TERMS AND CONDITIONS

Last updated: 2nd October 2017

Thank you for using Crowd Delivery! These Terms of Service ("Terms") govern your use of the Crowd Delivery services, including our website and mobile applications (the "Services"), and are entered into by you and Crowd Group Pty Ltd trading as Crowd Delivery. ABN: 82 613 220 769. ("Crowd")

By using the Services, you agree to be bound by these Terms and acknowledge our Privacy Policy, which explains how we collect, use, and share information.

If you do not wish to be bound by the Terms, please do not use the Website.

We reserve the right to amend the Terms from time to time in our sole discretion, so you should check them regularly. By using the Services at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms in use. If you do not agree to the current Terms, then do not use the Website.

If you do not understand any of the Terms, or you have any questions, please contact us at [email protected]

Our Services

We provide personal shopping services and our Services comprise of a platform that presents you with a set of retailer virtual storefronts from which you can order items for picking, packing and delivery by an individual Hero ("Hero") to your location. In some cases, picking, packing or delivery services may be performed by third parties including a retailer or third party logistics providers ("Third Party Providers").

When you use our Services to place an order for products, you authorize the purchase and delivery of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that Crowd and the Hero are acting as your agents in picking, packing and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree to your purchase being made from the retailers you have selected, and that title to any goods passes to you when they are purchased at the applicable retailers’ stores.

Crowd will obtain a credit card authorization for your credit card on file with us to cover the cost of the goods you have purchased from the retailers and any separate Crowd fees, and your card will be charged for the goods purchased by you and any applicable fees.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Crowd, Crowd does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Your Use of the Services

Crowd grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services.

Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Crowd a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Crowd may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in our Services may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using Crowd on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a user account. You agree that your are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. Crowd reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We’re constantly modifying and improving our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant Crowd the right to use such feedback or comments for any purpose without restriction or payment to you.

Crowd Memberships

Crowd memberships is a membership-based program that offers a number of deliveries per month through the Services for a monthly-based fee. If you choose to sign up for Crowd as a monthly member, Crowd will bill you the applicable fee on a monthly basis.

If you want to cancel an active Crowd membership, you must give Crowd written notice to [email protected], including your phone number, name and address, 30 days prior to cancellation. There is a cancellation fee of $20.00 if you would like to cancel without providing 30 days’ notice.

Membership fees will not be refunded if less than 30 days’ notice has been given.

We may change the fee charged for Crowd memberships on the provision of 30 days’ notice.

Payments will be debited from your card on a monthly basis on the date of the month from your initial delivery. If the payment declines we have permission to try each day until the payment succeeds.

If your membership is not up to date, you will be unable to process any orders.

Crowd Promotions

Crowd “Promotions” are Crowd coupons that are automatically applied to qualifying products upon order to help users save money on the products they love.

Promotions are subject to availability and additional terms and conditions. You should read those terms and conditions carefully. Generally, Promotions are available for a limited time only and may be subject to change, cancellation or expiration at any time. If you do not purchase the qualifying items added to your cart while the Promotion is still in effect, the discount will not apply.

Promotions apply only to qualifying items displaying the offer and may not be combined with other promotional offers.

The user is required to pay any applicable taxes related to use of the Promotion.

When Promotions are redeemed, taxes may be charged on the undiscounted original price of the product purchased.

Promotions have no cash value and may not be sold, copied, modified, or transferred.

Transactions involving Alcohol

You may have the option to order delivery of alcohol products in some locations and from certain retailers. You agree that you will comply with all applicable laws and not cause Crowd, your Hero, or any retailer to contravene any applicable laws.

If you receive your delivery in Australia, you agree that you are 18 years of age or older if you order alcohol products. If you receive your delivery in another country, you agree that you are of legal age to purchase alcohol products in the relevant jurisdiction.

If you order alcohol products, you understand and acknowledge that neither Crowd nor Hero can accept your order of alcohol products, and the order will only be delivered if the retailer accepts your order.

You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the Hero delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Crowd may cancel the alcohol-related portion of your order.

Reward schemes

External reward schemes are not valid with any order made via Crowd. This includes, but is not limited to: Flybys, everyday rewards, myIGACard and independent loyalty cards.

Third-party Products and Content

You agree that Crowd does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through our Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Crowd will have no liability based on such purchase, use or access.

Using the Website

You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or the Services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of its resources to others.

We cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release us entirely of all responsibility of any consequences of its use.

The Website and its contents are provided to you on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.

Crowd reserves the right to change the Website at any time.

Intellectual Property Rights

This Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trade marks, are protected by copyright, trade mark and other intellectual property laws.

You acknowledge and agree that we own, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.

You may not:

modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or

decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in your computer's cache and a single copy for your own personal use, any of the Website content (including any substantial part of it) must not otherwise be used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.

For the avoidance of doubt, you have permission to reproduce on the Pinterest website at http://www.pinterest.com/, any images or other works on the Website clearly marked “Pin It” or “Pin This”, but only via the designated links on the Website related to that work.

Crowd respects the intellectual property rights of others. Crowd will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.

If you believe any content posted or made available on the Crowd Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Crowd’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information:

an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright;

a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Crowd Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material);

complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address;

a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Third party Websites

This Website may contain links to other web sites controlled by third parties (Third Party Websites).

We are not responsible for the content or privacy practices of Third Party Websites.

The Third Party Websites are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by us of the third party or the products or services provided by the third party or any affiliation between us and the third party.

You access those sites and/or use those site’s products and services solely at your own risk and should make your own enquiries before relying on any content contained in such Third Party Websites.

Use of Cookies

Cookies are small pieces of information that your browser stores on your computer hard drive.

We use Cookies to provide you site usage information as well as to assist us to improve and develop the Goods and services we offer.

If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.

Accuracy of communications

You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using the Website are true, complete and accurate.

If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.

To the fullest extent permitted by any applicable laws, we hereby exclude and take no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.

Availability, withdrawal and suspension of service

Whilst we endeavour to provide continuous access to the Website, we do not warrant that your access will be safe, uninterrupted, timely, secure or error free.

Crowd may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:

if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;

if you breach any part of these Terms; or

if you use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.

Limitation of Liability

We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.

Other than expressly stated in relation to particular goods, Crowd and its related bodies corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or goods included on the Website, except as otherwise provided under applicable laws.

Subject to any rights you have under any consumer protection law, we exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

To the maximum extent permitted by applicable law, neither Crowd, nor its related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:

the Website

the conduct of any retailer from whom you order goods using the Service;

your use of the Website and any sites linked to the Website;

any information obtained through the Website;

goods supplied to you following your use of the Website;

reliance on or failure to act, on any information or service contained on or accessed through the Website;

a withdrawal or suspension of availability of a good;

errors, mistakes, inaccuracies or omissions on the Website;

personal injury or property damage of any nature resulting from your access to or use of the Website;

any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;

the quality of any product or service of any linked sites; or

an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website,

in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.

Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.

You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Indemnification

You agree to defend, indemnify and hold harmless Crowd and its related bodies corporate, officers, directors, employees, agents and affiliates (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

Termination

You can stop using the Services at any time with 30 days’ written notice to us. We may terminate access to the Services to you or any other users or stop offering the Service at any time without notice or liability at any time / on the provision of 30 days’ written notice to you

In the event of Termination, the exclusions and limitations of liability made by us in these Terms will survive termination or suspension of your access to the Website.

Refunds, returns and cancellations

Orders may be cancelled within three minutes of an order being placed. In order to cancel an order, please contact Crowd via [email protected] or phone 1300 763 871.

Crowd will not return an item or refund an item. If an order is cancelled after the purchase is made you will be charged in full for the purchase and we will continue to deliver the purchase.

General

We may in our sole discretion amend these Terms and Conditions at any time. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of an order are those that govern your relationship with us with respect to that order. If you do not agree to the modified terms, you should discontinue your use of the Services.

Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.

A failure or delay by us to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future exercise or the exercise of any power or right by or on behalf of us.

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Crowd may assign its rights, licenses, and obligations under these Terms without limitation.

Your use of this Website is governed by, construed and enforced in accordance with the laws of Queensland, Australia.

Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of Queensland, Australia. / Any dispute or difference whatsoever arising out of or in connection with these Terms or the Services shall be submitted to mediation in accordance with, and subject to, Resolution Institute Rules. If the dispute or difference is not settled within 30 days of referral to mediation (unless such period is extended by agreement of the parties), it shall be submitted to arbitration in accordance with and subject to Resolution Institute Arbitration Rules. Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of the Resolution Institute.

The Website may be accessed throughout Australia and overseas. We make no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

Crowd Delivery

[email protected]

1300 763 871