Terms & Conditions
1. Your acceptance
1.1 These are the terms on which Crowdshop, a division of Whittaker Estates Pty Ltd ABN 93 084 013 356 (referred to as Crowdshop, we, our or us) permits users (referred to as you or your) to:
(a) access and use the Crowdshop website www.crowdshop.com.au (Website) including using the services and functionality made available through the Website; and
(b) view and interact with any content, information, communications, text or other material provided by Crowdshop (Crowdshop Content),
1.2 You agree to be bound by these Terms when you use, browse or access any part of the Website.
1.3 Crowdshop may from time to time review and update these Terms including without limitation to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Changes to the Website, products, services and pricing
2.1 The Website is subject to change at any time without notice and may contain errors
2.2 We may modify prices, products and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in any other circumstances).
2.3 All updates and modifications to the Website including any changes to the Crowdshop Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to products, including without limitation the availability of products, is a guide only and is subject to change without notice. We will not be liable for any reliance on Crowdshop Content including without limitation the lack of availability of products that you may order through the Website.
3. Confirmed Orders for products, services or both
3.1 You may submit a request to Crowdshop for the purchase of various goods and services by:
(a) adding your chosen goods and services to your cart and clicking the “complete order” button; or
(b) submitting your order to us via the contact us form on the Website or any other form of communication, including via email, phone or a social media communication platform,
3.2 Following our receipt and review of your Order, we may in our absolute discretion:
(a) require you to provide further information as part of your Order;
(b) accept your Order (either in full, part or subject to any other specified conditions or amendments (Additional Terms)); or
(c) reject your Order (either in full or in part).
3.3 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order (Confirmation Email). If you do not receive a Confirmation Email, your Order may not have been received by us. If you haven't received a Confirmation Email, please contact Crowdshop to check the status of your Order.
3.4 Subject to your agreement to any additional conditions or amendments which we specify in accordance with clause 3.2(b), upon notice to you of our acceptance of your Order your Order will form a binding and enforceable agreement in accordance with clause 3.5 (Confirmed Order).
3.5 By placing an Order via our Website, you are making an offer and commitment to purchase products, services or both in accordance with these Terms and the relevant Confirmed Order. To the extent we specify any Additional Terms, those Additional Terms will be notified to you. Your acknowledgment of any Additional Terms indicates your acceptance of those Additional Terms, which will upon confirmation be incorporated into these Terms in respect of that Confirmed Order.
3.6 Notwithstanding anything to the contrary, we may at any time following receipt of your Order or Confirmed Order accept, decline, or limit your Confirmed Order for any reason whatsoever, whether or not we have received payment from you. We will issue you with a refund if you have been charged or we have received payment from you, and your Order or Confirmed Order is cancelled by us.
3.7 Your Confirmed Order will be delivered to you using one of our third-party service providers.
3.8 Crowdshop does not accept Confirmed Orders originating from outside Australia.
4.1 Payment for a Confirmed Order is made online via a tax invoice sent directly to you upon completion of a Confirmed Order (Online Payment).
4.2 We accept Online Payment via eWay using VISA, MasterCard or Amex, in addition you can make your Online Payment via direct debit using the details provided on the tax invoice provided to you.
4.3 If you do not successfully complete your Online Payment in accordance with these Terms or the Confirmed Order that is acceptable to us, then we may cancel your Confirmed Order.
4.4 You must not pay, or attempt to pay, for Confirmed Orders through any fraudulent or unlawful means.
4.5 We will provide you with a tax invoice at time of completion of the Confirmed Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Confirmed Order.
5. Risk and title
5.1 Title to the products in your Confirmed Order passes to you upon the later of delivery or full payment.
5.2 All risk of loss or damage to the products in your Confirmed Order passes to you when your Confirmed Order is dispatched from our third-party suppliers or manufacturers (including their third-party suppliers) premises.
6. Refunds and Returns: Australian Online Returns Policy
6.1 Crowdshop does not manufacture any products or services made available via the Website, consequently, Crowdshop is unable to provide any returns including as a result of a change of mind.
6.2 However, to the extent a manufacturer or third-party supplier of Crowdshop permits the return or a product or service, Crowdshop will happily assist you with such return.
6.3 To arrange a return, please contact Crowdshop at email@example.com.
6.4 In most instances, where you experience an issue with a product that comes with a manufacturer’s warranty, the manufacturer will be able to provide a faster assessment and remedy than Crowdshop. The manufacturers often have dedicated customer service centres and have greater knowledge on their respective products.
6.5 Consequently, you may wish to deal directly with the relevant manufacturer although if you would prefer, we would be happy to assist you in connection with a manufacturer’s warranty.
Faulty or damaged items
6.6 In accordance with your rights under the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL):
(a) if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. Please contact Crowdshop as we may be able to assist you with obtaining a refund, exchange or compensation for the relevant item from the relevant manufacturer. An item has a major problem when:
(i) a reasonable consumer would not have bought the goods if they had known about the problem;
(ii) the goods are significantly different from the description, sample or demonstration model shown;
(iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
(iv) the item is unsafe; and
(b) if an item has a minor problem, please contact Crowdshop where we may assist you with obtaining a refund or replacement of the relevant item, or repair the item within a reasonable time from the relevant manufacturer.
7. Crowdshop Content
7.1 The Website is owned and operated by or on behalf of Crowdshop.
7.2 The materials, information and other Crowdshop Content on the Website is for general information and promotional purposes only. Any use of the Crowdshop Content, materials or information by another person or organisation is at your own risk.
7.3 The Crowdshop Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Crowdshop Content on the Website is not an endorsement of any organisation, product, service or advice.
7.4 All intellectual property rights, including copyright, in the Website and Crowdshop Content are owned or licensed by Crowdshop or any of its related entities. You must not copy, modify or transmit any part of the Website or Crowdshop Content.
7.5 The Website may contain trademarks, logos and trade names of Crowdshop or third parties which may be registered or otherwise protected by law. Subject to our express prior written consent, you are not permitted to use any trade marks, logos or trade names appearing on the Website.
7.6 Crowdshop grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.
7.7 If you have a complaint regarding any Crowdshop Content, Crowdshop's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Crowdshop Content.
7.8 We have used our best endeavours to ensure all Crowdshop Content, including all information, graphics, audio and video, and other items appearing on the Website are correct and up-to-date at the time of publication. Crowdshop does not represent or warrant the accuracy or completeness of the Crowdshop Content or that is does not contain any errors, omissions or defects.
8. Prohibited uses
8.1 You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
(a) download (other than page caching) or modify the Website or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) are commercial, including selling, marketing, advertising or promoting goods or services except as expressly permitted elsewhere in these terms;
(d) frame the Website without Crowdshop's express written permission;
(e) post, link to, or otherwise communicate or distribute any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
(f) bypass (or attempt to bypass) any security mechanisms imposed by the Website;
(g) provides access or links to any material which may infringe the intellectual property rights of another person;
(h) deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; or
(i) knowingly transmit or permit the transmission of any material, which contains a computer virus or other harmful data, code or material.
9. Links and advertisements
9.1 The Website may contain links to other websites. We have not reviewed all of the third-party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Crowdshop provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.
10. Access and communication
10.1 Crowdshop does not warrant that you will have continuous access to the Website.
10.2 Crowdshop will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
10.3 Crowdshop does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
10.4 Whilst Crowdshop takes reasonable precautions to protect information transmitted via the Website, Crowdshop cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
10.5 Crowdshop does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
(a) processing your payments for purchasing any products;
(b) providing you with goods and services you have purchased; and
(c) providing direct marketing communications to you, including but not limited to when you sign up to receive email updates from Crowdshop.
11.2 If you are submitting to the Website, including in the course of making any Order or Confirmed Order, the personal information of any other person, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms.
11.3 You agree that, by submitting your Order and confirming your Confirmed Order via the Website, you have read and understand these Terms and consent to these requirements.
12.1 You will fully indemnify Crowdshop in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) any Order and Confirmed Order placed by, or on behalf of, you;
(c) your use of the Website or Crowdshop Content;
(d) your communications with Crowdshop; or
(e) your use of third-party websites linked to the Website.
13. Warranties, consumer guarantees and limitation of liability
13.1 Subject to clause 13.2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
13.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
13.3 To the fullest extent permitted by law, the liability of Crowdshop for a breach of a non-excludable guarantee referred to in clause 13.2 is limited, at Crowdshop's option, to:
(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
13.4 Crowdshop will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, an Order, an Confirmed Order, the Crowdshop Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
13.5 Subject to this clause 13, the maximum aggregate liability of Crowdshop for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
14. Jurisdiction and law
These Terms and each Confirmed Order are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms or a Confirmed Order, their performance and subject matter.
15. International Use
15.1 We make no representation or warranty that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.
15.2 You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
17. Contacting us
18.1 We may contact you from time to time to provide you with information, advertisements, marketing material, promotional material or other similar material that may be of interest to you in respect of our products or services we may offer our customers.
18.2 By accepting these Terms, you consent to us using your details to contact you in respect of such information, advertisements, marketing, promotional material or other similar material. If you do not wish to receive marketing, advertisements, promotional material or other similar material from us, you may opt out by contacting us at firstname.lastname@example.org.