PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Good Crowd Pty Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.the-good-crowd.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that The Good Crowd is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Good Crowd’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of www.the-good-crowd.com.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
The Good Crowd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The Good Crowd.
Terms of any partnership entered into by You with The Good Crowd is covered in separate Partnership Agreement documents, which should be read in conjunction with these website Terms and Conditions.
Terms of Panel Membership entered into by You through www.the-good-crowd.com is covered in separate Terms and Conditions agreed when registering for Panel Membership, which should be read in conjunction with these website Terms and Conditions.
LINKS TO OTHER WEBSITES
The Good Crowd may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Good Crowd and the owners of those websites. The Good Crowd takes no responsibility for any of the content found on the linked websites.
The Good Crowd’s website may contain information or advertisements provided by third parties for which The Good Crowd accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, The Good Crowd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Good Crowd gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of The Good Crowd to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. The Good Crowd’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
The Good Crowd may be required, in certain circumstances, to disclose information in good faith and where www.the-good-crowd.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.the-good-crowd.com. The Good Crowd expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.the-good-crowd.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Good Crowd reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
The Good Crowd expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and www.the-good-crowd.com concerning your use and access to The Good Crowd’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and The Good Crowd that results in litigation, then you must submit to the jurisdiction of the courts of NSW.
Terms and Conditions of Panel Ownership are covered in a separate agreement. A copy of the Agreement is available on request from firstname.lastname@example.org.
DIRECTORY MEMBERSHIP (SLDv1.1) – Updated 29th August 2019
1.1. You agree to The Good Crowd Pty Ltd (TGC) setting up a co-branded online survey panel on The Good Crowd platform using your logo and branding, listing this panel in the TGC Fundraising Directory, inviting the public to join the panel (Panelist) and generating revenue through their participation in ongoing online market research surveys (Surveys).
1.2. Your agreement is confirmed by checking the Terms & Conditions on our website, giving us written confirmation to proceed and/or by sending us an approved version of your logo.
2.1. Cookies – Small text files that a website transfers to a computer’s hard drive.
2.2. GDPR – The EU General Data Protection Regulation 2016/679.
2.3. Panelist – An individual who has been a registered member of the panel in the last ninety (90) days and includes Survey Participants.
2.4. Personal Data – Any information relating to an identified or identifiable natural person (i.e., a private individual as opposed to a corporate or other comparable entity) and includes Sensitive Data. An identifiable natural person is someone who can be identified directly or indirectly by reference to an identification number or the person’s physical, physiological, mental, economic, cultural or social characteristic.
2.5. Survey – A series of interlinked market research questions hosted on a secure external website or Survey Site. Reference to Survey includes reference to any other market research related activity.
2.6. Survey Participant – A Panelist who participates in a Survey.
3. Directory Members Benefits
3.1. Revenue (Donation)
a) TCG agrees to donate funds to you when Survey Participants who have nominated your cause complete Surveys. The donation is calculated based on complete Surveys at a rate of AUD $0.15 per minute of Survey activity by a Survey Participant and paid to you on or before 30 June each year.
b) The total donation amount will vary based on the level of activity of Survey Participants, the completion of Surveys, technology limitations and the level of affinity Survey Participants have with your brand or cause.
c) A statement showing the activity and donations generated by Survey Participants is available on request.
3.2. Website traffic
a) At the end of every Survey session we will invite Survey Participants to be redirected to the home page of your website.
3.3. Directory Listing
a) We will list your Panel in the TGC Fundraising Directory.
3.4. Panelist Profiling Data
3.5. Panel Activity Data
3.6. Recruitment Tracking
3.7. Survey Management Tools
3.8. Multiple Panels
3.9. Specify Landing Pages
3.10. Specify Panelist Messaging
3.11. Tailored Profiling Questions
4.1. If you have agreed to these Terms & Conditions, but do not provide us with an approved logo and associated branding within a reasonable time, you agree that we may source a copy of your logo and any associated branding from your website.
4.2. You may ask us to update your logo and associated branding at any time. All such requests should be made in writing and include the new logo and/or associated branding.
4.3. You agree that we may use your logo and associated branding on the TGC website and marketing and promotional materials. All such marketing will be carried out at our own expense.
5. Surveys and data
5.1. TGC provides a platform that enables individuals to raise funds for your cause through their voluntary participation in online market research Surveys. Surveys can be on any topic at the discretion of TGC, but at no time will include surveys relating to tobacco, alcohol and gambling.
5.2. All Survey Participant data remains the property of The Good Crowd.
5.3. At no time will any Personal Data be shared or made available to third parties other than as expressly permitted in this agreement, or any applicable Survey terms.
6.1. You may request that we remove your logo and branding from the panel. This request must be received in writing.
6.2. Following receipt of a termination request we will remove your logo and branding within fourteen within fourteen (14) days.
6.3. TGC will donate funds in respect of pending Surveys which are completed after termination and payment made to you as set out in clause 2.1.
7. Use of our Services
7.1. We reserve the right to refuse services to anyone at our own discretion.
7.2. You agree to fully indemnify, defend, and keep us and our directors, officers, shareholders, employees, representatives, contractors, affiliates, successors and assignees, harmless from and against any and all damages, expenses, liabilities and losses of any kind, including legal fees, arising, whether directly or indirectly, from:
a) any breach of this Agreement by You; and
b) any claims and/or complaints made by a third party caused directly or indirectly by Your misuse of the Platform and/or Your goods and/or services and/or Your advertising and/or sales and/or marketing practices.
8. Limitation of Liability
8.1. TGC makes no representations and/or gives any warranties except as specifically and expressly provided for in this Agreement.
8.2. Our liability under this Agreement is limited to direct damages which, under no circumstance will exceed the lower of AUD$10,000 or any liability cap that may apply under TGC’s insurance policy. In no event whatsoever are we liable for any indirect, anticipated, incidental, consequential special, or punitive damages or loss of profits.
8.3. The parties hereby agree to mutually defend, indemnify and hold each other, (and each other’s affiliate’s, directors, officers, employees, agents and contractors) harmless from and against any and all losses, damages, liabilities, costs, expenses (including costs and reasonable fees of attorneys and other professionals), judgments or settlement amounts arising out of or in connection with a claim from partner, supplier and/or business partner.
9. Force Majeure
9.1. If any party is prevented from performing its obligations under this Agreement for a continuous period of ninety (90) days or more (Delayed Party), the other party may terminate this Agreement in whole or in part by giving ten (10) days prior written notice to the Delayed Party.
10.1. This Agreement is the entire agreement between the parties, and it supersedes all previous oral or written proposals and negotiations, and all other communications with respect to the subject matter of the Agreement between the parties.
10.2. TGC may, on thirty (30) days’ written notice change the benefits listed at clause 2 due to, inter alia, upgrades or modifications to the platform outside of TGC’s control.
10.3. If any of the terms of this Agreement are declared void, invalid or unenforceable, the rest of this Agreement is not invalidated and remains in full force and effect.
10.4. This Agreement is governed by and construed in accordance with laws of Australia.