Terms and Conditions & Privacy Policy (scroll down)

ENSURE YOUR BUSINESS FITS CORRECTLY INTO THE AVAILABLE CATEGORIES.

Read though the prohibited use & note we do not approve any businesses or freelance registration that do not comply (Create Crowd reserves the right to not approve a business with out question. )

We may make small changes to ensure approval but will advise prior to publishing.

TERMS AND CONDITIONS OF USE

The following general terms and conditions (“Terms”) form a legally binding agreement between You and Us in relation to Your access to, and use of, Create Crowd.  By accessing or using Create Crowd , You acknowledge and warrant to Us that You have read, understood and agree to be bound by these Terms.  If You do not accept these Terms, You must refrain from accessing or using Create Crowd .  By clicking “I Agree” or by otherwise using Create Crowd  (which includes this version and any other update, feature or future version of Create Crowd  that We may provide) You agree to the following Terms, so You should read these Terms carefully.

In these Terms, “Create Crowd ” means, collectively and individually, the Website, the Application and the Services. Other definitions for certain capitalised terms are set out at the end of these Terms.

  1. Eligibility

By using Create Crowd  You represent and warrant that You are at least 16 years old or that, if You are younger than 16, You have the permission of a parent or guardian.  Parents and guardians of Users under the age of 16 must read and agree to be bound by these Terms and are responsible for such use of the Services.

If You are accepting these Terms on behalf of a company, organisation, association or agency as its authorised legal representative, then You represent and warrant that You have the power and authority to bind such company, organisation, association or agency to these Terms.

 

2 Access

The use of Create Crowd  or some of Our Services may require You to register with Us or open an account (including if you wish to use Create Crowd  as a freelancer).  To do so, You must complete the registration process in the manner described on Our Website or Application.  By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any person’s rights. You must also update Your details if any of them change.

Registration is non-transferable.  You are responsible for all of the activities that occur under Your account. You should carefully choose Your password and user name and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security.  We are not liable for any loss if someone else uses Your password or account.

Third party facilities, including software programs, may be necessary or appropriate in conjunction with Your access to or use of Create Crowd .  You agree that Your use of such facilities is governed by the relevant third party’s user terms and/or licence/services agreement and not by these Terms.

We reserve the right to suspend, withdraw, discontinue or amend all or any part of Create Crowd  without notice. We will not be liable if, for any reason, Create Crowd  is unavailable at any time or for any period (eg – due to maintenance).  . You are also responsible for ensuring that all persons who access Create Crowd  through Your internet connection are aware of these Terms, and that they comply with them.

 

3. Payment terms (for selected services ) 

Create Crowd listings are FREE for freelancers & small businesses under 5. Sign ups before March 2023 will always remain free. We will review the Freelance listing structure for new listings only after this date to review the number of listings and ensure the site is of maximum benefit for all listed.

Create Crowd for Viewing listings is currently free on the desktop version and will always remain free for any sign ups before January 2023.

Access to, and use of, Create Crowd , or any extra part or feature of the services, may be subject to payment of certain fees by you, as set out by us on the Website. You acknowledge that the continued availability of any part or feature (other than the free account listing)  of Create Crowd  or the services may be conditional upon continued payment of such fees.

If You make any payments for Fees with a credit or charge card or an online payment account for any services. You warrant that you are the cardholder or account holder and that the billing information provided is accurate, and You authorise us to charge the designated credit or charge card or online payment account for the total amount of the fees, plus any applicable GST.  All payments and purchases made in connection with Create Crowd  are in Australian dollars.

Where applicable, you agree to pay all GST and other similar taxes imposed in connection with the supply of Create Crowd  to you.  

We are not obliged to provide refunds of any fees paid by ou, however Wwe may offer a refund where we determine that extenuating circumstances apply.

 

4. External sites and third-party service providers

We do not endorse, warrant, guarantee or make any promises about such third parties, such external links or about any information, products or services that any third parties may supply to you..  Any transaction between freelancers & small businesses with agencies or other is direct and we do not get involved.

We accept no responsibility for any loss or damage that may arise from you accessing external links through Create Crowd  or from your use of, or engagement or transaction with, any third-party service providers.

 

5. Interactions through Create Crowd

Create Crowd  is a merely a platform intended to facilitate the interaction between Users.  You acknowledge and agree that you are solely responsible for any interaction, relationship, agreement or arrangements between You and another User.  Any transaction or dealing You may enter with any other user or in connection with any promotion is entirely at your own risk.  You agree that We are not liable for any decision made or action taken in reliance on any promotion or other information contained on or omitted from Create Crowd .  You acknowledge that any transaction or dealing You enter into with another user may be subject to You entering into a separate, binding agreement with that user. We are not a party to any such agreement or arrangement entered into by or between Users.

We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way.  If You have a dispute with one or more Users, You release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

You acknowledge that We are not obliged to verify any promotion or other information provided by any User or to otherwise conduct background checks on any user.  We will not be liable for any damages or loss that may arise from the conduct of any User in connection with the use of Create Crowd .  By using Create Crowd , you agree to take reasonable precautions in all interactions with other users.

 

6.Content on Create Crowd

You acknowledge that any information displayed on Create Crowd  (including with respect to any Promotion) is intended to be general information only and should not be considered advice or a recommendation to acquire any product or service that may be displayed on Create Crowd  or to otherwise engage in any relationship or transaction with another User (such as a Retailer).  We do not endorse or guarantee the accuracy of any promotion or other content posted or displayed by Users or other third parties.  The displaying of such promotion or other content on Create Crowd  in no way implies our endorsement or recommendation of any such information, product or service referred to or promoted in that promotion or content.  You acknowledge and agree that you will exercise all due care and caution in, and that you are solely responsible for, entering into any transaction, arrangement or agreement for the sale, purchase or consumption of information, products and/or services via Create Crowd .

You agree that You are solely responsible for any Content or information that You provide or post to Create Crowd .

7. Promotions or special offers by freelancers 

You acknowledge and agree that:

  • all Promotions are subject to availability, and We do not promise or guarantee that any Promotions will be available to You;
  • Freelancers/small business  are under no obligation to give You priority over other ordinary customers
  • any terms and conditions of the freelancer will apply in addition to these Terms with respect to that Freelancers’s Promotion;
  • Freelancers/small business  may impose certain conditions with respect to Promotions 
  • photographs appearing on Create Crowd  to illustrate details of Promotions are intended to be indicative only; and
  • Promotions may be subject to change at any time without notice.

 8. Information You provide to Us 

When You use Create Crowd , You may send personal information to Us. We will use, store and handle this information in accordance with the requirements of the Privacy Act 1988(Cth) that apply to Us and Our privacy policy which may be accessed at Create Crowd .com.au. Our privacy policy applies to You and Your use of Create Crowd  at all times.

We do not claim ownership of the information, Content or data (which may include geographic location data) that You provide to Us in using Create Crowd  (Your Data).  You (or Your licensors, as applicable) will continue to own any and all Intellectual Property in Your Data. 

We will only use Your Data for the purposes of providing the Services; for operating, promoting or improving Create Crowd ; for developing  and for any other purposes set out in Our privacy policy or these Terms. This means, for example, that We might use Your Data to compile statistical information for use in marketing Create Crowd , to make improvements to it, or to develop complementary products or services.  We or Our partners may also use Your Data for direct marketing purposes, including to provide updates, newsletters, events or other communications that We think may interest You.  

If You use third party programs in conjunction with Create Crowd , You acknowledge that We may allow the providers of those third party programs to access such of Your Data as required for the interoperation of such third party programs with Create Crowd .  We are not responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third party program providers.

You warrant and undertake to Us that any and all of Your Data provided by You or with Your authority (including with respect to any Promotion):

  • is accurate, complete and up-to-date;
  • is not misleading or deceptive;
  • does not contravene any Applicable Laws or violate or infringe any copyrights, trade marks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy; and
  • otherwise complies with these Terms.

If You would like to know more about how We use, store or handle Your Data (including Your personal information), please contact Us at amy@Create Crowd app.com.au.

 

 

9. Advertisement information and cookies

We may allow certain Users to post information (including with respect to Promotions) on the Application and/or the Website. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by any User. Users are solely responsible for relying on any such information. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from us.

Advertisements displayed on Create Crowd  (which may be delivered by Our advertising partners) may set cookies.  These cookies, which are industry standard and used by most websites, allow the ad server to recognise Your computer each time they send You an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.  If you do not want information to be collected through the use of cookies, there is a simple procedure in most browsers that allows You to deny or accept the cookie feature.  Please be aware that denying the cookie feature may prevent you from taking full advantage of Create Crowd .

 

10. Changes to Create Crowd  and its availability

We may change or improve Create Crowd at any time.  For example, We may develop and distribute updates, enhancements or new features.  We may also restrict access to all or any part of Create Crowd , stop making Create Crowd  available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time.

We will always try to give You notice of any changes to Create Crowd  or its availability before such changes take effect, although this may not always be possible.  To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such actions.

 

11. Intellectual Property

We, and our licensors (as applicable), own all Intellectual Property in and to Create Crowd (including any updates, enhancements and new features), and any material published on Create Crowd . This material includes, but is not limited to, the design, layout, look, appearance, graphics, trade marks, branding and logo. You must not copy, modify, distribute, sell or lease any part of our Intellectual Property other than in accordance with this section.

Create Crowd , and the Content published on it, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Website for Your personal use and You may draw the attention of others within Your organisation to Content posted on Create Crowd . You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content on Create Crowd must always be acknowledged. You must not use any part of the Content on Create Crowd  for commercial purposes without obtaining a licence to do so from Our licensors or Us.

If You print off, copy or download any part of Create Crowd  in breach of these Terms, Your right to use Create Crowd  will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

Subject to and on the terms of these Terms, We grant You a limited, personal, revocable, royalty-free, non-assignable and non-exclusive licence to use Our Intellectual Property in and to Create Crowd  solely to enable You to enjoy the benefits of Create Crowd  as intended by Us under these Terms.

 

12. Prohibited uses

You agree that You will only use Create Crowd for lawful purposes. If You send or post information on or using Create Crowd, You are responsible for anything You send or post. You must not send or post anything that is offensive, infringes any person’s rights, is against any Applicable Law, or which We think is inappropriate.

You must ensure that Your access to and use of Create Crowd is not illegal or prohibited by any laws which apply to You.  By using Create Crowd, You represent and warrant that You will not:

  • infringe the rights of any other person, including without limitation any intellectual property rights;
  • provide false information, misleading or inaccurate information to Us or any other user;
  • defame another person;
  • impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
  • post Content that is not accurate, complete or correct or may otherwise mislead or deceive other persons;
  • disclose another person’s confidential information or otherwise contravene Your privacy obligations or any other person’s privacy obligations;
  • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from Create Crowd  for any purpose, including without limitation use on third-party websites;
  • attempt to probe, scan, or test the vulnerability of Create Crowd  or any associated system or network, or breach security or authentication measures without proper authorisation;
  • post any Content that is illegal or may constitute or encourage any contravention of any applicable laws by any person;
  • threaten, offend or abuse another User; or
  • do anything which is otherwise, in Our view, inappropriate or harmful to Create Crowd .

We may remove from, or refuse to display on, Create Crowd  anything that We think is inappropriate or in breach of these Terms in Our absolute discretion.  We will not allow Retailers from the following industries to use Create Crowd :

  • drug and alcohol industry;
  • sex industry;
  • mutli-level marketing industry; or
  • any illegal industry.

 

 

13. Security and integrity

While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guaranteethat there will be no loss of data and We expressly exclude liability for any loss of data no matter how caused.

 

if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised  activity. Examplesinclude:

 

 

  • attempting to gain unauthorised access to any part of Create Crowd , servers or system infrastructure You were not intended to have access to;
  • use Create Crowd  in a way that was not intended by Us;
  • attempting to reverse engineer Create Crowd  or any system or offering provided through it;
  • interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to Create Crowd ;
  • sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
  • using any feature of Create Crowd  or any other means to send unsolicited commercial correspondence to other Users.

PRIVACY POLICY 

    1. Introduction

    This document is the Create Crowd (Jamesdaisy Pty Ltd) Privacy Policy (“Policy”), which applies under the Australian Privacy Principles.

    The Policy sets out how Create Crowd (Jamesdaisy Pty Ltd) collects and processes Information about you, when you engage with us. For example, if you visit our website; use our apps on mobile phones; or access our social media where this Policy is posted. By continuing to engage with us, you consent to your Information being collected, processed and/or shared in accordance with this Policy.

 

  1. Information we collect

We collect two types of information: Personally Identifiable Information – this is any information that, by itself, identifies you or would easily enable someone to contact and/or identify you, such as your name, email address or phone number; and Non-Personally Identifiable Information – this refers to all other information about you that you may provide to us or that we may collect from you.

In this Policy, both kinds are known as “Information”.

You may actively give us Information about yourself when you create an account and become a Member (with us; respond to a customer survey; email us; or post on any of our social media in a public forum. In this Policy, these types of engagements with us are known as “Engagements”.

The Information that you provide may include, but not be limited to, your name, gender, date of birth, email address, telephone number, delivery address, billing address and payment information, and login and password.

Please note also that Information you disclose in public chat and similar forums is accessible by anyone, including third parties not bound by this Policy.

In any Engagements by you, we may also automatically collect the following Information even if you have not actively given it to us: your IP address, log-in information, location information (for example, via GPS or Wi-Fi), browser type and version, browser plug-in types and versions, operating system and platform, information about your visit including the URL clickstream to, through and from one of our Engagements, products and/or content you viewed or searched for, download errors, length of visits to certain pages and page interaction, and in the case of our mobile Engagements, the other Engagements you have downloaded and how you use those Engagements. We collect Information automatically through the use of various technologies, including through cookies.

We acquire Information from other trusted sources (including, for example, business partners, advertising networks, and social media), and from other Jamesdaisy Pty Ltd entities and affiliates, to update or supplement the Information you provided or we collected automatically. This includes Information from your social media account when you grant us access to your social media account in connection with, for example, creating a Membership Account with us. Where permitted by law, we may combine this Information we receive from other sources, and with Information you give to us or that we collect about you. If you have created a Membership Account on one of our Engagements, you can contact us to receive a copy of the Personally Identifiable Information we collect from you via your Membership Account and correct, amend, or delete Personally Identifiable Information that is inaccurate. You may also close your Membership Account altogether.

It is your responsibility to ensure that you submit true, accurate and complete Information via your Membership Account and keep it up to date. You may also update your Personally Identifiable Information by contacting us through the contact details provided below. Please make sure to include

your name, username, and post code in your initial correspondence; this helps us protect the details and preferences on your Account from unauthorised access.

  1. How we use, share and disclose your Information

We may use your Information for the purposes of enabling you to use our Engagements, enabling us to fulfil orders you make (such as for products, services or newsletters), to send you marketing materials, and provide personalised content and experiences.

We may also use the Information we collect to administer our Engagements for internal purposes, including troubleshooting purposes; optimise or improve our products, services, operations, and Engagements; as part of our effort to keep our Engagements safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; to communicate with you about your Account or transactions with us and send you information about features on our Engagements or changes to our policies; to provide you with advertising based on your activity on our Engagements and on third-party sites and Engagements; to make suggestions and recommendations to you and other users of our Engagements about goods or services that may interest you or them; and to detect, investigate and prevent activities that may violate our policies or be illegal.

  1. User choice, including how to opt in or opt out from direct marketing

As noted above, we, and selected third parties with whom we share your Information, may use your Information for direct marketing purposes, including to provide updates, newsletters, events or other communications that we think may interest you. Where required by law, your prior consent will be obtained before we send direct marketing. In any event, we will offer you the option to unsubscribe from electronic marketing materials. If you do not wish us to share your Personally Identifiable Information with third parties for their marketing purposes, please contact us by way of the contact details provided below.

  1. Data Security and Retention

We apply appropriate security measures aimed at protecting your Personally Identifiable Information that is under our control from unauthorised access, collection, use, disclosure, copying, modification or disposal. We will notify you in compliance with applicable law regarding any data breach. Where you have a password that enables you to access our Engagements, you are responsible for keeping this password secure and confidential. Please be advised that we may retain some personal information after you delete your Membership Account, for example if necessary to meet our legal obligations or for tax and accounting purposes.

  1. Use of Engagements by minors

The features, programs, promotions and other aspects of our Engagements requiring the submission of Personally Identifiable Information are not intended for young children. We do not knowingly collect Personally Identifiable Information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed Personally Identifiable Information to us please contact us by way of the contact details below. A parent or guardian of a child under the age of 16 may review and request deletion of such child’s Personally Identifiable Information as well as prohibit the use of that Information.

 

  1. Online Tracking – Cookies and other technologies

We may use third party tools to make the advertising we show you on our Engagements and/or our partner websites more relevant and interesting to you. For this purpose, we use cookies, flash cookies, web beacons or similar technologies to collect Information about your browsing behaviour, and deliver interest-based ads to you. A cookie is a text file containing small amounts of information that a website can send to your browser, which may then be stored on your computer as a tag that distinguishes your computer but does not name you. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies; however, if you do this, some of the features of our Engagements may not work properly. You can also reject certain cookies served through Engagements by opting out on the website of the third party placing the cookie, which you can identify through your browser.

  1. Changes to the Policy This Policy was last updated in December 2018. A notice will be posted on our Engagements for 30 days whenever this Policy is changed in a material way. By continuing to use our Engagements you confirm your acceptance of the relevant changes.
  1. Complaints about privacy

If you believe that we have breached the Australian Privacy Principles or this Policy, or you have any concerns about how your Information will be used, please contact us by way of the contact details provided below. We will respond to your complaint within 30 days. If our response does not satisfy you, you may apply to the Office of the Australian Information Commissioner.

  1. Overseas disclosure

We do not anticipate that any Information is likely to be disclosed to overseas recipients in countries within which we do not operate.

If you have a question or concern about this Policy or our handling of your Information, you can contact us by way of the contact details provided below.

Questions about this Policy

Amy Marshall amy@createcrowd.com.au