The Crowd view Participation Agreement
August 2019
1. General
1.1. By registering for and using the Site and/or Application, you certify that (1) you are at least 18 years old; (2) you have the authority to enter into this agreement and bind yourself or the company you represent; (3) you agree to be bound by all terms and conditions of this agreement, including all applicable policies, procedures and guidelines. If you do not agree to be bound by the following terms and conditions do not register to use the Site or Application (App).
1.2. This participation agreement (the “Agreement”) is between you and The Crowd view (as defined below) and governs your and The Crowd view’s respective rights and obligations with respect to your offering for sale, selling, requesting, purchasing, and/or providing Services (defined below) on or through the Site and the App (as defined below).
1.3. For purposes of this Agreement: (a) “Affiliate” means any entity controlled by, in control of, or under common control with The Crowd view; (b) “End user ” means you, if you use the Site to obtain information in relation to and subsequently perform Services requested by a Client; (c) “App” means the mobile app known as “The Crowd view” which is made available by Setup4 Pty Ltd; (d) “Redeem” has the meaning given in section 10.1; (e) “Client” means you (and includes any company or entity that you validly represent in obtaining Services under this Agreement), if you use the Site to request that an End user perform Services; (f) “The Crowd view”, “we”, “us” or “our” means The Crowd view (Setup4 Pty Ltd); (g) “The Crowd view Fees” means the fees set out in the Policies; (h) “Materials” has the meaning given in section 4.5 (i) “Permits” has the meaning given in section 6.2; (j) “Prepaid Job” has the meaning given in section 5.2; (k) Policies” has the meaning given in section 1.4; (l) “Privacy Notice” means the The Crowd view privacy policy available on the Site or from The Crowd view and as amended by The Crowd view from time to time; (m) “Services” means any service that a Client sells, offer to sell, requests, purchases, and/or provides on or through the Site; and (n) “Site” means the The Crowd view web site located at www.thecrowdview.com and any successor website thereto, including all services provided by us to you through the service platform on the Site.
1.4. This Agreement is comprised of (1) the terms and conditions set out in this Agreement; and (2) all applicable policies, procedures and/or guidelines that appear on the Site from time to time (collectively, the “Policies”). The Crowd view reserves the right to change any of the terms and conditions contained in this Agreement and/or any of the Policies at any time in its sole discretion. Any changes will be effective upon posting of the amended Agreement or Policies on the Site and may be made without any other notice of any kind. You are at all times responsible for reading and understanding each version of this Agreement and the Policies.
1.5. Your continued use of the Site following The Crowd view’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to this Agreement or any Policy, do not continue to use the Site or the App.
2. Registration
2.1. Registration: In order to use the Site and the App you must register. When you register with the Site or the App, you will be asked to provide us with, at a minimum, your name and a valid email address. If you are registering as an End user, you may also be asked to provide demographic information. You agree to provide us with true and accurate information, and to update that information to the extent that it changes in any way. When registering or updating your information, you must not impersonate any person or use a name that you are not legally authorized to use. You warrant that all information provided by you (including any information provided following your initial registration) is true and correct in all respects as at the time the information is provided and that you will, if any of your information changes, immediately revise
the information that you have registered with the Site or the App to reflect your revised information.
2.2. Passwords and Account Use: You are solely responsible for maintaining the secrecy and security of your password. You must not disclose your password to any third party (other than third parties authorized by you to use your account). You are solely responsible for any use of or action taken under your password on the Site or via the App. If your password is compromised, you must change your password.
3. The Crowd view’s Role
3.1. Own risk: The Crowd view provides a venue for third-party Clients and third-party end users to enter into and complete transactions. The Crowd view and its Affiliates are not directly involved in the transactions between Clients and End user s. As a result, we have no control over the quality, safety or legality of the Services, the ability of End users to provide the Services to Clients’ satisfaction, or the ability of Clients to pay for Services. We are not responsible for the actions of any Client or End user. We do not conduct any screening or other verification with respect to Clients or End users, nor do we provide any recommendations. As a Client or an end user, you use the Site and the App entirely at your own risk.
3.2. Removal of requests: Despite clause 3.1 if we become aware of a request for any Services that we, in our absolute discretion, consider to be (1) illegal; or (2) morally unacceptable, we reserve all rights to reject the request for Services and remove all references to such request from the Site and the App.
4. Your Use of the Site and App
4.1. Request for Services: Clients may use the Site and the App to request the provision of Services by an End user. Clients must, in relation to each such request, abide by any policies or procedures specified by The Crowd view in relation to requesting the provision of Services and must pay End user s for the provision of Services as set out in sections 4.2 and 5.
4.2. Clients in General:
(1) Upon submitting a request for Services, you must:
(a) pay the anticipated costs (including all fees charged by The Crowd view) associated with the performance of the Services in accordance with clause 5; or
(b) agree with The Crowd view in writing to any payment arrangements other than those set out in clause 5.
(2) As a Client, you will be charged:
(a) a fee by The Crowd view for your use of the Site and/or the App in connection with each request for Services as per the chosen plan; and
(b) fees for the provision of Services by End users.
The fees will be determined based on the standard The Crowd view Fees in place at the time you request Services. All fees are in Australian dollars (unless stated otherwise) and may be varied from time to time. You agree to pay the amounts set forth in the The Crowd view Fees (applicable as at the date your lodge a request for Services) on the terms set forth herein and therein, and to check the fees and terms each time you use the Site.
(3) You acknowledge and agree that End user s are performing Services as hobbyists and have warranted their status as such. However, you acknowledge that repeated and frequent performance of Services by the same End user could result in reclassification of their status and you agree to seek independent legal advice in relation to this issue if required.
(4) To the extent you receive any contact or personal information regarding any End user who has performed Services for you, such information may only be used as necessary for you to comply with applicable laws and for no other purpose whatsoever. You agree that if such information is “Personal Information” or “Sensitive Information” for the purposes of the Privacy Act 1988 that you will comply with the Privacy Act in relation to the way in which you use the information. Further, you agree that you will only accept work product from End user s that has been submitted through the Site.
4.3.End users in General:
(1) You may only register once with The Crowd view as an End user. End user s may perform Services for any Client in accordance with the specifications submitted by the Client. However, if the Services you provide do not meet the Client’s reasonable satisfaction, the Client may reject the Services and repost the specific request, in which case, you will not be awarded for the Services provided.
(2) You agree that the work product of any Services you perform is deemed a “work made for hire” for the benefit of the Client, and all ownership rights, including worldwide intellectual property rights, will vest with the Client immediately upon your performance of the Service. To the extent any such rights do not vest in the Client under applicable law, you hereby assign or exclusively grant (without the right to any compensation) all right, title and interest, including all intellectual property rights, to such work product to the Client.
(3) You acknowledge and agree that you are performing the Services as an individual. You acknowledge and agree that you are not performing the Services as a contractor or employee of The Crowd view or the Client. You warrant that your supply of Services is made in the course or furtherance of an activity done as a private recreational pursuit or hobby and agree to provide The Crowd view with further confirmation of this status if reasonably required by The Crowd view.
(4) You specifically acknowledge and agree to the following: (i) you will not use robots, scripts or other automated methods to complete the Services; (ii) you will submit all work product through the App only, and not directly to a Client; (iii) you will provide Clients for whom you perform Services with any information reasonably requested by them in connection your performance of such Services; (iv) you are responsible for, and have and will, comply with all applicable laws and registration requirements, including any requirements of the Australian Taxation Office and maximum working hours regulations; (v) this Agreement does not create an association, joint venture, partnership or franchise, employer/employee relationship between End user s and Clients, or End user s and The Crowd view; (vi) you will not represent yourself as an employee or End user of a Client or The Crowd view; (vii) you will not be entitled to any of the benefits that a Client or The Crowd view may make available to its employees, such as annual leave, sick leave, carer’s leave, superannuation or insurance programs; and (viii) you are not eligible to recover worker’s compensation benefits in the event of injury. If you have any questions about your obligations to comply with local laws and regulations, you should seek independent legal advice.
4.4. Listing and Promotions Generally: As a Client or End user, you may not sell, offer for sale, request, purchase, or provide any Service that violates applicable law or is prohibited by the Policies. Notwithstanding any provision of this Agreement, The Crowd view will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Site (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Site and/or any page thereof and any element, aspect, portion or feature thereof, from time to time).
4.5. Information and Feedback: You must supply accurate and complete information for all Services in accordance with our data requirements, as may be designated by us from time to time, including in the Policies. You recognize and agree that The Crowd view will implement mechanisms allowing us and others to track your requests for, or your performance of, Services and rate your performance as a Client or End user (as the case may be). The Crowd view reserves the right to collect feedback regarding your performance and to post such feedback on the Site. You may not take any actions that may undermine the integrity of the feedback system. You agree that submission of any information, feedback, content, data or other materials (collectively, “Materials”) is at your own risk, and that none of The Crowd view, its Affiliates, Clients or End user s has any obligations (including without limitation obligations of confidentiality) with respect to such Materials. You represent and warrant that you have all rights necessary to submit the Materials. You hereby grant to The Crowd view and its Affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Materials, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site. For avoidance of doubt, if you are a Client, if you create any tests, specifications, criteria lists or other programs for use on the Site to evaluate or otherwise select End user s they will be considered Materials for the purposes of this Agreement and may be used and/or referenced by us or other Clients and End user s pursuant to the license granted above.
4.6. Customer Service: The Crowd view will be responsible for and will have sole discretion regarding all customer service issues relating to use of the Site and its features.
4.7. Disputes between Clients and End users: Your use of the Site and App is at your own risk. The Crowd view will not be involved in resolving any disputes between participants related to or arising out of the Services or any transaction.
5. Rewards Service
5.1. Rewards: While you create a sales-call each sales call will have a pre-defined voucher/s or points which will be awarded once the sales call is verified (mentioned in 5.2) and closed.
5.2. Verification Process: Once a sales call is submitted completed by an end user the sales manager then will verify that sales call and end user will be rewarded based on the quality of the evidences based on compliance standards.
5.3. No rewards: Sometimes the submitted calls and evidences are not according to the compliance standards and the data cannot be used. In similar scenarios Sales manager, The Crowd View and the client may close a call and choose not to reward the end user in some cases.
6. Compliance with Laws
6.1. Taxes: If you are an End user, you warrant that you are supplying the Services (1) as an individual; and (2) in the course or furtherance of an activity done as a private recreational pursuit or hobby.
You agree that it is your responsibility to determine any and all taxes and duties, including without limitation, goods and services tax, PAYG, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any request for, or performance of Services, or your use of the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, End users, contractors or representatives (“Taxes”) and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. You also agree that The Crowd view and its Affiliates are not obligated to determine whether taxes apply and are not responsible to collect, report, or remit any taxes arising from any transaction.
6.2. Registrations: You agree that it is your responsibility to determine whether and to what extent any permits, registrations, authorisation or filings (including without limitation with respect to the transfer of technology) are required by any governmental agency in any jurisdiction in which you have requested or are performing Services (“Permits”). You also agree that The Crowd view and its Affiliates are not obligated to determine whether any such permits apply to any transaction.
6.3. Compliance with Laws: The Site and App may be used only for lawful purposes and in a lawful manner. You must not use the Site and App in any manner that violates any applicable law or governmental regulation. In addition to your obligations with respect to Taxes and Permits above, you agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you request or perform Services.
6.4. Investigation: The Crowd view has the right, but not the obligation, to monitor any activity, content and Materials associated with the Site and App. The Crowd view may investigate any reported violation of its Policies or complaints and take any action that it deems appropriate.
7. Disclosure of Information; Confidentiality; Privacy
7.1. Our Use of Data and Communications: Our Privacy Notice and this Agreement describe our collection, use, and disclosure of information associated with the Site and App, including how we handle personal information. In addition to the disclosures described in our Privacy Notice, if you are an End user we will disclose your name and address to Clients for whom you have provided Services to the extent that those Clients require the information to comply with applicable laws You consent to us disclosing such information to Clients for the purposes stated above. You acknowledge that your consent extends to any information that is “personal information” or “sensitive information” for the purposes of the Privacy Act 1988 (Cth). If you are a Client, you agree and acknowledge that you will (1) only use information provided by End user s or us in accordance with this clause 7 or as otherwise agreed by the relevant End user ; and (2) you will, in using such information, comply with the requirements of the Privacy Act 1988 (Cth) so far as that Act relates to the information.
7.2. Your Use of Data and Communications: You may use information or other data acquired from your use of the Site solely to the extent necessary for you to use the Site and for no other purpose, including but not limited to, for purposes of solicitation, advertising, marketing, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct.
7.3. Press Releases and Public Disclosures: You may generally publicise your use of the Site and the App, however you may not issue any press release with respect to The Crowd view, the App or the Site, without The Crowd view’s express prior written consent.
8. Disclaimers
8.1. The Site and the App, the rewards service and the Services are provided on an “as is” basis. To the fullest extent permitted by applicable law, The Crowd view makes no representations or warranties of any kind, express or implied, including without limitation:
(1) any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement;
(2) that the Site, the App, the rewards service or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error, or will contain any particular features or functionality;
(3) that the information, content, or materials included on the Site and the App will be as represented by Clients or End user s, that the Services are lawful, or that Clients or End user s will perform as promised; or
(4) any implied warranty arising from course of dealing or usage of trade.
9. General Release
The Crowd view is not involved in transactions between Clients and End user s or other participant dealings. Accordingly, you hereby release The Crowd view and its Affiliates (and their respective employees, directors, End user s and representatives) from any and all claims, demands, actions and damages (actual, consequential and otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site or the App or any dispute arising out of your use of the Site or the App.
10. Indemnity; Limitation of Liability
10.1. Indemnity and Defence: You indemnify and hold harmless The Crowd view and its Affiliates (and their respective employees, directors, end users and representatives) from and against any and all claims, costs, losses, damages, judgements, penalties, interest and expenses (including legal costs, whether or not assessed under a retainer or costs agreement in place between The Crowd view and its legal representatives) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity (“Claim”) that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your Services and any Materials, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Materials; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Site.
10.2. Limitation of Liability: To the fullest extent permitted by applicable law, The Crowd view and its Affiliates will not be liable for any indirect, incidental, punitive or consequential damages arising out of or in connection with this Agreement, the Site (including your use of the Site), the App (including your use of the App), the rewards Service, the Services, the inability to use the Services, or any services purchased or obtained or messages received or transactions entered into through the Site or the App. To the fullest extent permitted by applicable law, in no event will The Crowd view’s or its Affiliate’s aggregate liability arising out of or in connection with this Agreement or the transactions contemplated hereby, whether in contract, tort (including negligence, product liability or other theory), warranty or otherwise, exceed the amount of fees earned by The Crowd view in connection with your request for, or your performance of, Services during the twelve (12) month period immediately preceding the event giving rise to the claim for liability.
11. Copyrights and Trademarks.
11.1. The Site and the App, and the information which they contain, are the property of The Crowd view and its affiliates and licensors and are protected from unauthorized copying and dissemination by Australian copyright law, international conventions and other intellectual property laws. The trademarks and logos displayed on the Site or the App are trademarks of The Crowd view or its licensors except as otherwise noted. Nothing on the Site should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in this notice.
11.2. To the extent permitted by law, no part of the Site or the App may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission or separate agreement from The Crowd view.
12. Applicable Law
The law of Victoria governs this Agreement. You submit to the non-exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia.
13. Termination
You may at any time elect to stop using the Site and App, provided that in discontinuing any Site or App activities, you must use The Crowd view’s standard functionality and further must abide by all applicable Policies. The Crowd view, in its sole discretion, may terminate this Agreement, suspend access to the Site, or remove any Service listings immediately without notice for any reason.
14. General Provisions
14.1. Entire Agreement: This Agreement (as amended) and the general terms and conditions of the Site and App, including the Policies, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
14.2. Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement at any time, without notice. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns.
14.3. Severability: If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
14.4. No Waiver: We will not be considered to have waived any of our rights or remedies, or portion thereof, unless the waiver is in writing and signed by us. The Crowd view’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of The Crowd view’s right to subsequently enforce such provision or any other provisions of this Agreement
14.5. Notices: All notices relating to this Agreement (including the Payment Service) will be sent by e-mail or will be posted on the Site. We will send notices to you at the e-mail address maintained in our records for you. You must send notices to us at our current e-mail address published on the Site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient.
14.6. Australian Application: You acknowledge that the information presented on the Website and the App, and the terms of this Agreement, have been prepared in accordance with Australian law but may not satisfy the laws of other countries. If you are residing in a country other than Australia (User Country), you acknowledge that:
(1) if the information and this Agreement satisfy the laws of the User Country, then you are entitled to use and access the Site and the App; and
(2) if the information and this Agreement do not satisfy the laws of the User Country, then this Site and the App are not intended for your use and you are not entitled to use the Site, the App or rely on the terms of this Agreement. In such instances, you must direct all inquiries to the e-mail address. If you do rely on this Site or the App, you agree to indemnify The Crowd view for any loss, costs, liability or damage which The Crowd view may incur as a result.