Terms of use

Part 1 : Operation and Dictionary

1.Operation

(a) The Terms should be read together with the Privacy Policy and the Cookie Policy.
(b) We own and operate the Website.
(c) By accessing and/ or using the Website, you agree to the Terms, the Privacy Policy and the Cookie Policy.
(d) You should read the Privacy Policy, the Cookie Policy and the Terms carefully. If you do not agree to the Terms, the Privacy Policy and the Cookie Policy, you should immediate stop using the Website.

2.Structure of Website

(a) The Website comprises two sections.
(b) There are publicly accessible sections of the Website which can be accessed without Registration.
(c) The pages which allow access to the Services and can only be accessed by Registered users.
(d) These terms apply whether or not you are Registered.

3.Dictionary

In the Terms, the following terms have the following meanings:

Term

Definition

our, us and we

Eureka Revolution Pty Ltd ACN 165 605 783

Cookie Policy

Our cookie policy published on this Website

Privacy Policy

Our privacy policy published on this Website

Services

A crowdfunding and e-commerce platform

Fees

The Fees published on this Website from time to time.

Personal Information

The personal information which you provide to us as part of Registration as updated from time to time.

Registered

You are Registered if you have completed Registration

Registration

Registration under Part 2

Terms

These terms and conditions

Website

The domain https://joeycrowd.com and all subdomains and related services

Part 2 : Registration/ Personal Information

4.Registration/ Personal Information

(a) You must be Registered to access the Services.
(b) To become Registered you must:
(i) have legal capacity (including, as an individual, company or body corporate); and
(ii) if you are an individual, be at least 18 years of age; and
(iii) possess the legal right and ability to enter into a legally binding agreement with us; and
(iv) agree and warrant to use the Website in accordance with these Terms.

5.Personal Information

(a) In order to be Registered you must provide us with your personal information. We may change the Personal Information which we collect from time to time.
(b) You must ensure that the Personal Information which you provide to us is accurate and up to date.
(c) Our Privacy Policy applies to the Personal Information.

6. Collection Notice

(a) We collect the Personal Information in order to provide you with the Services and for purposes otherwise set out in our Privacy Policy.
(b) We may disclose that information to third parties that help us deliver the Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information or provide inaccurate information, we may not be able to provide some or all of the Services to you.
(c) Our Privacy Policy explains:
(i) how we store and use, and how you may access and correct your personal information; and
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint.
(d) If you would like any further information about our privacy policies or practices, please contact us using the details on our Website.
(e) By providing the Personal Information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy, Cookies Policy and these Terms.

7. Username and Password

(a) When you are Registered, we will provide you with a user name and password.
(b) You must keep this user name and password secure and you are responsible for all use and activity carried out under this user name.

Part 3: Services

8. Services

(a) We may offer different features and options for the Services based upon your responses and based upon our selection criteria.
(b) The section of the Website setting out our Fees sets out the terms upon which the Fees must be paid.
(c) If you do not pay the Fees, we may terminate the Services or reduce the functionality of the Services.

9. Messaging System

(a) We may offer a messaging system whereby different users of the Services may communicate with each other.
(b) You accept that where communication is required under these Terms, communication using the messaging system is acceptable for that purpose.
(c) You acknowledge that you should check the messaging system regularly because important messages may be sent using the messaging system e.g. a request for a delivery address. You accept that there is no liability where you fail to check the messaging system in a timely manner.

10. Access to Services

(a) Upon becoming Registered and subject to payment of the Fees, we will provide your chosen Services to you.
(b) As with any other business, we are unable to guarantee that you will have access to the Services at all times. In particular, we rely upon certain third party providers for parts of the Services, we do not control those providers and, accordingly, those providers may fail causing a corresponding failure in the Services.
(c) If we fail to provide the Services, our liability is limited to:
(i) resupplying the Services to you; or
(ii) refunding you the Fees for the affected period.
(d) IN AUSTRALIA, OUR SERVICES MAY COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATIONS ARE EXPRESSLY EXCLUDED WHERE PERITTED, INCLUDING LIABILITY FOR LOSS OF PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS.

Part 4 : Reward Crowdfunding Services

11. Reward Crowdfunding

(a) We may offer the ability to you to:
(i) create a crowdfunding project as a Creator ; and
(ii) back crowdfunding projects as a Backer, in each case where the consideration between the Creator and the Back is in the form of rewards (Rewards) set out on the relevant project (RewardsProject) page.
(b) The Creator of a Rewards Project makes an offer in the form of Clause 11. Upon backing that Rewards Project, the Backer accepts that offer and agrees to the terms in Clause 11.
(c) We are not a part of the legal relationship between Creator and Backer. Our role is only as a platform to facilitate the relationship between Creators and Backers.
(d) Importantly, we are not responsible for any failure of a Creator to fulfil any Rewards or any Rewards Project.
(e) Each Backer recognises that they are backing a Rewards Project which is inherently risky – typically Rewards Projects will be at the ideation or prototype stage (and not a completed product or service), at that early stage there may be factors that are outside of a Creator’s control that prevent that Creator from fulfilling that Rewards Project.
(f) If a Rewards Project reaches its goal, we will charge our Fees before depositing the balance of the funds in the Creator’s bank account.
(g) Finally, we have an absolute right to remove and cancel any Rewards Project in our absolute discretion.

12. Terms of Crowdfunding

(a)The Creator represents and warrants that the information and the Rewards set out on the Rewards Project page is true, accurate, correct and not misleading to the best of the Creator’s knowledge and belief.
(b) This Clause 11 forms a legally binding agreement between the Creator and each Backer. If the Creator breaches that agreement then the Backers may have certain legal rights.
(c) This Clause 11 (except for Clauses 11(a) and 11(b)) only takes effect if the crowdfunding goal for the project is reached.
(d) Subject to Clause 11(e), the Creator must provide the relevant Rewards to the relevant Backers within the timeframes set out on the Rewards Project page.
(e) If there is a change of circumstances such that:
(i) the Rewards may no longer be fulfilled; or
(ii) the Rewards may not be of the same nature described on the Rewards Project page; or
(iii) the Rewards may no longer be fulfilled within the timeframe set out on the Rewards Project page,
the Creator must use reasonable efforts to:
(iv) communicate with Backers so that they are informed of those circumstances and how the Creator proposes to remedy them; and
(v) fulfil the Rewards and the original purpose of the Rewards Project in any other manner possible; and
(vi) where a Rewards Project can no longer be fulfilled in any manner, return any remaining funds to Backers (in proportion to the amounts backed).
(f) Where a Rewards Project is backed above and beyond its goal, the Creator may refund the amount paid by any particular Backer until the goal is reached. Such a refund satisfies your obligations to that Backer.

Part 5 : Future Store Services

13. Future Store

(a) We may offer the ability to you to:
(i) list goods and services (Product) on our Future Store as a Seller; and
(ii) buy Products on the Future Store as a Buyer.
(b) A Seller must only list a Product on our Future Store if you own the Product and have sufficient stock to fulfil orders as set out on the Product page.
(c) A Seller of a Product makes an offer in the form of Clause14. Upon purchasing that Product, the Buyer accepts that offer and agrees to the terms in Clause14.
(d) We are not a part of the legal relationship between Seller and Buyer. Our role is only as a platform and marketplace to facilitate the relationship between Sellers and Buyers.
(e) Importantly, we are not responsible for any failure of a Seller to sell or deliver the Product to the Buyer.
(f) We will charge our Fees before depositing the balance of the funds into the Seller’s bank account.
(g) Finally, we have an absolute right to remove any Product in our absolute discretion

14. Sale and Purchase Terms

(a) The Seller represents to the Buyer that the Product page is true and correct.
(b) The Seller agrees to sell the Product ordered by the Buyer to the Buyer.
(c) The Buyer must pay the purchase price, delivery costs and insurance (if any) less the Fees for the Product.
(d) The Seller and the Buyer agree that the sale is a purchase by description and, accordingly, the Product supplied by the Seller must meet the description on the Product page.
(e) The Seller agrees to deliver the Product ordered to the Buyer in the timeframe set out on the Product page or, if there is no timeframe set out on the Product page, as soon as practicable and within 7 days.
(f) The Product ordered legally belongs to the Buyer once the Seller sends it for delivery. Except where a Product is not delivered due to a Seller error, the Buyer is responsible for the Product once sent. The Buyer acknowledges that it may be able to purchase insurance to cover loss during delivery.

Part 6 : Street Team Services

15. Street Team Services

(a) We may offer the ability to you to:
(i) offer your services to promote other people’s projects and products as a Street Team Member; and
(ii) promote your projects and products as a Creator by using a Street Team Member;
(b) Street Team Members are not part of our organisation.
(c) A Creator may make an offer to a Street Team Member to promote a project or product on the Website. That Street Team Member has an absolute discretion whether or not to accept that offer. However, if that offer is accepted, the Creator and the Street Team Member agree to the terms set out in Clause 16.
(d) We will charge our Fees before depositing the balance of the funds into the Street Team Member’s bank account.

16. Street Team Member Terms

(a) The Street Team Member is not a sales person or an agent for the Creator.
(b) Instead, the Street Team Member undertakes to:
(i) critically review a project or product; and
(ii) in a Street Team Member’s absolute discretion to promote that project or product using social media, traditional media or any other manner (e.g. posting a review).
(c) In consideration for that undertaking, the Creator must provide the following (if any) as set out in the offer:
(i) promotional consideration (e.g. a review product, a behind the scenes look, an exclusive interview); and/ or
(ii)monetary consideration (less the Fees).

Part 7 : Third Party Integration

17. Third Party Integration

(a) We may integrate our services with those of our third party partners (e.g. credit card payment gateways).
(b) The use of those third party partners’ services is generally intended to enhance your experience when you use our Website..
(c) Where a service is provided by a third party partner, it will generally be indicated by either:
(i) the domain changing away from our Website; or
(ii) an indicator showing that certain services are powered by a third party partner.
(d) Your use of those third party partners’ services is generally optional but choosing not to use those services may degrade your experience on our Website.
(e) Our third party partners’ relevant terms and conditions apply to the use of their services.
(f) You expressly authorise us to provide your Personal Information to our third party partners but strictly for the purpose of integrating their services with ours and only where you have chosen to do so.

Part 8 : Changes

18. Accuracy, completeness and timeliness of information

(a) The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this Website.
(b) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
(c) We may, from time to time and without notice, change or add to the Website (including the Terms and the Privacy Policy) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
(d) Changes to the Terms and the Privacy Policy take effect once published on the Website. Your continued use of the Website and the Services constitutes acceptance of the changed Terms.

19. Changes to Services, Fees, etc.

(a) We may, from time to time and without notice:
(i) change, remove or add to the functionality of the Services; and
(ii) change the Fees.
(b) You accept that we may change the Services from time to time.
(c) You accept any change to the Fees and we are entitled to charge those changed Fees to you on the next billing cycle.

20. Promotions and Competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Part 9 : Other Conditions

21. Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

22. Intellectual property rights – General

(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
(b) Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
(c) Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location and support for publication, reproduction or distribution is expressly prohibited.
(d) All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

23. Intellectual property rights – Services

(a) This Clause 15 applies to your intellectual property rights while using the Services.
(b) To the extent of an inconsistency between this Clause 15 and Clause 14, this Clause 15 prevails.
(c) While using the Services, we may access your information both from you and from third party providers. You grant to us a licence to:
(i) access that information; and
(ii) cache and store that information on our servers,
in each case, for the limited purpose of providing the Services. Your use of the Services does not otherwise grant or transfer any rights to that information.

24. Unacceptable activity

(a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
(i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(ii) using this Website to defame or libel us, our employees or other individuals;
(iii) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(iv) posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
(b) If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

25. Warranties and disclaimers

(a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
(b) We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

26. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or Content and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

27. Jurisdiction and governing law

(a) Your use of the Website, these Terms and the Privacy Policy are governed by the law of the State of South Australia.
(b) We and you submit to the non-exclusive jurisdiction of the Courts of that State and the Courts of the Commonwealth of Australia (in the registry in the capital of that State) and any Courts which may hear appeals from those Courts.
(c) The Parties agree not to object to the jurisdiction of those Courts on the basis of forums non conveniens, under the Service and Execution Of Process Act 1992 (Cth) or any other basis.

28. Entire Agreement

(a) These Terms, the Privacy Policy, the Cookie Policy (and any other document incorporated by those documents) (together, the Contractual Documents) forms the entire agreement between us and you as to its subject matter.
(b) All prior representations, statements, warranties and guarantees are expressly waived unless incorporated into the Contractual Documents.
(c) The Contractual Documents may only be amended in writing.