Terms of Use

About these terms

CrowdSwell is a creator marketing platform operated by Looksee International (trading as The Looksee Group), ACN 632 691 037, of 2/13-15 Wentworth Avenue, Darlinghurst NSW 2010, Australia. In these terms, "CrowdSwell", "we", "us" and "our" refer to that company, and "you" refers to the person or organisation using the platform or website.

These terms should be read together with our Privacy Policy. If you are using CrowdSwell on behalf of a business, you confirm you have authority to accept these terms on its behalf.

Eligibility and accounts

You must be at least 18 years old to create an account. You are responsible for keeping your login details secure and for all activity that happens under your account. Please let us know promptly if you believe your account has been accessed without your permission.

You agree to provide accurate information when you register and to keep it up to date.

Use of the platform

You may use CrowdSwell only for lawful purposes and in line with these terms. You agree not to:

• Misuse the platform, interfere with its operation or attempt to gain unauthorised access.
• Upload content that is unlawful, misleading, infringing or harmful.
• Misrepresent your identity, audience or performance data.
• Use the platform to send spam or to harvest data about other users.
• Reverse engineer, copy or resell any part of the platform without our written permission.

Creators

If you use CrowdSwell as a creator, you connect at least one social account so we can verify your audience stats, track content performance and build your media kit. That connection is read-only and analytical, as described in our Trust Centre. You are responsible for the content you produce, for meeting the requirements of each campaign you accept, and for disclosing commercial partnerships as required by law and platform rules.

Brands

If you use CrowdSwell as a brand or agency, you are responsible for the briefs, budgets and approvals you set, and for ensuring your campaigns comply with applicable advertising laws and platform policies. Creator data made available to you through the platform may be used only to plan, run and report on your campaigns, and not for any other purpose.

Content and licences

You keep ownership of the content and materials you upload or create. By using the platform, you grant us a non-exclusive licence to host, display and process your content as needed to provide the service. Usage rights to creator content for a specific campaign are governed by the terms agreed between the brand and the creator for that campaign.

Intellectual property

The CrowdSwell platform, website, software, branding and design are owned by us or our licensors and are protected by intellectual property laws. Nothing in these terms transfers any of those rights to you. You may not use our name, logo or branding without our written permission.

Fees and payments

Fees for using CrowdSwell, and the terms on which creators are paid, are set out in the relevant plan, proposal or campaign agreement. Unless stated otherwise, fees are in Australian dollars and exclusive of GST. We process creator payments through the platform in line with the agreed campaign terms. You are responsible for your own taxes.

Third party services

CrowdSwell connects to third party services, including social platforms, payment providers and analytics tools. Your use of those services is subject to their own terms, and we are not responsible for them. If a third party changes or withdraws access to its service, some features of CrowdSwell may be affected.

Availability

We work to keep CrowdSwell available and reliable, but we do not guarantee it will be uninterrupted or error free. We may update, change or suspend parts of the platform from time to time, including for maintenance, and we will aim to give reasonable notice of significant changes.

Liability

Nothing in these terms excludes any rights or guarantees you have under the Australian Consumer Law that cannot lawfully be excluded. Subject to those rights, and to the extent permitted by law, we provide the platform on an "as is" basis, we exclude implied warranties, and we are not liable for indirect or consequential loss. Where our liability cannot be excluded but can be limited, it is limited to resupplying the service or paying the cost of doing so.

Suspension and termination

You can stop using CrowdSwell and close your account at any time. We may suspend or terminate your access if you breach these terms, if required by law, or to protect the platform and its users. On termination, the licences you have granted for the ongoing operation of live campaigns may continue as needed to complete those campaigns.

Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State.

Changes to these terms

We may update these terms from time to time. The current version will always be available on this page, with the "last updated" date at the top. Where changes are significant, we will take reasonable steps to let you know. Continuing to use CrowdSwell after changes take effect means you accept the updated terms.

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