Our Terms and Conditions

Welcome to the Terms and Conditions (or "Agreement"). This Agreement describes the terms and conditions that govern your use of our services at green-hill-publishing.pozible.com (our "Site" or "Platform"). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and the Platform's policies, including its Privacy Policy (the "Policies"). These Policies change from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email.

Our Privacy Policies may be accessed here: Privacy Policy

Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.

By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by the Platform, by Pozible the technology provider and its related and affiliated companies, to the extent that you use those websites.

We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with the Platform. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

The Platform

The Platform is a Venue and a Service Provider

The Platform is an online crowdfunding service and acts as a venue to allow members who comply with the Platform's policies to offer, sell and buy certain goods or experiences within a fixed-price format. The Platform allows individuals, groups and organisations ("Creators") to list projects and raise funds through selling items, experiences and offering items and services ("Rewards") to new and to members ("Supporters").

The Platform is not directly involved in the transaction between Creators and Supporters. As a result, The Platform has no control over the quality, safety, morality or legality of any aspect of the Rewards listed, the truth or accuracy of the listings, the ability of Creator to sell Rewards or the ability of Supporter to pay for Rewards. The Platform cannot ensure that a Supporter or a Creator will actually complete a transaction. Consequently, The Platform does not transfer legal ownership of Rewards from the Supporter to the Creator.

The Platform cannot guarantee the true identity, age, and nationality of a member.

You agree that the Platform is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on the Platform. You use the Platform service at your own risk.

Projects

All funds are collected for Creators through the PayPal online payment service, the Stripe online payment service and/or the Platform Credit/Debit Card Merchant facility. The Platform collects and transfers these funds to the Creator only if the project is successfully funded before the Project Deadline, except for ongoing payments via Stripe which are credited directly into the Creator’s connected Stripe account.

The Platform shall not be liable for the interactions with any organisations and/or individuals found on or through the Platform service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on the Platform.

The Platform cannot be held liable for the actions of a Creator, Creators are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create. The Platform does not oversee the performance or punctuality of projects.

The Platform reserves the right to cancel a project listing and refund all associated members' payments at any time for any reason. The Platform reserves the right to remove a project listing from public listings for any reason.

The Platform is not responsible for any damage or loss incurred as a result of any dealings on the platform. All dealings are solely between you and such individuals and/or organisations. The Platform is under no obligation to become involved in disputes between Supporters and Creators, or between site members and any third party. In the event of a dispute, you release Pozible and Pozible employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

The Platform cannot guarantee the performance or reliability of the PayPal online payment service or the Stripe online payment service. Additionally, because of occasional failures of some credit cards, the Platform cannot guarantee the full receipt of the total funds pledged to a Creator's project.

The Creators and Supporters must also agree and comply with the PayPal Acceptable Use Policy.

The Platform cannot guarantee the full receipt of pledged funds due to occasional failures when capturing funds from debit and credit cards.

Project Rewards

By listing an Project Reward on the Site you warrant that you and all aspects of the Reward comply with the Platform's published policies. You also warrant that you may legally sell the Reward(s). You must accurately describe your Rewards and all terms of sale in your Project Description and the Reward description. Your listings may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Reward. Each Reward must accurately and completely describe the item(s) or experiences on offer. If the "Available" quantity is more than one or unlimited, all items and/or experiences listed in that Reward tier must be identical. Each unique Reward must have its own listing as a new Reward.

All Creators are urged to outline seller policies for their Project. These policies may include, for example, shipping, returns, payment and selling policies. Creators must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with the Platform's site-wide policies. Creators are responsible for enforcing their own reasonable seller policies. The Platform reserves the right to request that a Creator modify a seller policy.

All sales are binding. The seller is obligated to ship the Reward(s) or otherwise complete the transaction with the Supporter, unless there is an exceptional circumstance, such as: (a) the Supporter fails to meet the terms of the Creator's listing (such as payment method), or (b) the Creator cannot authenticate the Supporter's identity. The Supporter is obligated to deliver appropriate payment for Rewards purchased, unless there is an exceptional circumstance.

Prohibited, Questionable and Infringing Rewards, Items and Activities

You are solely responsible for your conduct and activities on and regarding to the Platform and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.

Your Content and your use of the Platform shall not:

Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any site policies, any community guidelines, any project guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including Pozible staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Modify, adapt or hack Pozible or modify another website so as to falsely imply that it is associated with the Site;
Appear to create liability for Pozible or cause Pozible to lose (in whole or in part) the services of Pozible's ISPs or other suppliers
Link directly or indirectly, refer or contain descriptions of goods, experiences or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on the Site.
Furthermore, you may not list any item on the Platform (or consummate any transaction that was initiated using Platform's service) that, by paying to Platform the listing fee or the final value fee, could cause Pozible to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Fees

Registering as a member of the Site and setting up a Project on the Platform is free. The Platform charges fees to Creators.

See Fee schedule for Creators using this link: green-hill-publishing.pozible.com/base-fees

Ongoing Projects

Stripe Transactions

The funds are transferred directly to the Creator's connected Stripe account configured in their Subscription setup.

Successful Projects

Credit & Debit Card transactions

Funds collected through Credit/Debit Card (and not through the PayPal payment gateway) are transferred to the Creator by electronic bank transfer.

There is a 7 day* processing period (after the end of a successful project) in which supporters who have had their pledges declined are invited to re-submit their pledge. Thereafter there is a 3-5 business days period for bank transfers to be processed to the Creator’s account. Please factor in this duration when deciding how long your project should run for.

*Note: Funds transfer might be further delayed if authorised parties require extra investigation on certain project funds, e.g. government bodies, police, financial institutions etc. Should this occurs, the Platform will notify the Creator(s) in through email or telephone.

PayPal Transactions

The funds are transferred directly to the Creator's PayPal account configured in their Project setup.

Unsuccessful Projects

In the case of unsuccessful projects, the pre authorised transaction for a Supporter's pledge will be cancelled by the Platform at the project deadline. No funds will be captured from the Supporters and no funds will be transferred to the Creator.

No fees or charges apply.

Charitable Donations

Registered Australian Not for Profits and Charities with the required fundraising licenses or exemptions may accept donations as part of their Project.

Only Not for Profits or Charities with Deductible Gift Recipient status may issue tax-deductible receipts and the onus is on the Not For Profit or Charity to issue those as required. The platform provides a downloadable document in the project backend at the completion of a successful campaign with the information required to do this.

The individuals running a crowdfunding campaign must be part of or have approval from the Charity or Not for Profit, or have a valid auspice arrangement with confirmed documentation. The platform is not responsible for unauthorised individuals beginning a campaign on behalf of an organisation, however we will remove a campaign at the request of an authorised person from the Charity or Not for Profit.

Donation processing is treated the same as Rewards and will not be processed until such time as the project reaches its crowdfunding target. Transaction fees are applicable for all online pledges, view all platform fees for specific campaign types on the fees page.

Community Buy Marketplace

The Site provides a community marketplace through which you can buy products or services from businesses, groups or organisations ("Sellers") through a purchase ("Transaction"). Our involvement in the Transaction is limited to that of a facilitator to the Transaction in consideration of which we charge relevant Sellers a commission payment. We are not and do not purport to be a Seller, guarantor, or otherwise a contractual party to the Transaction. We are in no way responsible for completion of the Seller’s obligations and by transacting with the Seller you assume all legal and transaction risk in dealing with the Seller.

Our involvement in the Transaction is limited to the following capacity:

Connecting you with the Seller via our Site;
Facilitating the Transaction by allowing the Seller to sell and you to buy a product or service through the Site; and
Collecting payment from the Buyer and remitting it to the Seller.

When you buy a product or service from a Seller through the Site, you are entering into a legally binding contract with the Seller. We are not a party to this contract and are not responsible for the performance of you or the Seller’s obligations under this contract.

Sellers may have their own terms and conditions for the products or services they have listed for sale on the Site. When this is the case, your purchase is subject to the Seller’s terms and conditions which you should review carefully before finalising the Transaction.

In some cases, individual Sellers may not have written terms and conditions for the products or services they are selling on the Site. Where this is the case, your purchase is subject to terms and conditions implied at law (but only to the extent that such implied terms are not expressly and lawfully excluded by the Seller). Please make yourself aware of such implied terms before finalising the Transaction.

By using the Site, you fully release and discharge us from any claims, actions, demands or proceedings which may arise from a Transaction. You agree that we are in no way liable for any obligation arising from a Transaction, including but not limited to:

Delivery or performance of a product or service;
The quality or standard of a product or service;
Reimbursement, compensation, or damages arising from a product or service.
Product or service warranties provided by the Seller; or
Product or service warranties and obligations placed on the Seller of a product or service under a relevant law.

For the avoidance of doubt, we are not nor do we purport to be, in relation to any Transaction:

A Seller; or
A party to the contract applying to the Transaction.

You acknowledge that we are entitled to a commission payment on each Transaction, which is levied against the Seller.

Accepting or declining a Transaction

We reserve the right to accept or decline to process any Transaction initiated on the Site for any reason, including if the requested product or service is not available or if there is an error in the price or the product description posted on the Website.

If we decline to process a Transaction, we will endeavour to notify you at the time you place an Order or within 48 hrs after you submit an order.

If we decline to process a Transaction, to the extent that we have received funds from you, a full refund, less any applicable credits or discounts, will be made within 10 business days.

Community Leader

These Terms and Conditions apply to any Community Leader for the provision of Services offered by Pozible through the Site ("Services").

Applying to be a Community Leader

You may apply to be a Community Leader by following the instructions set out in the Site. The following conditions apply to any application you make to run an offer ("Community Offer"):

Pozible has sole and exclusive discretion to determine who it selects to provide Services under a Community Offer;
if you are asked to provide information in connection with any application for a Community Offer, you represent and warrant to Pozible that the information you’ve provided is true and correct. For the avoidance of doubt, this information may include, but is not limited to: (a) information as to whether you’ve worked with a seller ("Seller") previously, or other brands or companies you have worked with; and (b) any Information. You agree and acknowledge that the accuracy and veracity of the information you provide to Pozible is critical in Pozible making an assessment of whether you are selected to provide Services under a Community Offer.

Services

The Services may include, without limitation, the following activities to be completed by you and services to be provided by you in connection with a Community Offer:

posting of images, videos, gifs, stories or other social media channels in respect of a nominated Seller, product or other matter ("Posts"). You may be required to make multiple Posts as part of a Community Offer;
using #tags, @mentions if required in the Community Offer;
posting in the correct format (eg. videos, photos, stories);
without limitation, posting at certain times, posting during certain time periods, maintaining Posts for certain time periods, posting with the frequency required during a designated offer date range; and
granting and allowing Pozible to have “partner” access to your Social Account(s) for a specified period, if required.

Restricted Post content

Any Posts you make must not contain anything that:

is illegal or contrary to any Law or anything having the force of Law in a Jurisdiction or infringes the rights of any other person;
is indecent, obscene, discriminatory (in any manner) or promotes, unruly, offensive or illegal behaviour;
defames or disparages Pozible or a Seller; or
involves the transmission of junk mail or spam.

Community Offer conditions in relation to Services

To the extent that any Community Offer under which you provide Services stipulates conditions that you must meet in relation to the provision of the Services:

those conditions in relation to the provision of your Services are critical and must be complied with as an essential part of providing the Services; and
if any of the conditions relates to the timing of the provision of any Services, time is of the essence in relation to those conditions.

Payment for Services

You will be paid an agreed commission for each Community Offer, regardless of the number of Posts made for a Community Offer or the nature of Services to be performed. The amount to be paid will be set out on the Site when you apply for and accept a Community Offer ("Commission"). Any amount in addition to the Commission that Pozible may make in relation to a Community Offer is at the sole and exclusive discretion of Pozible.

Payment Method for Community Leaders

To the extent that any Community Offer under which you provide Services stipulates conditions that you must meet in relation to the provision of the Services:

Payments made by Pozible will be through a third-party payment service using the details provided by you when registering for the Site or such other payment method allowable and nominated by Pozible. It is your responsibility to ensure that these details have been provided and are correct. Pozible does not bear any responsibility for payments made to an incorrect account.
To the extent a quoted Commission for a Community Offer is in currency which is required to be converted to another currency for any reason (for example, by your request or out of necessity by Pozible), then the foreign exchange rate which applies to that payment will be the lower (being the conversion exchange rate applying to the currency quoted for the Commission in a Community Offer for the conversion to the required currency) of the exchange rate applying at the time the Agreement is entered into; and the exchange rate applying at the time the Commission becomes due and payable under the Agreement.

Taxes

Pozible will pay an additional amount for Taxes if this is applicable to you and/or the Services in the relevant Jurisdiction. Pozible may also, from time to time, deduct withholding tax or any similar type of tax from amounts payable if required by any Law.

Time for Payment

You will be paid within 45 days of successful completion of the Community Offer, and you otherwise fulfilling all conditions of the Community Offer and not otherwise being in breach of this Agreement. If a Law requires that you provide a valid tax invoice to Pozible, you will only be paid once that tax invoice has been rendered and provided to Pozible.

Failure to perform Services

If there are specific conditions relating to the Services to be performed by you, including, but not limited to:

making Posts within a certain time-frame, or by a certain time;
making Posts in a certain content format; and you fail to meet any of those conditions, Pozible is not required to pay you for those Services in relation to that Community Offer, on the basis that those conditions are critical conditions of the Community Offer you are providing Services in relation to.

For the avoidance of doubt, failure to perform all Services and complete all requirements and remain signed up the Site until a campaign described in a Community Offer is completed will result in a forfeiture of the Payment. Should you fail to perform Services in any manner, at any time, Pozible may remove you from the Pozible Site in its sole and exclusive discretion.

Community Offer Application

If in conjunction with any application for a Community Offer of these Terms and Conditions:

you provide incorrect, untrue, false or misleading information to Pozible; and/or
you fail to meet any undertakings you give in the Community Offer application, you will be in breach of the Agreement, and Pozible is not required to pay you for any Services you may thereafter provide under the relevant Community Offer.

Confidential Information

You acknowledge that:

you may be provided with brand assets and content ("Seller Materials") by Pozible to assist you in providing the Services; and
if you are provided with Seller Materials, you agree that those Seller Materials are provided to you on the basis that: (a) the Seller Materials are only to be used for the provision of the Services in connection with a Community Offer and for no other purpose; (b) you will keep the Seller Materials strictly confidential and only disclose Seller Materials: when compelled by any Law, at which point you will advise Pozible of this; (c) you will take all reasonable steps to keep the Seller Materials secure; and (d) you will destroy or return all Seller Materials relevant to a Community Offer when the Services in relation to that Community Offer have been completed.

Indemnity and Limitation of Liability

Pozible shall not be liable to you for any damages of any kind arising out of your use of the Site or performance of Services by you, whether such damage arises directly or indirectly. You agree and understand that the use of the Site and accepting and providing Services under a Community Offer is undertaken at your own risk.

Indemnity

You agree to indemnify and hold harmless, Pozible, its employees, personnel and agents from any and all claims, liabilities, damages, losses and expenses arising out of or in any way connected with any of the following matters:

the content of any Posts you may make or Services you may provide;
your breach of the parameters of any Community Offer or the Terms and Conditions;
your breach of any Intellectual Property Rights;
any misrepresentation made by you;
your violation of any Laws; and
any of the warranties and undertakings you have given under the Community Offer or these Terms and Conditions; whether such matters are alleged or otherwise.

General warranties and undertakings

For as long as you are signed up for the Site (or if you are not signed up for the Site, you have been otherwise engaged by Pozible to perform Services), you undertake that:

that you are and will be the sole author of all Materials produced by you in the course of providing Services (unless you are specifically instructed to work with another party in a Community Offer), which will be wholly original to you, and not in breach of the rights of any third party, including but not limited to, any Intellectual Property Rights;
you are in compliance with all relevant Laws in the Jurisdiction and any regulations or guidance notes issued pursuant to or in connection with those Laws and will continue to comply with same;
you will follow any best practice guidelines endorsed by Pozible and notified to you from time to time;
you will not make any public statements or communications of any nature in relation to any Community Offer or any Brand, without the prior written consent of Pozible and the relevant Seller;
that if you are producing Materials as part of the Services you are providing, you will not make any public statement or communication about the Materials other than what is agreed with Pozible or the relevant Seller;
you will not do anything which would defame, tend to defame or could be construed as being defamatory, derogatory or disparaging of Pozible or any Seller or their affiliates, whether in conjunction with the Services or not;
any Materials you produce:
1. will be your sole and original work, unless collaboration is necessary or implied, in which case it will be the original work of you and any collaborators;
2. will not infringe the Intellectual Property Rights of any third party or any other proprietary or moral rights of a third party;
3. will not infringe any Laws;
4. will not be defamatory or tend to defame and third party; and
5. will not be obscene, graphic, pornographic, racially or religiously
6. insensitive or in any way discriminatory or offensive, or with the tendency to offend;
whether in connection with the Services or not, you will not post any obscene, graphic, racially or religiously insensitive or any otherwise discriminatory or content which is offensive or might tend to offend any person, or do any other thing which might have the tendency to offend any person; and
you will not be under the influence of drugs or substances (apart from anything prescribed to you by a medical practitioner) in performing any of the Services;

You represent and warrant that:

you do not have a criminal record (except in relation to minor traffic offences) in any Jurisdiction and are not subject to any outstanding criminal investigation; and
you have not taken any fraudulent action, or procured that any fraudulent action is taken in relation to your social media channels (including, but not limited to, Facebook, Instagram, Twitter, Tiktok or blog), including for the avoidance of doubt, buying followers or engagement to your social media channels.

No relationship

For the avoidance of doubt, nothing in a Community Offer of these Terms and Conditions or performance of obligations in relation to same constitute any relationship of employer and employee, principal and agent or partnership between you and Pozible. You must not represent yourself as being an employee, agent or partner of Pozible.

Monitoring, suspension and termination of access

Pozible reserves the right to generally monitor the Site and all activity through the Site. If you are in breach of these Terms and conditions or Pozible suspects that you are in breach of these Terms and Conditions, or engaged in suspicious, fraudulent, abusive or other activity which Pozible (in its absolute and exclusive discretion) determines is not in accordance with its values or may be detrimental to its or a Seller’s interests) it may choose to suspend or terminate your access to the Site

General - Force Majeure

Despite any other provision of this agreement, if a party is unable to perform or is delayed in performing an obligation under this agreement by reason of a Force Majeure Event:

that obligation is suspended but only so far and for so long as it is affected by the Force Majeure Event; and
the affected party will not be responsible for any loss or expense suffered or incurred by any other party as a result of, and to the extent that, the affected party is unable to perform or is delayed in performing its obligations because of the Force Majeure Event.

General - No waiver

No forbearance or delay by Pozible in exercising or enforcing its rights under the Agreement shall prejudice or restrict the rights of Pozible to exercise or enforce its rights at a later time and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. Pozible may only waive a right under the Agreement by doing so in writing.

Community Buy Seller Terms

A Community Buy seller “Seller” means a individual, group, organisation or company who offers to sell its products or services to Buyers through the community buy services ("Community Buy Services") on the Site.

Throughout these Seller Terms ("Seller Terms”), the terms “Pozible” “us” and/or “we” refer to Pozible Pty Ltd. The terms “you” and/or “your” refer to you as a user of the Services as a Seller. These Seller Terms, along with the Privacy Policy, govern your sale of products and services as a Seller through the Community Buy Services.

Community Buy Seller Terms

Onboarding

To sell products or services through the Community Buy Services as a Seller, the Seller must submit an application to become a Seller and be approved by Pozible for an account (“Seller Account”). Pozible will use good faith efforts to review the application to become a Seller as soon as possible. Sellers acknowledge that Pozible is only able to accept a limited number of Sellers at any given time, and that Pozible is not obligated to accept you as a Seller. Sellers hereby release Pozible from any liability regarding the acceptance process.

Each Seller has its own dedicated product listings page on the Site featuring its products ("Product") (including descriptions and other pertinent information) ("Listing Page”). Pozible will display the Listing Page with the information provided (or the Seller may do so if certain self-onboarding features are available in our discretion). Sellers agree that Pozible may adjust, edit or remove Content submitted in order to comply with Pozible’s internal specifications and requirements. Pozible reserves the right to approve the final look and feel of the Listing Page in its sole discretion. To have Pozible create the Listing Page, high resolution photography (product and lifestyle) in accordance with Pozible’s photography guidelines, and the minimum and maximum quantity number. Pozible may ask for additional information as needed. As soon as the Listing Page is created, Pozible will send an activation email.

High-Resolution Photographs. Sellers are required and agree to provide high-resolution photographs of the products in accordance with Pozible’s photography guidelines. Photographs that could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate are prohibited. Sellers shall submit all photographs as indicated by Pozible, and Pozible will select the best quality and most appropriate photographs for the Listing Page. Pozible reserves the right to reject content that violates Pozible’s guidelines or these Seller Terms.

Product Order Quantites. Sellers may set minimum and maximum product order quantities for the products.

Product Discounts. Sellers may set minimum and maximum product discounts for the Product Order quantities above for each product.

Shipping Options. Sellers must set the typical shipping options and lead time, and the lead time should be an accurate estimation of the actual lead times and which you should use all reasonable efforts to meet. Pozible reserves the right to adjust the shipping lead time, based on actual historical lead times. The lead time you set will be displayed for the purpose of informing Community Leaders, who may rely on it when making a purchase. Sellers must also enter an expected shipping date once orders are placed in order to approve/accept the order. Sellers may edit the lead time in the Product settings.

Content License, Representations and Warranties

License. In connection with the use of the Community Buy Services, you hereby grant to Pozible a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display and publicly perform (through any means necessary) the Content on, through or by means of the Community Buy Services and any of Pozible’s advertising, marketing, publicity and other initiatives and events. Pozible does not claim any ownership rights in any of the Content and nothing in these Seller Terms will be deemed to restrict any rights that you may have to use and exploit the Content. Sellers hereby agree that Pozible may at its option, grant a limited, revocable sublicense to Community Leaders to use the Content on their website for the sole purpose of promoting products purchased from you through the Community Buy Services.

Representations and Warranties. You acknowledge and agree that you are solely responsible for all Content that you make available through the Community Buy Services. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of the Content that you make available through the Community Buy Services or you have all rights, licenses, consents and releases necessary to grant to Pozible the rights in such Content as contemplated under these Terms; and (ii) neither the Content nor the posting, uploading, publication, submission or transmittal of the Content or the use by Pozible or a Community Leader of the Content (or any portion thereof) on, through or by means of the Community Buy Services or social media platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain inaccurate, misleading, libellous, misleading or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Community Buy Services, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are solely responsible for any Content you provide and its accuracy. Pozible takes no responsibility and assumes no liability, and you hereby release Pozible from any such liability related to any Content posted or otherwise made available by you, and you agree to indemnify Pozible per the terms of the Indemnification section herein.

Product Listing and Compliance

Pozible may requires each Seller to list their entire product catalogue, and provide a description for each product. Pozible reserves the right to accept or reject any products and has final discretion as to the content of the Listing Page. Seller's available products will at all times comply with Pozible’s Product Guidelines regarding prohibited products.

Product and Content Compliance. All products made available on Pozible, and related Content, must meet Pozible’s Product Guidelines, found here. You acknowledge and agree to: (i) abide by Pozible’s Product Guidelines and to refrain from making available any prohibited products identified in Pozible’s Product Guidelines; (ii) comply with all applicable laws, rules and regulations, including safety, labelling, testing, warning, import/export and other consumer protection law requirements; (iii) not infringe upon or misappropriate the intellectual property, publicity or other rights of others; (iv) not provide any false, inaccurate or misleading information about the products; and (v) ensure that you have all necessary rights, licenses, permissions and consents to offer for sale and sell the products through the Community Buy Services, including that they are allowed to be sold from the jurisdiction and into the Buyer’s jurisdiction. Sellers acknowledge and agree that Pozible is not responsible for determining whether you meet the above requirements, you hereby release Pozible from any liability with respect thereto and agree to indemnify Pozible as set forth in the Indemnification section of the terms. Failure to comply with Pozible’s Products Guidelines may result in the temporary suspension or permanent termination of the Seller Account, in our sole discretion.

Product Pricing

Sellers acknowledge and agree that the prices on the Listing Page will not be higher than the price you offer on all other channels where the products are sold in the applicable region.

Price Audits. Sellers acknowledge and agree that Pozible may perform routine price and content audits of the products listed on the Listing Page. That includes reviewing for price consistency between the sites and reviewing discrepancies that are communicated to us from Site members. In the event a discrepancy is found, Pozible may reach out to you and require certain action be taken to resolve the issue. If you fail to properly and/or timely respond to the discrepancy, Pozible reserves the right to temporarily delist the product(s) and/or suspend or permanently terminate the Seller Account.

Commissions/Fees, Payment Terms and Facilitated Payment Terms

By accepting these Seller Terms, you acknowledge and agree to the commissions, fees, calculations and payout timings. Sellers agree and authorise Pozible and/or any payment processor engaged by Pozible to deduct all commissions and fees owing to Pozible from any amount payable to you.

Acceptance of Orders on behalf of Sellers: You agree that Pozible is authorised on the behalf to accept orders from Buyers for the purchase of the products (each a “Product”) which you make available for sale through the Community Buy Services and that such acceptance will result in the conclusion of a contract (each an "Order") for the sale of the relevant Product from you to the applicable Buyer in accordance with these Seller Terms.

Payment Receipt Timings: 30 days from the Shipment Date related to that Order; or

Non-Business Days: If, under any of the above provisions, a payment falls due to be made to you on a day which is not a business day, the payment date shall be extended to the next business day.

Payment Suspension: Pozible reserves the right to suspend payouts to you due to any pending disputes, excessive chargebacks or refunds and/or other improper or illegal activity.

Payment into the chosen bank account: Where any amount payable to you is paid to the chosen bank account, it is anticipated that funds will appear within 1 to 2 business days of being processed. Pozible is not responsible for any actions taken by the bank that may result in some or all of the funds not being made available to you.

Facilitated Payment Terms: Depending on the jurisdiction in which you are located, you may be notified during the Account Registration process that the following additional terms and conditions (the “Facilitated Payment Terms”) shall apply to enable you to receive payments of the Purchase Price from Buyers as envisaged above. For these purposes:

Pozible has entered into arrangements with the payment processor Stripe. (the "Payment Processor") to enable Stripe, acting on the behalf, to facilitate payments of the Purchase Price to you in respect of the Orders.

For this purpose, you are required to enter into the "Stripe Connected Account Agreement" (the "Stripe Terms"), and by accepting these Seller Terms and Pozible's Terms, you agree to be bound by the Stripe Terms.

Sellers acknowledge that Pozible is designated as the authorised representative for the purposes of giving instructions to the Payment Processor on the behalf in relation to the collection of the Purchase Price of each Order from the Buyer and the payment of the Purchase Price of any Order to you (including in relation to advising the Payment Processor of the amount and timing of to apply to each such payment) and otherwise in relation to the operation of the relationship with the Payment Processor in respect the use of Payment Processor’s services in that respect (including in relation to the access to, and use of, the data processed by the Payment Processor). Sellers agree that Pozible shall be entitled to instruct the Payment Processor to pay to Pozible the amount of any fees or commissions payable by you to Pozible by way of deduction from any amount at any time being held by the Payment Processor for you. Where, in respect of any Order, by virtue of the Payment Timing granted to the Buyer and the Receipt Timing, payment of the Purchase Price will be made by the Payment Processor to you before the Purchase Price is collected from the Buyer:

the Payment Processor will apply the amount of the Purchase Price collected from the Buyer towards reimbursement of the amount of the Purchase Price paid by it to you in advance of collection from the Buyer, minus the agreed fees and other deductions; and
to the extent that such arrangements involve the provision of any kind of financial or payment service to you, such service will be provided by the Payment Processor and not by Pozible.

Percentage. Unless otherwise agreed by Pozible in writing, Pozible charges Sellers a commission (the “Commission”) of 5% on orders. If an existing Buyer places an order through the Community Buy Services, then Pozible agrees to waive the Commission (including the first order surcharge) for such Buyers, provided the Seller satisfies Pozible’s then-current policies. Certain categories of products and a Seller’s location may result in a Commission structure different from the foregoing, which will be communicated to you during onboarding and/or creation of the Seller Account.

Calculation. Commissions are calculated based on the amount of the order total in its agreed currency, excluding shipping costs. Any items that a Buyer marks as damaged or missing are deducted from the payout of the order (Pozible does not receive a commission on these items).

Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including VAT and sales taxes, as well as any other payments or filings required under applicable law. Sellers hereby release Pozible with respect thereto, and agree to indemnify, defend and hold Pozible harmless against any and all such (withholding or other) taxes, contributions, penalties and/or interest. All our commissions and fees are exclusive of VAT unless otherwise indicated.

Shipping - Costs, Lead Times, Shipping Providers, Damaged Goods

Tracking Number. Sellers will be asked by Pozible for, and you agree to provide within the account, tracking information for each order. If an order is shipped in multiple packages, you agree to provide tracking numbers for each package. When you input the tracking number(s), Pozible will automatically send an email to the Buyer letting them know the order is on its way. Although not required, Pozible recommends that you require a signature for the shipments to ensure delivery and provide evidence that an order was in fact received.

Damaged or Missing Goods. Buyers are responsible for reaching out to you through the Community Buy Services to try to resolve issues relating to damaged or missing items in an order. Pozible will notify you if a Buyer reports to Pozible directly that a product is damaged or if an order is missing items. Pozible will pass along any photographs of any damaged item or of the order as a whole that it receives. Sellers acknowledge and agree that you alone are responsible for resolving the issue, including making a claim with the shipping provider, and you hereby release Pozible from any liability with regard thereto. Pozible reserves the right to deduct payouts or charge the bank account associated with the account related to items that are reported as damaged or missing. Sellers have the right to dispute the charge with Pozible but we reserve the right to reject any dispute/claim created by you about the charge.

Shipping Insurance. Pozible does not require you to purchase shipping insurance. However, Pozible strongly recommends that you do so in order to facilitate any shipping dispute you have with a Buyer. Shipping protection may be available.

Inventory, Orders, Recalled Products

Inventory. Sellers agree to keep sufficient inventory on hand for products advertised as being available, and to keep inventory numbers current. Sellers agree to promptly remove any products that are discontinued or are out of stock through the Seller Account portal. It is the responsibility to keep the product catalogue current and up-to-date based on availability (whether items are back-ordered or discontinued).

Orders. Pozible will send you an email each time a Buyer places an order for any of the Products and an Order is created. Your Seller Account will also be updated with new Order details. Sellers will be able to review the Order details, edit inventory availability and confirm or cancel the Order. Sellers should confirm an Order within 1 business day of receiving the email notifying you of the Order’s conclusion and, if you wish to cancel an Order, you must do so within this timeframe. Pozible will notify the applicable Buyer on the behalf of any cancellation of an Order which you wish to effect and such Order will then cease to be binding on you or on the relevant Buyer from receipt of such notification by the Buyer from Pozible. If you wish to cancel an Order, you will be asked to provide a reason for not being able to fulfil the Order. Consistent order cancellation may result in the temporary suspension or permanent termination of the Seller Account, in our sole discretion.

Right to Refuse. Sellers have the right to cancel any Order by a Buyer for any reason. Consistent cancellation of Orders may, however, impact the visibility and search placement within the Community Buy Services to Buyers.

Recalled Products. Sellers agree to immediately inform Pozible if any of the products have been recalled, giving at least the following information: (i) product name; (ii) SKU number or other identifying number; (iii) number of units sold to Buyers; (iv) purpose of recall; and (v) any other information necessary so that the products may be properly and quickly recalled.

No Circumvention. Once any Order has been concluded with a Buyer through the Site and the use of the Community Buy Services, you agree that you will fulfil such Order unless it is cancelled in accordance with above. Sellers further agree to not influence Buyers to transact offline outside of the Community Buy Services in any manner, or otherwise circumvent Pozible’s process in order to transact orders with Buyers through the Community Buy Services offline or outside of the Community Buy Services in any manner.

Pause Mode. If you are going on vacation, or will be unable to fulfil new Orders for a period of time, you may pause the Listing Page for up to 12 weeks at a time using “Pause Mode” found in the Seller Account tab. Sellers will still be able to access the Seller Account and you should still fulfil any Orders you have already accepted even while on “Pause Mode”.

Commitment to Quality

Minimum Standards. Seller and Buyer satisfaction is of utmost importance to the long-term health and success of the Pozible and Community Buy community. Accordingly, Sellers are subject to the following minimum standards in connection with the Community Buy Services:

To accurately list and describe available products on the Listing Page;
To ensure that any cancellation of an Order is effected in a timely manner;
To timely fulfil Orders and ship the related Products to Buyers using a reputable shipping provider; iv. To promptly and effectively respond to Buyer inquiries; and
To promptly resolve missing or damaged orders with a Buyer.

Metrics. Sellers acknowledge and agree that in order to ensure that you are meeting the foregoing Seller’s minimum standard requirements, Pozible will track and measure the performance using a variety of metrics, including collecting reviews and ratings from the Buyers. Reviewed individually and as a whole, these metrics help Pozible determine whether you are meeting Pozible’s expectations on delivering a great experience for the Buyers. Such metrics also include:

Accuracy of product listings;
Product Listings completeness;
How often the shipments are later than the expected shipping date;
How often you provide a valid tracking number;
How long it takes you to confirm or cancel new Orders;
How often the orders are reported as damaged or missing products or services:
How often the products are on backorder, returned or cancelled;
How promptly and effectively you respond to Buyer inquiries;
How promptly and effectively you resolve missing or damaged orders with a Buyer.

Volume Considerations. Pozible takes volume consideration into account when calculating metrics. For example, if a Seller has only 10 Orders, and 1 was damaged, then the damaged Order rate is 10%. While that metric is technically over Pozible's target, it does not necessarily reflect an actual problem with performance given the low volume of Orders.

Evaluation. Pozible typically evaluates a Seller’s performance using the above metrics on an ongoing monthly basis, and more frequently during high volume periods such as the holiday selling season. The length of time between reviews depends on the volume of transactions of each flagged Seller Account and/or the extent of available data. Pozible reserves the right to adjust its evaluation criteria as needed.

Accountability. If Pozible determines that you are not meeting the minimum standards of quality and service, Pozible may reach out to you in an attempt to resolve the issue and/or temporarily suspend or permanently terminate the Seller Account. Pozible also reserves the right to put limits on the Seller Account, lower the visibility and/or search placement across the Community Buy Services, limit the ability to sell with new Buyers until you resolve outstanding issues, and/or deny signing up any affiliated, related or duplicate accounts.

Suspended Accounts. If the Seller Account is suspended for performance issues, you may appeal for re-activation by providing Pozible with a plan of action for correcting the problems that contributed to the account being flagged and suspended. If Pozible in its sole discretion approves the plan of action, you may resume selling through the Community Buy Services. If you believe that the flag on the Seller Account is erroneous, you may contact Pozible and explain why.

Promotion

Unless you opt out as set forth below, Pozible may feature certain Sellers, Products and Content at the top of their respective category, on Pozible’s landing pages, in advertisements, email, social media accounts or in any other channels or media in its discretion. Pozible may choose to bid on Seller brand names and keywords relating to the Seller’s products in advertising products and may create SEO optimized pages or campaigns for Seller brands and products. Pozible shall not be liable for any pricing or availability of a particular product featured in a particular ad or marketing. If you do not want to participate in the Marketing and Advertising Program, please email support team at [email protected]. Pozible may also offer Sellers email marketing tools to use for their business. Additional terms and conditions may apply, including that all account leads must be sourced by you directly (purchasing lead lists from third parties is not permitted), the tools are not to be used for spam, and Pozible reserves the right to throttle or limit the number of emails sent to Buyers via such tools.

Product Liability Insurance

All Sellers are required to maintain, at their own cost and expense, general commercial liability insurance (including comprehensive product liability) with respect to its products listed on Pozible in such amount as is reasonable and customary for companies of comparable size and activities. Pozible reserves the right to request proof of such insurance coverage and other relevant information at any time.

Indemnity

Sellers agree to defend, indemnify, and hold Pozible, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of the violation of these Seller Terms, and/or any law or the rights of a third party, and/or the use of or participation on the Community Buy Services.

Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER POZIBLE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, APPLICATION WILL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE.

PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POZIBLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POZIBLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED 100 AUSTRALIAN DOLLAR. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POZIBLE AND YOU.

Prohibited Uses

Pozible will have the right to investigate and prosecute violations of these Seller Terms to the fullest extent permitted by law. Pozible may involve and cooperate with law enforcement authorities in prosecuting users who violate these Seller Terms. Sellers acknowledge and agree that Pozible has no obligation to monitor the access to or use of the Community Buy Services or Content, or to review or edit any Content, but has the right to do so for the purpose of operating the Community Buy Services, to ensure the compliance with these Seller Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Pozible reserves the right, at any time and without prior notice, to remove or disable access to any Content that Pozible, in its sole discretion, considers to be in violation of these Seller Terms or otherwise harmful to the Community Buy Services. Pozible reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Pozible suspects illegal activity may be taking place.

Termination

If you breach any of these Seller Terms, Pozible will have the right to temporarily suspend or permanently terminate the Seller Account, and/or terminate these Seller Terms and/or the General Terms, in its sole discretion and without prior notice to you. Pozible reserves the right to revoke the access to and use of the Community Buy Services at any time, with or without cause. In the event Pozible terminates these Seller Terms for the breach, you will remain liable for all amounts due hereunder. Sellers may terminate the relationship with Pozible at any time by contacting Pozible’s support team at [email protected] or as otherwise indicated in the Seller Account portal. Pozible will take down the Listing Page as soon as practicable and will close the Seller Account once there has been an accounting of all monies due and owing.

Controlling law and jurisdiction

These Seller Terms and any action related thereto will be governed by the laws of the Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods, private international laws (e.g. conflict of laws principles) and consumer protection e-commerce regulations, where relevant, are expressly excluded. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Seller Terms will be the competent court of Victoria, Australia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Delivery, Refunds and Chargebacks

Funds collected for Successfully funded projects through the platform are nonrefundable and the Platform is not responsible for issuing refunds to Supporters. The Platform transfers the funds to the Creator for successful projects after the project deadline. Creators may initiate refunds at their own discretion. If, for any reason, the Platform is required to refund monies to Supporters, the Creator will fully compensate the Platform for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs. Please contact us if you need further advice on this.

The Creator is wholly responsible for meeting any obligation or Reward stated or implied in their project. The Platform is not responsible for the delivery of Rewards stated in projects. Supporters should contact the Creator if the delivery terms are not clearly stated in the project description.

Like all Policies, we may change our fees policy and the fees for our services. We may choose to temporarily change our fees policy and the fees for our services for promotional events (for example, free service days) and such changes are effective when we post the temporary promotional event. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency of the project. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). The Platform fees must never be mentioned on project listings but you may wish to consider the Platform fees when determining the funding goal of your project.

You understand and agree that any attempt to make any charge back or otherwise reclaim or obtain a refund of or a credit against any fees paid for the service without first having obtained prior written consent to refund shall entitle the Platform to deactivate your account unless and/or until such time as the fees are repaid or a credit or refund is agreed with the Platform. Deactivation will include all access to the service including previously purchased additional features and/or the free aspects of the Platform.

Furthermore, you may not list a project on our Site (or complete any transaction that was initiated using our service), if the payment to us of the service fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the item violates our current Prohibited, Questionable and Infringing Items list current at the relevant time.

The Creator agrees to be accountable and responsible for settling any disputes, refund requests and chargebacks from supporters. If these chargebacks are deducted from the Platform's account after the project funds has been transferred, The Project Creator agrees to transfer the equivalent amount plus any related fees back to the Platform.

Electronic Communications

The communications between you and the Platform use electronic means, whether you visit the Site or send us emails. For contractual purposes, you (a) consent to receive communications from Pozible in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pozible provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Support

The Platform does provide limited support for the Software or Service. However, the Platform may provide access to a protected forum for the users and members to send any questions and/or comments regarding the Software or Service. The Platform does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings.

Usage

Improper Usage of the Platform. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Site membership or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the Pozible service, violated the terms of this Agreement, or have otherwise used the Pozible service to conduct any fraudulent or illegal activity.

In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in our sole discretion), the Platform may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. The Platform will not be liable for any delay or failure to provide its services caused by a factor outside the Site's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

Your Information

Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the project information you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

Your Information must not, in any way whatsoever, be potentially or actually harmful to the Platform or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by the Platform. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

be false, inaccurate or misleading or deceptive;
be fraudulent or involve the sale of counterfeit or stolen items;
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
be defamatory, libellous, threatening or harassing;
be obscene or contain any material that, in the Platform's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such
contain any content that is prohibited or that, in the Platform's sole and absolute discretion, may be prohibited content;
contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;

Solely to enable the Platform to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Platform will only use Your Information in accordance with our Privacy Policy (located here). We need this to use and display your content.

Tax & Legal Compliance

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting projects. In particular, you must ensure that your activities, projects you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).

Creators alone, and not the Platform, are responsible for ensuring that the project listing and any other activities conducted on the Site are lawful. Creators must ensure that they comply with all applicable laws in Australia and all other countries. Creators must also ensure that they strictly comply with this agreement and the policies which form part of the agreement.

Creators should comply with country, state and federal regulations.

Creators should be aware that funds raised using the Platform could be taxable income. It is the Creators responsibility to declare the funds and comply with local tax laws.

Governing Law

These terms and conditions are governed in all respects by the laws of Australia and any action arising under them or in any way connected with the Platform service may be brought only in a court in Australia, subject to any law which is expressly inconsistent with this.

Further Information

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years.

Contact information

Disputes between you and the Platform regarding the website services, complaints or suggestions should be reported to technical support through email [email protected]