Payment Terms - Crowds Now

1. SCOPE OF CROWDS NOW SERVICES

1.1. Crowds Now provides the Crowds Now Platform to enable Organisations and Companies to publish Posted Tasks.

1.2. Talent may respond to a Posted Task. Some parts of an Event (if on the public job board) may be made publicly available, including to internet users who are not Users.

1.3. An Organisation and or Company/Entity may revoke or modify a Posted Task/Event at any time before he/she accepts an Offer. Crowds Now reserves the right to cancel all Offers on a Posted Task/Event made prior to the modification.

1.4. If an Organisation and or Company/Entity accepts an Offer on the Crowds Now Platform, the Posted Task/Event is assigned to that particular Talent. At this point, a Task/Event Contract is created between the Talent and the Organisation and or Company/Entity.

1.5. Upon creation of a Task/Event Contract, Funds are held in Escrow on the Crowds Now platform for the nominated amount of Talent (x) the number of hours required for the agreed amount. The Organisation and or Company/Entity must pay the Agreed Price for the Posted Task/Event into either the nominated account and or agree for it to be debited/credit card in order to proceed further.

1.6. Upon creation of the Task/Event Contract, The Organisation/Company/Entity has rendered Crowds Now Services. Commission is ONLY deducted on completion of tasks by Talent.

1.7. Once the Task/Talent Contract is created, the Talent and Organisation and or Company/Entity may NOT vary the Task Contract on the Crowds Now Platform. The Organisation and or Company/Entity and Talent can only use Crowds Now’s private messaging system to discuss details pertaining to the Task/Event Contract (including the Agreed Price) or to otherwise communicate. If additions are required the InAPP platform allows for this; including variations to price.

1.8. Once the Talent marks the Task as completed, the Organisation and or Company/Entity will be notified and instructed to release payment. Should the Organisation and or Company/Entity not release payment, the Talent can dispute this with Crowds Now. If no dispute is raised by either party action is taken [by either side / the Organisation and or Company/Entity] and the Organisation and or Company/Entity has not released the payment within 30 days of the Task being marked as completed [by the Talent], the funds will automatically be released by Crowds Now to the Talent and the Organisation and or Company/Entity will receive a warning and a 5% penalty on future earnings.

1.9. Following confirmation by both the Talent and the Organisation and or Company/Entity that the Posted Task/Event has been completed, or if Crowds Now is satisfied the Services have been completed, subject to any restrictions (e.g. a dispute or failure to complete required verification processes), the Talent Service Fee will be payable and the Talent Funds will be released by Crowds Now from the Payment Account to the Talent.

1.10. After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Crowds Now Platform.

2. CROWDS NOW’S ROLE AND OBLIGATIONS

2.1. Crowds Now only permits individuals over 18 years of age to become Users.

2.2. Users must be natural persons, but can specify within their account description that they represent a business entity and, if applicable, represent and warrant that they have authority to act on behalf of that business entity.

2.3. In its absolute discretion, Crowds Now may refuse to allow any person to become a User or cancel or suspend or modify any existing account including if Crowds Now reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Crowds Now Platform.

2.4. No charges apply in respect of the following actions on the Crowds Now Platform:

(a) Registering and creating an account;

(b) Creating a Posted Task/Event;

2.5. Crowds Now accepts no liability for any aspect of the Organisation and or Company/Entity and Talent interaction, including but not limited to the description, performance or delivery of Services.

2.6. Crowds Now is not responsible for, and does not warrant the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Talent to perform tasks or supply items, or the honesty or accuracy of any information provided by Organisations and Companies or the Organisations and Companies’ ability to pay for the Services requested.

2.7. Except for liability in relation to any Non-excludable Condition, the Crowds Now Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

2.8. Crowds Now has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.

2.9. You understand and agree that:

(a) Crowds Now does not undertake any investigation in relation to any Talent or third party service provider before they become a User, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Talent or third party service provider to perform any task which they may claim to be able to provide on the platform;

(b) You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Talent to perform services;

(d) Assume all risks and you agree to expressly release, indemnify and hold harmless Crowds Now from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.

3. USER OBLIGATIONS

3.1. 3.1 You will at all times:

(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;

(b) only post accurate information on the Crowds Now Platform;

(c) ensure that You are aware of any laws that apply to You as an Organisation and or Company/Entity or Talent, or in relation to Your use of the Crowds Now Platform.

3.2. You agree that any content (whether provided by Crowds Now, a User or a third party) on the Crowds Now Platform may not be used on third party sites or for other business purposes without Crowds Now’s prior written permission.

3.3. You must not use the Crowds Now Platform for any illegal or immoral purpose.

3.4. You must maintain control of Your Crowds Now account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.

3.5. You grant Crowds Now an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Crowds Now Platform for the purpose of publishing material on the Crowds Now Platform and as otherwise may be required to provide the Crowds Now Service, for the general promotion of the Crowds Now Service, and as permitted by this Agreement.

3.6. You agree that any information posted on the Crowds Now Platform must not, in any way whatsoever, be potentially or actually harmful to Crowds Now or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Crowds Now.

3.7. Without limiting any provision of this Agreement, any information You supply to Crowds Now or publish in an Offer or a Posted Task/Event(including as part of an Offer) must be up to date and kept up to date and must not:

(a) be false, inaccurate or misleading or deceptive;

(b) be fraudulent or involve the sale of counterfeit or stolen items;

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(d) 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);

(e) be defamatory, libellous, threatening or harassing;

(f) be obscene or contain any material that, in Crowds Now’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or

(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Crowds Now 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.

3.8. The Crowds Now Platform may from time to time engage location-based or map-based functionality. The Crowds Now Platform may display the location of Organisations and Companies and Talent to persons browsing the Crowds Now Platform. A User should never disclose personal details such as the Organisation and or Company/Entity’s full name, street number, phone number or email address in a Posted Task/Eventor in any other public communication on the Crowds Now Platform.

3.9. If You are Talent, You must have the right, licence or all other necessary skills (as applicable) to provide the relevant services contracted under a Task Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Talent Funds and account verification) received under a Task Contract.

3.10. You must not, when supplying Services, charge an Organisation and or Company/Entity any fees on top of the Talent Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the Crowds Now Platform.

3.11. You must not request payments outside of the Crowds Now Platform from the Organisation and or Company/Entity for the Services except to the extent permitted by clause 3.12 and only if the Crowds Now Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.

3.12. If a Talent agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Talent is solely responsible for obtaining any reimbursement from the Organisation and or Company/Entity. Correspondence in respect of agreeing to these additional costs should be carried out on the Crowds Now Platform. Crowds Now advises Talent not to agree to incur costs in advance of receiving the payment for these costs, unless the Talent is confident the Organisation and or Company/Entity will reimburse the costs promptly.

3.13. For the proper operation of the Crowds Now Platform (including insurance, proper pricing and compliance with Policies), the Talent must ensure that, provided the Customer provides its prior written consent to the subcontracting of any part of the performance of the Task Contract to a third party, then that third party must also be a registered User of the Crowds Now Platform.

3.14. If Crowds Now determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task/Eventor Offer You have submitted to the Crowds Now Service or cancel or suspend Your account and/or any Task Contracts.

4. FEES

4.1. When an Organisation/Company/Entity accepts a Talent’s offer, the Task is assigned to that Talent and a Task Contract is formed between the two parties. At this time the Talent will be charged the Agreed Price plus the Connection Fee as consideration for the Organisation and or Company/Entity’s use of the Crowds Now Services.

4.2. Only a Commission Fee is charged to Organisations/Company/Entity for Events/Tasks that are completed by Talent at a rate of 20%

4.3. At such time that the Customer releases the Task Payment to the Talent, the Organisation Commission Fee (will be deducted from the Task/Event Payment) and the Commission Fee will be retained by Crowds Now.

4.4. The Commission Fee and any additional Service Fee’s are GST inclusive (or equivalent tax on supplies, including VAT).

4.5. Subject to clause 5, all Fees payable to Crowds Now are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.

4.6. If Crowds Now introduces a new service on the Crowds Now Platform, the Fees applying to that service will be payable from the launch of the service.

4.7. Crowds Now reserves the right to amend the amount of any Fees (including the Connection Fee and Talent Service Fee) from time to time and any changes will be updated on Crowds Now Website.

5. PAYMENTS, REFUNDS AND CANCELLATIONS

5.1. If the Task Contract is cancelled for any reason within the cancellation period as per the Terms of Service (by an Organisation and or Company/Entity, a Talent or under this Agreement) prior to the commencement of the Task Contract, then if Crowds Now is reasonably satisfied that the Agreed Price (and if applicable, the Connection Fee) should be returned to the Organisation and or Company/Entity then those amounts (as applicable) will be refunded to the Organisation and or Company/Entity as Crowds Now Credits and a Cancellation Fee will be due to Crowds Now by the User who the cancellation of the Task Contract is attributable to under clause 5.7 or 5.8.

5.2. If the Organisation and or Company/Entity is responsible for the cancellation of the Task Contract (see clause 5.8), the Commission Fee will be retained by Crowds Now.

5.3. If the Talent is responsible for the cancellation of the Task Contract (see clause 5.7), Crowds Now will deduct the Cancellation Fee from the Talent’s next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid see below).

5.4. Cancellation Fees deducted from Talent payout requests are capped at a maximum of 50% of the total payout request (so may require deductions across multiple payout requests).

5.5. Upon request by the relevant Customer submitted to Crowds Now Support, Crowds Now may refund the Agreed Price (and Commission Fee, as applicable) to the Organisation and or Company/Entity’s original payment method.

5.6. Any amount returned by Crowds Now to an Organisation and or Company/Entity on behalf of a Talent under clause 5.1 will be a debt owed by the Talent to Crowds Now and may be offset by Crowds Now against any other payments owed at any time to the Talent.

5.7. Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to Crowds Now and may also be offset by Crowds Now against any other payments owed at any time to the User.

5.8. Cancellation of a Task Contract will be attributable to the Talent where:

(a) the Organisation and or Company/Entity and the Talent mutually agree to cancel the Task/Event/Gig Contract; or

(b) following reasonable but unsuccessful attempts by an Organisation and or Company/Entity to contact a Talent to perform the Task Contract, the Task Contract is cancelled by the Organisation and or Company/Entity; or

(d) Task Contract is cancelled in accordance with clause 3.14 as a result of the Talent’s actions or breach.

5.9. A Cancellation of a Task Contract will be attributable to an Organisation and or Company/Entity where:

(a) the Organisation and or Company/Entity cancels the Task Contract (other than in accordance with clause 5.8(b); or b) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Organisation and or Company/Entity’s actions or breach. c) a Task has been automatically cancelled in accordance with clause 1.8 as a result of the Organisation and or Company/Entity’s inaction; or d) a Task has been automatically cancelled in accordance with clause 4.5 of Appendix A Model Task/Event Contract terms.

5.10. If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

5.11. Crowds Now may take up to 5-7 business days to process the return of the Agreed Price (less the Cancellation Fee, if applicable) to the Organisation and or Company/Entity as Crowds Now Credits or to process (following a request from an Organisation and or Company/Entity) a refund to the Organisation and or Company/Entity’s original payment method.

5.12. If, for any reason, the Talent Funds cannot be transferred or otherwise made to the Talent or returned to the Organisation and or Company/Entity (as the case may be) or no claim is otherwise made for the Talent Funds, the Talent Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Organisation and or Company/Entity initially paid the Agreed Price into the Payment Account.

5.13. Following the 3 months referred to in clause 5.12 and provided there is still no dispute in respect of the Talent Funds, the Talent Funds will be credited to the Organisation and or Company/Entity as Crowds Now Credits.

5.14. If the Task Contract is cancelled and a User who is party to the Task/Event Contract can show that work under a Task/Event Contract was commenced, then the amount of the Agreed Price to be returned to the Organisation and or Company/Entity will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Fee will always be due in accordance with clause 5.1.

5.15. Crowds Now may suspend a User Account in its sole discretion for repeated Cancellations.

6. CROWDS NOW CREDITS

6.1. Crowds Now Credits:

(a) can be used by the credited User to pay for any new Services via the Crowds Now Platform;

(b) are not refundable or redeemable for cash other than where the Organisation and or Company/Entity has submitted a request for the return of Crowds Now Credits to their original payment method;

(d) that were issued;

(i) prior to 1 November 2025, these continue to remain valid for 12 months; or

(ii) on and from 1 November 2025, are valid 18 months, from the date on which those particular Crowds Now Credits are applied to a User’s account, the date of issue or purchase or any expiry date applied by Crowds Now (conditional upon any contrary specific jurisdictional legislative requirements);

(e) acquired other than under this Agreement, may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Crowds Now Credits, such as a restriction on when the Crowds Now Credits is redeemable (for example only for a User’s first Task/Event/Gig Contract), specify a minimum Services value, or specify a maximum credit or discount value; and

(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Crowds Now’s prior written permission.

6.2. The User credited with a Crowds Now Credits is solely responsible for the security of any Crowds Now Credits. Save for the Non-Excludable Conditions, Crowds Now will have no liability for any loss or damage to the Crowds Now Credits and does not have any obligation to replace Crowds Now Credits.

6.3. Crowds Now will not accept, and may refuse or cancel, any Crowds Now Credits, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Crowds Now reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Crowds Now Credits, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.

6.4. Crowds Now is entitled to any value on Crowds Now Credits which is not redeemed before the Crowds Now Credits expires or is cancelled by Crowds Now.

7. PAYMENT FACILITY

7.1. Crowds Now uses a Payment Provider to operate the Payment Account.

7.2. In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.

7.3. If Crowds Now changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

8. VERIFICATION & BADGES

8.1. Crowds Now may use Identity Verification Services.

8.2. You agree that Crowds Now Identity Verification Services may not be fully accurate as all Crowds Now Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.

8.3. You are solely responsible for identity verification and Crowds Now accepts no responsibility for any use that is made of an Crowds Now Identity Verification Service.

8.4. Crowds Now Identity Verification Services may be modified at any time.

8.5. The Crowds Now Platform may also include a User-initiated feedback system to help evaluate Users.

8.6. Crowds Now may make Badges available to Talent. The available Badge can be requested by the Talent via the Crowds Now Platform and arranged on behalf of the Talent and issued by Crowds Now, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Talent and determined by Crowds Now or a third-party verifier which shall be governed by its terms.

8.7. You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Talent prior to commencing the task.

8.8. It remains the Talent’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Crowds Now immediately if a Badge is no longer valid.

8.9. Crowds Now may, at its discretion, issue Badges to Talent for a fee.

8.10. The issue of a Badge to a Talent remains in the control of Crowds Now and the display and use of a Badge is licensed to the Talent for use on the Crowds Now Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Crowds Now Platform.

8.11. Crowds Now retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Crowds Now.

9. COVID-19 VACCINATION BADGES

9.1. User Obligations

For a COVID-19 vaccination badge (Covid Badge) to be added to your Crowds Now user profile, You must provide Crowds Now with a copy of your government issued COVID-19 vaccination documentation (Covid Documentation). By providing the Covid Documentation for assessment, you represent and warrant to Crowds Now that the Covid Documentation is genuine and was issued to you by the relevant federal or state government authority. You also represent and warrant that all information you provide in relation to the Covid Badge verification process is true, accurate, and not misleading, deceptive, or fraudulent in any manner. If you provide any data that is not true and accurate or is misleading, deceptive, or fraudulent you may be barred from using the Crowds Now platform in future.

9.2. Consent to Process Data

By submitting your personal information or otherwise using the Crowds Now platform or presenting a Covid Badge on your profile, you consent to the use, processing and storage of your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that Crowds Now may provide your personal information to any third-party service provider contracted for the purposes of assessing your data. Crowds Now (and its third-party processors) may store your personal information for the duration of your period as a User of the Crowds Now platform and up to 6 months after you terminate your profile on the platform.

9.3. Assessment Process

9.4. Crowds Now (or its third party processors) will assess the Covid Documentation provided by a User and verify that:

(a) the Covid Documentation is consistent in form and content with certificates then being issued by the relevant federal or state government authority.

(b) the name on the Covid Documentation matches the name of the User (Customer or Talent) recorded on the Crowds Now platform.

9.5. Crowds Now will take no other steps to verify the validity of the Covid Documentation. Once this information is verified the Covid Badge will be issued. The Covid Badge is evidence that Crowds Now has carried out the above steps only. Crowds Now gives no warranty or representation that the Covid Documentation has been properly issued or is otherwise current and valid, or that the User has been vaccinated.

9.6. You understand and agree that individual Users (Customers or Talent) are solely responsible for the accuracy of the information they provide and Crowds Now does not undertake investigations in relation to Users’ vaccination status. You further understand and agree that it is solely your responsibility to verify the vaccination status of any User (Customer or Talent) you may come in contact with during the course of a Task, whether or not they have a Covid Badge. You expressly release, indemnify and hold harmless Crowds Now and its associates and its third-party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the Covid status of a User in relation to any services provided or acquired through the Crowds Now platform.

9.7. Disclaimer

USERS OF THE PLATFORM ACKNOWLEDGE THAT THE ONLY STEPS CROWDS NOW HAS TAKEN TO ASSESS THE VERACITY OF THE COVID DOCUMENTATION ARE AS SET OUT ABOVE. CONSEQUENTLY, THE ISSUE OF A COVID BADGE TO A USER (CUSTOMER OR TALENT) BY CROWDS NOW MAY NOT BE RELIED UPON AS VERIFICATION THAT THE USER HAS VALID COVID DOCUMENTATION ISSUED BY A RELEVANT GOVERNMENT AUTHORITY OR IS VACCINATED. CROWDS NOW EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY A USER OF THE PLATFORM IN RELIANCE ON THE COVID BADGE OTHER THAN AS EXPRESSLY CONTEMPLATED BY THESE TERMS AND CONDITIONS.

10. INSURANCE

10.1. Crowds Now may offer its Users in Australia, New Zealand, United States, Ireland, Hong Kong, Singapore and the United Kingdom an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the Crowds Now website when they are available. Crowds Now confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.

10.2. Crowds Now does not represent that any insurance it acquires or which is offered via the Crowds Now Platform is adequate or appropriate for any particular User.

10.3. Each User must make its own enquiries about whether any further insurance is required and Talent remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Crowds Now Platform.

10.4. Crowds Now may also take out other insurance itself and that insurance may at Crowds Now’s option extend some types of cover to Users. Crowds Now reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies is available on the Crowds Now website and the policy details can be requested via Crowds Now. Users are responsible for familiarising themselves with these details.

10.5. You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Talent, and the insurance taken out by Crowds Now (if any) responds to that claim then this clause applies. If a claim is made against a Talent, Crowds Now may (provided that the Talent consents) elect to make a claim under any applicable policy and if the claim is successful, Crowds Now reserves its right to recover any excess or deductible payable in respect of the claim from the Talent. Where Crowds Now makes a claim and the insurer assesses that the Talent is responsible, Crowds Now is entitled to rely on that assessment. If You do not pay any excess due under this clause, Crowds Now may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.

10.6. You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Talent, and the insurance taken out by Crowds Now (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Crowds Now may elect to reject or pay an amount to settle a claim not covered by Crowds Now’s own insurance policies. To the extent that the Talent was or would be liable for the amount of the claim, if Crowds Now elects to pay an amount to settle the claim the amount paid by Crowds Now may be recovered by Crowds Now from the Talent. Crowds Now may also elect to set this amount off against future monies it may owe to the Talent.

11. LIMITATION OF LIABILITY

11.1. You acknowledge that you use the Crowds Now Platform at your own risk.

11.2. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Crowds Now Platform, or any other members’ or third party suppliers’ use of or conduct in connection with the Site &/or App, in any circumstance.

11.3. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Crowds Now Platform, including any breach by you of the Terms of Use.

11.4. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Crowds Now Platform. In particular, we do not make any representations or warranties that the Crowds Now Platform will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Crowds Now Platform.

11.5. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site &/or App purchased by you during the term of your membership.

11.6. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

12. PRIVACY

12.1. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.

12.2. Crowds Now will endeavour to permit you to transact anonymously on the Crowds Now Platform. However, in order to ensure Crowds Now can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Crowds Now reserves the right to ask Users to verify themselves in order to remain a User.

13. MODIFICATIONS TO THE AGREEMENT

13.1. Crowds Now may modify this Agreement or the Policies (and update the Crowds Now pages on which they are displayed) from time to time. Where Crowds Now make material modifications, we will send notification of such modifications to Your Crowds Now account or advise You the next time You login.

13.2. When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Crowds Now Platform in any manner, including engaging in any acts in connection with a Task/Event Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.

13.3. If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Crowds Now who will terminate Your Crowds Now account, and stop using the Crowds Now Service.

14. NO AGENCY

No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Crowds Now, its related entities or affiliates in any way whatsoever. Crowds Now confirms that all Third-Party Services that may be promoted on the Crowds Now Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Crowds Now specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.

15. NOTICES

15.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Crowds Now’s contact address as displayed on the Crowds Now Platform, or to Crowds Now Users’ contact address as provided at registration. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and

(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Crowds Now Platform account.

15.2. Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.

16. MEDIATION AND DISPUTE RESOLUTION

16.1. Crowds Now encourages You to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Crowds Now may, in its absolute discretion, share Your information with other parties involved in the dispute.

16.2. Crowds Now may elect to assist Users resolve disputes. Any User may refer a dispute to Crowds Now. You must co-operate with any investigation undertaken by Crowds Now. Crowds Now reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Crowds Now’s determination in an applicable court or tribunal.

16.3. Crowds Now has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.

16.4. Crowds Now may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

16.5. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.

16.6. If You have a complaint about the Crowds Now Service please contact us Contact Us page.

16.7. If Crowds Now provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Crowds Now for any costs, losses or liabilities incurred by Crowds Now in relation to any claims relating to any other use of information not permitted by this Agreement.

16.8.

17. TERMINATION & SUSPENSION

17.1. Either You or Crowds Now may terminate your account and this Agreement at any time for any reason.

17.2. Termination of this Agreement does not affect any Task Contract that has been formed between Crowds Now Users.

17.3. Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

17.4. If Your account or this Agreement are terminated for any reason then You may not without Crowds Now’s consent (in its absolute discretion) create any further accounts with Crowds Now and we may terminate any other accounts You operate.

17.5. We reserve the right to, without limitation, do any or all of the following in relation to your membership:

(a) suspend your membership;

(b) permanently or temporarily hide all or part of your member profile;

(d) terminate your membership for any reason by providing notice to you by email;

(e) terminate your membership immediately without notice to you if you have committed a breach of the Terms of Use;

(f) deactivate your membership if you have not used the Crowds Now Platform for a period of 12 months or more (from the date of last use); and/or
permanently or temporarily block your access to all or part of the Crowds Now Platform.

18. GENERAL

18.1. This Agreement is governed by the laws specified in Australia.

18.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

18.3. This Agreement may be assigned or novated by Crowds Now to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

18.4. This Agreement sets out the entire understanding and agreement between the User and Crowds Now with respect to its subject matter.

Revised 25 July 2025 Crowds Now® 2025