Terms of Use

  1. About the Website

    1. Welcome to www.crowdpleaser.com.au (the 'Website'). The Website provides:

      1. individuals and organisations seeking to hire live entertainment and event services (the ’Customers’); and
      2. individuals and organisations who provide live entertainment and event services (the ‘Service Providers’),
      with a platform on which to meet, communicate and arrange provision of and payment for services in an efficient and secure fashion (the ’Services’). For more information about how the website works including quoting, booking and service fee, please refer to our FAQs page.
    2. The Website is operated by CrowdPleaser Pty Ltd (ABN 22609937699) (‘CrowdPleaser’). Access to and use of the Website, or any of its associated Services, is provided by CrowdPleaser. To assist you in using the Website, including all sub-domains thereof, and to ensure a clear understanding of the relationship arising from your use of the Website, we have created these Terms of Use. Together, these Terms of Use and our Privacy Policy govern your use of the Website, so please read them both carefully. By using, browsing and/or reading the Website, you are acknowledging that you have read, understood and agree to be bound by the Terms of Use. If you do not agree with the Terms of Use, please cease to use the Website, or any of its Services. If you have any questions or need any clarification, please contact us before using the Website.
    3. In these Terms of Use, the words “you” and “your” refer to any person accessing or using the Website, and the words “we”, “us”, and “our” refer to CrowdPleaser.
    4. CrowdPleaser reserves the right to review and change any of the Terms of Use by updating this page at its sole discretion. When CrowdPleaser updates the Terms of Use, it will use reasonable endeavours to provide you with notice of this. Any changes to the Terms of Use take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms of Use for your records.
  2. Acceptance of the Terms

    1. You accept the Terms of Use by using the Website and/or its Services. You may also accept the Terms of Use by clicking to accept or agree to the Terms of Use where this option is made available to you in the Website.
  3. Registration to use the Services

    1. While you can visit the Website and review a range of information about the Service Providers without registering, to post information on the Website, and to access certain information or features through the Website, we will ask that you become a registered user by creating an account.
    2. As part of creating an account you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. an email address;
      2. a mailing address;
      3. a telephone number;
      4. a password;
      5. date of birth;
      6. bank account information.
    3. The Website’s registration forms specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. Information provided to us by you in connection with registering on the Website will be protected by us in accordance with the terms of our Privacy Policy.
    4. You warrant that any information you provide to the Website in the course of completing the registration process will always be accurate, correct and up to date.
    5. Once you have completed the registration process you will be a registered member of the Website (a 'Member') and agree to be bound by the Terms of Use.
    6. You may not use the Services and may not accept the Terms of Use if:
      1. you are not of legal age to form a binding contract through the Website; or
      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Your obligations as a Member

    1. As a Member, you agree to comply with the following:
      1. you will use the Services only for purposes that are permitted by:
        1. the Terms of Use; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. you agree that contact information including telephone numbers and email/Facebook/website addresses, external links, commercial advertisements, affiliate links, and other forms of solicitation will not be posted on Member profiles or on photos or videos uploaded to Member profiles or in communications with other Members or Customers through the Website. Such information or links may be removed from Member profiles or communication threads on the Website without notice and may result in termination of your account or suspension of your access to the Services;
      3. you will not contact other Members, Customers or Service Providers outside of the Website, unless you have already booked or have already been booked by the person you are contacting to provide live entertainment or event services through the Website and CrowdPleaser have provided the other party’s contact details to you for that express purpose;
      4. you will not encourage or solicit other Members, Service Providers or Customers to contact you outside of the Website, unless you have already booked or have already been booked by the person you are contacting to provide live entertainment or event services through the Website and CrowdPleaser have provided the other party’s contact details to you for that express purpose;
      5. you have sole responsibility for protecting the confidentiality of your password and/or email address used to log into the Website. Use of your password by any other person may result in the immediate cancellation of your account and suspension of your use of the Services;
      6. use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify CrowdPleaser of any unauthorised use of your password or email address or any breach of security of which you have become aware and to change your password and/or email address used to log into the Website through your control panel on the Website;
      7. you agree to be responsible for and to indemnify CrowdPleaser and its officers, directors and employees from any loss or damage we incur on account of any unauthorised use of your username or password;
      8. you have sole responsibility for any and all activities that are conducted through your account including the content or information you publish or display on the Website or transmit to other Members;
      9. you must not falsify your identity or misrepresent yourself in any way on the Website and you must not expressly or impliedly impersonate another Member or use the profile or password of another Member without their express consent;
      10. you guarantee that any content that you broadcast, publish, upload, transmit, post or distribute on the Website (“Your Content”) will always be accurate, correct and up to date;
      11. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of accessing the Services;
      12. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by CrowdPleaser;
      13. you will not use the Services or Website for any illegal and/or unauthorised use which includes, but is not limited to:
        1. collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
        2. transmitting any chain letters, spam or junk mail to other Members or to us;
        3. harvesting or collecting personal information about other Members, whether or not for commercial purposes, without our written consent;
        4. using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
        5. any automated use of the Website or its Services. Appropriate legal action will be taken by CrowdPleaser for any illegal or unauthorised use of the Website;
      14. you will not modify, adapt, sub-licence, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so;
      15. you will not express or imply that any statements you make are endorsed by us, without our specific prior written consent;
      16. you will maintain current and accurate contact information in your account page of the Website in the event CrowdPleaser needs to contact you outside the Website;
      17. you will not post on the Website or transmit to other Members or CrowdPleaser employees any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Website does not comply with the foregoing;
      18. you will not include in your profile on the Website any offensive or sexually suggestive references or post any photographs or other images containing nudity. CrowdPleaser reserves the right, but has no obligation, to remove without warning any profile or photograph or image that does not comply with these prohibitions;
      19. you will not harass, impersonate, stalk or threaten any Member of the Website (where interaction with other Members is made available to you) in any way;
      20. you will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
      21. you have sole responsibility for your interactions with other Members. CrowdPleaser reserves the right, but has no obligation, to monitor disputes between you and other Members;
      22. you will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from CrowdPleaser related to your or another Member’s compliance with these Terms of Use.
    2. Failure to comply with your obligations under clause 4 of these Terms of Use may result in immediate suspension or termination of your right to use the Website. CrowdPleaser reserves the right, in its sole discretion and in all instances, to determine whether a Member has or has not complied with any clause contained in these Terms of Use.
  5. Use of the Website as a Customer

    1. You acknowledge that to hire a Service Provider through the Website you are required to pay a deposit nominated by the Service Provider via the payment gateway on the Website at the time of booking. The deposit represents a percentage of the Service Provider’s total fee quoted to provide the agreed service. You acknowledge that a booking has not been made and the Service Provider has not been hired for your event until the deposit has been paid.
    2. You acknowledge and agree that you will make payment of the remaining balance owed to the Service Provider in accordance with the Payment Terms section of their quote. Such payment is to be made directly to the Service Provider outside of the Website.
  6. Use of the Website as a Service Provider

    1. You acknowledge and agree that your Profile is viewable by anybody who visits the Website. You agree that the information you post on your Profile will be accurate and current.
    2. You acknowledge and agree that by providing a quote to and accepting a booking from a Customer through the Website you are entering into a contract to provide services to the Customer as described in your quote for the price specified in your quote at the date and time specified in the Customer’s quote request.
    3. You acknowledge and agree that it is your sole responsibility to ensure compliance with the applicable Australian Tax Office regulations with respect to registration for and payment of GST. You accept that CrowdPleaser is not responsible for reporting or collecting GST on your behalf.
    4. In using the Website and the Services, you understand that you may be subject to appropriate State, Federal and International legislation (the “Applicable Law”). You accept that it is your sole responsibility to ensure that you are compliant with the Applicable Law and that, in the event that you are aware, or become aware, that you are not compliant with same, you must immediately cease use of the Website and the Services until such time as you become compliant.
    5. Where you continue to use the Website and the Services, you warrant that you are legally entitled to provide the advertised services and/or sell the advertised products through the Website. If you are unsure if you are compliant with the Applicable Law then it is your sole responsibility to identify and comply with all relevant Applicable Law prior to using the Website or the Services.
  7. Payment

    1. CrowdPleaser uses Assembly Payments Pty Ltd (ABN 49 167 436 722)  ('Assembly') as its third party service provider for all payments through the Website. By making any payment through the Website you acknowledge that you have read, understood and agree to be bound by the Assembly User Terms and Privacy Policy which are available on their website. You also consent and authorise CrowdPleaser and Assembly to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider.
    2. The Website accepts deposit payments via credit card on the Website from Customers for provision of services agreed to be provided by Service Providers.
    3. Assembly collects from the Customer the booking deposit nominated by the Service Provider and deposits this sum, less CrowdPleaser’s service fee, into the Service Provider’s nominated account. Payment of the deposit into the Service Provider’s account will take place approximately ten (10) days after the booking is made. If the booking is made within ten days of the event date, the deposit will be released approximately 24 hours after the event.
    4. If the Service Provider has not nominated an account via their account page on the Website, Assembly will hold the deposit, less CrowdPleaser’s service fee, in escrow until such time as an account is nominated by the Service Provider.
    5. The Website does not accept payment of remaining balances owed by Customers to Service Providers. Payment of the remaining balance owing by the Customer should be made directly to the Service Provider outside of the Website in accordance with the Payment Terms in the Service Provider’s quote.
    6. You acknowledge and agree that where a request for the payment of Services is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with same.
    7. CrowdPleaser charges Service Providers a 10% service fee on bookings, which is calculated on the Service Provider’s fee and deducted from the Customer’s deposit. This helps cover the costs of maintaining, improving and promoting the platform. CrowdPleaser reserves the right to vary the level of its service fee at any time.
  8. Cancellation and Refund Policy

    1. You acknowledge and agree that any cancellation by a Customer or Service Provider of bookings made through the Website or services agreed to be provided through the Website must be made in accordance with the Cancellation Policy set out in this clause 8.
    2. Any cancellation of a booking for provision of services by the Service Provider before the service or event date will result in the booking deposit paid by the Customer being refunded to the Customer in full by the Service Provider and CrowdPleaser. This is referred to as CrowdPleaser’s Booking Guarantee.
    3. You agree and acknowledge that where the Customer cancels a booking for provision of services from a Service Provider at any time after booking, the booking deposit paid by the Customer is forfeited and will be retained by the Service Provider, less CrowdPleaser’s service fee. You agree and acknowledge that where the Customer cancels a booking, the Payment and Cancellation Terms in the Service Provider’s quote on the Website will govern the refund of any portion of the remaining balance paid by the Customer directly to the Service Provider or payment of any portion of the remaining balance owed by the Customer to the Service Provider.
    4. As CrowdPleaser only provides the platform for provision of the Services and is only a facilitator in connecting Customers to Service Providers and providing a system to make bookings and secure payments, CrowdPleaser does not have any liability or responsibility to Customers directly and will not refund any payments made by the Customer outside of the Website directly to the Service Provider.
    5. If you are dissatisfied with the quality, accuracy, timeliness, quantity or nature of the services provided by a Service Provider, please notify CrowdPleaser via the ‘Contact Us’ section of the Website, so that we may consider if the Service Provider’s profile and account should be removed from the Website.
    6. All financial information addressed on the Website is given in terms of Australian dollars.
  9. Copyright and Intellectual Property

    1. The Website, the Services and all of the related products of CrowdPleaser are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by CrowdPleaser or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by CrowdPleaser, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      1. use the Website pursuant to the Terms of Use;
      2. copy and store the Website and the material contained in the Website in your device's cache memory; and
      3. print pages from the Website for your own personal and non-commercial use.
      CrowdPleaser does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by CrowdPleaser.
    3. CrowdPleaser retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    4. You may not, without the prior written permission of CrowdPleaser and the permission of any other relevant rights owners broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms of Use. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
    5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to CrowdPleaser a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
    6. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information or material without obtaining a licence or the prior consent of the owner of such proprietary rights. As a Member you agree that by uploading your music you have unrestricted permission or an appropriate licence to post such musical work and recording thereof. You agree to comply with the Copyright Act 1968 (Cth) in respect of the uploading of music subject to copyright.
    7. CrowdPleaser respects copyright and intellectual property rights, and will remove content that infringes the rights of others. If you are concerned that a CrowdPleaser Member or any content on the Website violates your copyright, we encourage you to contact the CrowdPleaser Member responsible for the content regarding the perceived infringement. You and the Member may be able to resolve the issue quickly and amicably without CrowdPleaser’s involvement.
    8. In the event you cannot resolve a perceived copyright infringement dispute with a Member regarding content they have posted on the Website, please notify us via email at or via the ‘Contact Us’ link on the Website. We will investigate and remove the content if we determine it infringes your copyright.
  10. Privacy

    1. CrowdPleaser takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to CrowdPleaser's Privacy Policy, which is available on the Website.
    2. We strongly recommend that you take precautions to ensure your own safety and security when engaging and/or sharing personal information with any other party you connect with through the Website.
    3. While CrowdPleaser uses the best industry practices to protect your personal information, we are only able to protect your personal information if you comply with your obligations pursuant to these Terms of Use.
  11. General Disclaimer

    1. You acknowledge that the Website is only intended to facilitate the Services and does not offer to provide services to you directly other than the Services. CrowdPleaser is the facilitator, introducing Customers to Service Providers and providing a platform through which to communicate, make bookings and deposit secure payments. You acknowledge and agree that CrowdPleaser is not and will not in any way be construed to be a party to any contract or agreement between Customers and Service Providers using the Website. You acknowledge that CrowdPleaser has no liability or responsibility to you as a result of any conduct of Members or the misuse of Your Content by any party (including other Members).
    2. You acknowledge and agree that CrowdPleaser makes no warranty to the Customer or any other party as to the quality, accuracy, timeliness, quantity or nature of the services or products offered or provided by the Service Provider.
    3. You acknowledge and agree that CrowdPleaser makes no warranty regarding the accuracy of representations and statements made by Members in the course of using the Services or in connection to the Website, including but not limited to representations and statements in respect of the qualifications, certifications, skills, experience, references and other details of Service Providers.
    4. CrowdPleaser does not take responsibility for the content of any Member profile, or Member services offered on any profile. CrowdPleaser does not endorse, sanction or verify, and specifically disclaims responsibility or liability for any Member or user profiles. Concerns regarding any such service offered by a Member should be directed to the particular Member. CrowdPleaser does not endorse, sanction, or verify Members on the Website. Contacting other Members is at your own risk, and we disclaim all liability with regard to your dealings with any Member listed on the Website.
    5. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of CrowdPleaser make any express or implied representation or warranty about the Services or any products or services (including the products or Services of CrowdPleaser) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any Services related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of the products of CrowdPleaser; and
      4. the Services or operation in respect to links which are provided for your convenience.
    6. You should conduct your own independent investigation, inquiries and due diligence with respect to the users of the Website before entering into any transaction with such persons. In no event shall CrowdPleaser or any other party involved in creating, producing, or delivering the Website be liable for any financial or other obligations that may arise between you and any other user of the Website.
    7. You acknowledge that documents posted to and content available at the Website may contain computer viruses and you expressly assume that risk. Should you download any such materials from the Website, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the Website.
    8. Nothing in the Terms of Use limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    9. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms of Use are excluded; and
      2. CrowdPleaser will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms of Use (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  12. Limitation of liability

    1. CrowdPleaser's total liability arising out of or in connection with the Services or these Terms of Use, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent payment made to CrowdPleaser, not including payments made through the Website for services to be provided by Service Providers.
    2. You expressly understand and agree that CrowdPleaser, its affiliates, directors, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability arising out of your or any other party’s access to or use of the Services or the Website. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. CrowdPleaser has no control over or responsibility for the behaviours and actions of Members, including their comments, posts or information that they upload. Accordingly, CrowdPleaser is not responsible for any offensive, inappropriate, obscene, inaccurate, misleading or unlawful content you may encounter on the Service Provider’s profile, in communications via the Website or in connection with any of the services or products described on the Service Provider’s profile or provided by the Service Provider.
    4. You expressly understand and agree that CrowdPleaser shall have no liability or responsibility for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
  13. Termination

    1. The Terms of Use will continue to apply until terminated by either you or by CrowdPleaser as set out below.
    2. If you want to terminate the Terms of Use, you may do so by providing CrowdPleaser with seven (7) days' notice in writing of your intention to terminate. Such notice should be provided via the “Contact Us” link on the Website.
    3. CrowdPleaser may at any time terminate the Terms of Use with you if:
      1. you have breached any provision of the Terms of Use or intend to breach any provision;
      2. CrowdPleaser is required to do so by law;
      3. the provision of the Services to you by CrowdPleaser is, in the opinion of CrowdPleaser, no longer commercially viable;
      4. CrowdPleaser determines the Services shall no longer be provided to Members in your location.
    4. Subject to local applicable laws, CrowdPleaser reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms of Use or any applicable law or if your conduct impacts CrowdPleaser's name or reputation or violates the rights of another party.
  14. Indemnity

    1. You agree to indemnify CrowdPleaser, its affiliates, officers, directors, employees, agents, contributors, suppliers, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;
      3. any representation or warranty made herein; and/or
      4. any breach of the Terms of Use.
  15. Dispute Resolution

    1. Compulsory: If a dispute arises out of or relates to the Terms of Use, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice: A party to the Terms of Use claiming a dispute has arisen under the Terms of Use must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.
    3. Resolution: On receipt of that notice by that other party, the parties to the Terms of Use must:
      1. Within 7 days of the notice endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 14 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Bar Association or his or her nominee;
      3. The parties are equally liable for the fees and reasonable expenses of a mediator and any cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Brisbane, Queensland, Australia.
    4. Confidential: All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation: If 28 days have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
    6. Venue and Jurisdiction: The Services offered by CrowdPleaser are intended to be accessed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be the courts of Queensland, Australia and you agree to submit to the jurisdiction of such courts for the purposes of litigating any such claim(s).
  16. Governing Law

    1. The Terms of Use are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms of Use and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms of Use shall be binding to the benefit of the parties hereto and their successors and assigns.
  17. Independent Legal Advice

    1. Both parties confirm and declare that the provisions of the Terms of Use are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice declare the Terms of Use are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  18. Severance

    1. If any part of these Terms of Use is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms of Use shall remain in force and effect as if such invalid provision had never been included herein.
  19. Reserved Rights

    1. Without limitation to all other rights enjoyed by CrowdPleaser, we expressly reserve the right at any time to:
      1. Modify these Terms of Use as provided herein;
      2. Change the Website, including eliminating or discontinuing any content on or feature of the Website, and/or adding new features, categories, business models or offerings;
      3. Terminate the membership of any Member and/or pursue legal action against any user of the Website who does not comply with these Terms of Use, though CrowdPleaser assumes no obligation to do so;
      4. Terminate or disable any Member account at our discretion;
      5. Change, edit, add to, disable or delete any Profile information or imagery at our sole discretion, or other Website content, without notice;
      6. Change CrowdPleaser’s service fee without notice.
  20. Links To Other Websites And Services

    1. CrowdPleaser does not control the availability or content of any outside websites, services, or resources to which this Website may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Unless stated otherwise, CrowdPleaser does not endorse, sanction, or verify sites to which our Website links, and we provide these links merely for our users’ convenience. Access to such other sites is at your own risk, and we disclaim all liability with regard to your access to such linked websites.
  21. No Partnership, Agency, or Affiliation

    1. Unless stated otherwise by CrowdPleaser, it is expressly understood that CrowdPleaser is not your partner, agent, joint venturer, or otherwise an affiliate of you or any Member or other user of the Website.
  22. Website and Service Modifications

    1. We may make improvements or other changes to the Website, or to the information and services offered at the Website, without notice to you. We may add, delete, move, or modify some or all of the Website at any time.
  23. Transfer of Rights and Assignment

    1. CrowdPleaser may wish at some point to assign or transfer its rights in this Website to a third party, whether in connection with a merger, acquisition, asset sales, reorganisation or otherwise. You agree that CrowdPleaser may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your personal information, on the condition that such third party agree to abide by a privacy policy at least as protective as CrowdPleaser’s Privacy Policy.