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
43. We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Website or any linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
44. The only conditions and warranties which are binding on us in respect of the suitability, use, quality or condition of the services are those applying by operation of law and required to be binding (including the Competition and Consumer Law Act 2010). All other warranties and conditions are excluded.
45. To the extent permitted by law, the liability of OzCrowd and its employees or agents for a breach of any warranty or liability which by law cannot be excluded, restricted or modified, or under any express warranty, is limited, at OzCrowd’s option, to:
(a) the rectification of the services provided;
(b) the supply of equivalent services; or
(c) the refund of any OzCrowd administration fee for any given Campaign.
46. To the extent permitted by law, the liability of OzCrowd and its employees or agents for any and all claims for damages arising out of or in connection with CrowdFunding Campaigns and the use thereof shall under no circumstances exceed the sum of OzCrowd administration fee for any given CrowdFunding Campaign.
47. Other than as provided in these Terms, OzCrowd, its employees or agents shall not be liable for any loss or damage (including but not limited to any consequential loss or damage) of any kind whatever to you or any other person, even if due to the negligence of OzCrowd, its employees or agents.
48. You indemnify OzCrowd, its employees and agents from every liability, loss, damage, cost or expense directly or indirectly incurred or suffered by OzCrowd caused by or contributed to by your failure to:
(a) comply with any law about a CrowdFunding Campaign;
(b) take any reasonable precaution to detect any matters in relation to which we may become liable in any way (for example, under the Competition and Consumer Law Act 2010);
(c) the use of the CrowdFunding Campaign by you; and
(d) any negligence or breach of duty by the CrowdFunding Campaign Provider, you or any breach by you of these Terms.
Warranties and Liabilities in relation to the use of the Website
49. All information on this Website is provided “as is” without any express or implied warranty of any kind. We make no representations about the content and suitability for any purpose of the information contained in this Website.
50. To the extent permitted by law, We disclaim all warranties with regard to any information or other material on this Website, including any implied warranties as to merchantability or fitness for any purpose. We are not liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Website or the information contained in it. We do not warrant that access to the Website will be uninterrupted or error-free.
51. This disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
52. To the greatest extent permissible by law, We expressly exclude any liability for any direct, indirect, incidental, special, exemplary, consequential or other damages whatsoever (including but not limited to liability for loss of use, data or profits or interference with or damage to your computer systems), without regard to the form of any action, including but not limited to contract, negligence or other tortuous actions arising out of or in connection with the Website, including any content on or accessed through the Website.
53. By using this website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of this Website.
54. If a Force Majeure event causing delay continues for more than seven (7)days, we may terminate this Agreement by giving you at least seven (7) days prior notice. In this clause, “Force Majeure” means any circumstance beyond the reasonable control of the parties that results in OzCrowd being unable to observe or perform on time any obligation under these Terms, including, without limitation, acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, and strikes.
55. These Terms are to be governed by and construed in accordance with the laws of the State of Victoria.
56. You agree to submit to the exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.
57. All amounts quoted in the Website are in Australian dollars (AUD).
58. Any waiver of our rights under these Terms must be in writing. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
59. If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
60. Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
61. OzCrowd may transfer or sublicense our rights and obligations under these Terms.
62. OzCrowd may sub-contract all or any part of its performance of its obligations under these Terms to another suitably qualified person, or third party.
63. Any communication or purported communication made by you or any person purporting to be you (whether fraudulent or not) can be relied upon by OzCrowd as if it were given by you or with your authority.