TERMS AND CONDITIONS OF USE
1. About the Application
1.1. Welcome to Crew Pond (the 'Application'). The Application connects contracted services between two parties (the 'Services').
1.2. Crew Pond does not mediate or deal with the transactions or contract details between the Employer and Employee or Contractor. All payment arrangements and contracted terms are made solely between the two Members but not limited to (the 'Employer/Hirer' and 'Employee/Contractor/Jobber'). Crew Pond is not an employment agency or a hirer company and takes no responsibility for any members with their contractual agreement made between the two parties and/or members that use the Crew Pond platform.
1.3. The Application is operated by Crew Pond PTY LTD (ABN 52 631 045 068). Access to and use of the Application, or any of its associated Products or Services, is provided by Crew Pond. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
1.4. Crew Pond reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Crew Pond updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Crew Pond in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription or payment fee through the Application (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services (the 'Account').
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Your personal information such as your name, address, email address, phone number and location
(b) Preferred username; and
(d) Mailing address
(e) Date of birth
(f) Profile picture
(g) Company of personal logos
(h) Your Company’s details such as the name of your Company, the address of your Company, a short description of your Company
(i) Your title at the Company
(j) A brief description of your skill set
(k) a review from your recent clients
3.5. You warrant that any information you give to Crew Pond in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription or payment period expires (the 'Subscription Period').
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Crew Pond; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you currently reside or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Crew Pond of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Crew Pond providing the Services;
(e) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Crew Pond;
(f) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Crew Pond for any illegal or unauthorised use of the Application; and
(h) you acknowledge and agree that any automated use of the Application or its Services is prohibited.
5.1. Where the option is given to you, you may make payment of the Subscription or Payment Fee by way of:
(a) Credit Card Payment ('Credit Card')
5.2. All payments made in the course of your use of the Services are made using Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their Application or website, www.stripe.com/au.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription or Payment Fee.
5.4. You agree and acknowledge that Crew Pond can vary the Subscription or Payment Fees at any time and that the varied Subscription or Payment Fee will come into effect following the conclusion of the existing Subscription Period.
6. Refund Policy
Crew Pond will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Crew Pond makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund')
7. Copyright and Intellectual Property
7.1. The Application, the Services and all of the related products of Crew Pond are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Crew Pond or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Crew Pond, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Application pursuant to the Terms;
(b) copy and store the Application and the material contained in the Application in your device's cache memory; and
(c) print pages from the Application for your own personal and non-commercial use. Crew Pond does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Crew Pond.
7.3. Crew Pond retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you
7.4. You may not, without the prior written permission of Crew Pond and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Crew Pond will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Crew Pond make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Crew Pond) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application, the Services or any of the products of Crew Pond; and
(d) the Services or operation in respect to links which are provided for your convenience.
9.4. As part of the Services, the Application provides Users with the opportunity to rate and review either of the two Members (the 'Employer' and 'Freelancer') in order to assist other Members to assess whether that user is a company or person who they might engage. The ratings and reviews will be listed on the respective profile.
(a) The Clients may rate either parties out of five stars. The rating for the parties will then be calculated as an aggregate of all ratings provided by the Members (the “Rating System”).
(b) These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future contracted matter. Crew Pond will have no responsibility or liability of any kind for any content you encounter on or through the Application, and any use or reliance on the content is solely at the Member’s own risk.
(c) Crew Pond only facilitates the Rating System and is not responsible for any rating and/or review listed on the Member’s profile. If a Member has a complaint in relation to a rating and/or review made by another Member, that Member must contact us at firstname.lastname@example.org and identify which rating and/or review that Member wishes to make a complaint about and provide Crew Pond with evidence why the Member believes that the rating and/or review is untrue or should be changed, altered or removed. Upon receipt of the complaint from the Member, Crew Pond may, at its absolute discretion, change, alter or remove the rating and/or review. However, if Crew Pond does not change, alter or remove the rating and/or review as requested by the Member, under no circumstances will Crew Pond be deemed to have published the rating and/or review.
10.1. This agreement ("Agreement") governs your conduct, your rights, and Crew Pond’s rights with respect to any submissions you make associated with the Consumer Ratings and Review Services and/or other social media services (collectively "Services") offered and used by Crew Pond.
10.2. For the purposes of this agreement: Crew Pond Pty Ltd and its subsidiaries, affiliates, assigns, successors, brands, licensors, licensees, and/or agents, can display customer ratings and reviews and/or be offered on various Crew Pond-owned or Crew Pond-sponsored websites, web pages and/or online applications, or on third party e-commerce or informational sites and/or web pages.
10.3. "Submission" means any text, photograph, video, music, audio/sound recording, artwork or other materials or information submitted to the Services.
10.4. When you submit a Submission, you agree to the following:
(a) all content that you submit is accurate;
(b) your Submission is original and was created by you;
(c) you are not an employee of Crew Pond nor do you work for an affiliate or agency of Crew Pond hired by Crew Pond to promote and/or sell Crew Pond products;
(d) Crew Pond's use of the Submission you upload does not violate the terms of this Agreement and will not cause injury to any person or entity;
(e) your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for Crew Pond or any third party;
(f) you are at least eighteen (18) years of age,
(g) You are currently a bona fide user of the Crew Pond platform(s) mentioned in your Submission.
(h) Your Submission will be made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for Crew Pond promotional purposes.
(i) The statements you make in the Submission reflect your true and honest opinion of and current experience with the Crew Pond users which you are reviewing.
10.5. SUBMISSION GUIDELINES: You agree that you shall not upload any Submission that includes or references any one or more of the following:
(a) information known by you to be false, inaccurate or misleading;
(b) offensive, profane, vulgar, obscene or inappropriate language or visuals;
(c) defamatory, libelous, or slanderous content;
(d) content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
(e) content which violates any law, statute, ordinance or regulation;
(f) content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
(g) material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
(h) material or content for which you were compensated or granted any consideration by any third party;
(i) content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way;
(j) content or materials in which you impersonate another person or entity;
(k) content or materials intended to create disruption or to mislead others interacting with the Services, such as posting multiple Submissions in an effort to monopolise the forum or posting a Submission unrelated to the Service’s designated topic or theme;
(l) content which includes third party websites, addresses, email addresses, contact information or phone numbers; or
(m) programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
10.6. Crew Pond shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your submissions and your interaction with the Services:
(a) to monitor or review your Submission;
(b) to remove or refuse to post any Submission within the Service’s tool that it deems, in its sole discretion, to violate the content submission guidelines noted above or any other provision of this Agreement; and
(c) to suspend or terminate your access to the Services as Crew Pond deems appropriate in the circumstances.
10.7. Crew Pond does not guarantee that you will have any opportunity to edit or delete any Submission that you have submitted. You acknowledge that you, not Crew Pond, are responsible for the contents of any Submission(s). None of the Submissions that you upload shall be subject to any obligation of confidence on the part of Crew Pond, its third-party service providers and agents, or their respective directors, officers and employees.
10.8. IP AND RIGHT OF PUBLICITY REPRESENTATIONS AND WARRANTIES: By uploading a Submission, you agree that you have all the rights to submit the Submission to Crew Pond. You also agree that the Submission does not contain any material or information that, through its inclusion in the Submission and/or use by Crew Pond (for any purpose), would violate or infringe upon any copyright, trademark, right of publicity or persona, right of privacy, moral rights, or other personal or proprietary right of any person or entity or violate any related law or regulation.
10.9. Your Submission(s) must consist entirely of material and/or information that is owned by you, including but not limited to any text, music, recordings, illustrations, photographic images, and video graphic clips. By submitting a Submission, you represent and warrant that it does not contain any works, material or information that is owned or controlled by anyone other than you.
10.10. You further agree that you shall not upload any Submission that contains the name, nickname, username, biographical information, vocal recordings, and/or any illustrations, photographic or video graphic clips, portraits, likenesses or pictures of any third party or any other indicia of third party right of publicity rights (collectively "Third-Party Personal Content"). By uploading a Submission, you represent and warrant that it does not contain any Third-Party Personal Content.
10.11. GRANT OF RIGHTS and RELEASE: In exchange for participating in the Services and having your Submission(s) considered for use by Crew Pond in the Services and/or as otherwise detailed below, sufficiency of which you acknowledge, you grant each of the following to Crew Pond:
(a) a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
(b) an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable right to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or video graphic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
10.12. You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above. Without limiting the foregoing, submission of a Submission constitutes your agreement that Crew Pond is permitted to display the Submission online for public viewing and/or comment (whether on Crew Pond's web pages, mobile application or on third party web pages), to incorporate the Submission in online and offline advertising, marketing, promotional, and/or other commercial materials, and to reproduce, adapt and distribute the Submission in all media, whether now known or later developed. However, Crew Pond will have no obligation to post or use any Submission(s).
10.13. By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Crew Pond and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Crew Pond's rights as noted above.
10.14. You understand that Crew Pond is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Crew Pond. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Crew Pond will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
12. Limitation of Liability
12.1. Crew Pond's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that Crew Pond, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13. Termination of Contract
13.1. The Terms will continue to apply until terminated by either you or by Crew Pond as set out below.
13.2. If you want to terminate the Terms, you may do so by:
(a) not renewing the Subscription prior to the end of the Subscription Period;
(b) providing Crew Pond with 10 days' notice of your intention to terminate; and
(c) closing your accounts for all of the services which you use, where Crew Pond has made this option available to you.
(d) Your notice should be sent, in writing, to Crew Pond via the 'Contact Us' link on our homepage.
13.3. CrewPond may at any time, terminate the Terms with you if:
(a) you do not renew the Subscription at the end of the Subscription Period;
(b) you have breached any provision of the Terms or intend to breach any provision;
(c) Crew Pond is required to do so by law;
(d) the provision of the Services to you by Crew Pond is, in the opinion of Crew Pond, no longer commercially viable.
13.4. Subject to local applicable laws, Crew Pond reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Crew Pond's name or reputation or violates the rights of those of another party.
14.1. You agree to indemnify Crew Pond, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Civil & Administrative Tribunal or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in John Maddison Tower 86-90 Goulburn Street, Sydney, New South Wales, 2000, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by Crew Pond is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.