CRW Terms of Use

Effective 26th February 2024

These terms of use (“Terms of Use”) govern your access to and use of No More Rocks Pty. Ltd (“CRW”, “we”, “us”, or “our”) website crwsocial.com (the “Website”), the Android and iOS mobile applications “CRW” (the “Mobile Applications”), and their associated services, features, and functionalities (collectively, together with the Website and the Mobile Applications, the “Services”).

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

1. Changes to the Terms of Use

We may update or modify these Terms of Use at any time, effective upon posting the revised Terms of Use, along with an updated “Effective Date” above, on the Services. We may give notice of such updates or modifications by any reasonable means, including by posting a revised version of these Terms of Use on the Services. Your continued access or use of the Services following any updates or modifications to these Terms of Use will constitute your acceptance of such updates or changes.

2. Services Eligibility

You are not authorised to use the Services unless all of the following are true, and by using the Services, you represent and warrant that:

You are of legal age of 18 and above;
You are legally qualified to enter these Terms of Use with CRW;
You are using the Services for their intended purposes;
You are not prohibited by law from using our Services;
You have not committed, been convicted of, or pled no contest to a felony or indictable offence (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a danger to other users of our Services;
You are not required to register as a sex offender with any state or provincial, national, or local sex offender registry; and
You have not been previously removed or blocked from our Services unless you have our express written permission to re-use them.

If you cease to meet the requirements in this Section at any time, all authorisation and access to our Services are automatically revoked. You must immediately delete your accounts on the Services, and we retain the right to remove your access to the Services without warning.

3. The Services

3.1 The Services comprise a social networking platform facilitating user communication via various features. Users may be presented to each other via a location-based system. The Services gives you access to an online database, through which you can get to know other registered members through services that are either free or subject to a fee. The Services are currently only available via the Mobile Application(s).

3.2 The Services contain an online database with profiles, which the registered members fill with photos and information. The privacy information on the Services shows which data is collected in this context and how this data is visible to other members. CRW offers Services in various countries and enables cross-regional search and contact.

3.3 With the Services, registered members can contact other people for dating purposes, make new friends, and network.

3.4 CRW explicitly is not a marriage broker and does not owe you a marriage brokerage or initiation.

4. Term and CRW’s Termination or Other Remedies

These Terms of Use will always stay in full force while you access and use our Services. You can end your membership to the Services at any time and for any reason by following the instructions in the “Delete Account” section on the Services. CRW can end your membership to the Services and terminate your access to and use of the Services at any time and for any reason without prior notice. If CRW terminates your membership to the Services, you are not entitled to any refund or subscription fees for your account. These Terms of Use will survive termination and continue in full force and effect.

In addition to CRW’s termination right above, failure to comply with these Terms of Use may lead to any of the following without prior warning: (1) requests for additional information from CRW, (2) suspending your access to or use of the Services, (3) permanently blocking your access to or use of the Services, or (4) removal or deletion of certain information, data, or content posted by you.

5. Registration to the Services

5.1 Using the Services requires registration. In some areas, CRW may require a valid phone number for registration, which means the verification code will be sent by text message. You must use a valid phone number to receive text messages. Other login options for the services may be available, depending on your location and device. Registering an account agrees to our Terms, Privacy Policy, and Community Guidelines.

5.2 When CRW requires a valid phone number to proceed with the registration process, you are providing consent for CRW to send text messages (SMS) to continue the registration for the Services. If you do not want to register with a phone number, choose an alternative sign-up option.

5.3 Any new users should download the Mobile Application to register for the Services.

5.4 After registration for the Services, you must complete your profile with pictures and information. Please note that for certain Services, during the first twenty-four (24) hours, CRW checks if a registered profile is suitable for gaining access to the extended scope of the Services. A completed registration does not have to result in access to the Services, nor does CRW have the obligation to communicate reasons to a user for the non-acceptance of full membership to the Services.

5.5 You agree to pay CRW any fees for the Services. As described below, certain Services may be subject to fees.

5.6 Upon completing your profile, you may be able to use the Services free of charge per these Terms of Use. Additionally, a premium subscription feature gives you access to additional benefits.

5.7 CRW can terminate your account, profile, or membership at any time. Notwithstanding the preceding, CRW may terminate your account, your profile, or your membership if you violate these Terms of Use, you may endanger other members of our Services, or if you otherwise violate CRW terms.

5.8 CRW offers the choice to register in two modes: Individual User Profile and CRW (Group) profile. These two modes are connected while remaining distinct profiles. A member must have an individual registered profile to create a CRW or request to join one. When a member requests to join a CRW, this has to be approved by the creator of the CRW.

5.9 CRW offers a variety of services and features for registered members. CRW has the right to add new features, remove old features, and modify or change the Services at any time. You have no guarantee of having unchanged access to features on the Services (paid or unpaid) or its availability to basic members or those who purchased a premium membership.

5.10 Once you have successfully registered for the Services, certain Services are only available upon payment of a fee to CRW. For clarity, any chargeable services shall be considered “Services” for purposes of these Terms of Use and are also subject to these Terms of Use. Before you can take advantage of these chargeable services, we will inform you about the content of the chargeable service as well as about the prices and the terms of payment. Your declaration of payment is made when the purchase button is pressed. CRW will charge for such payment when CRW confirms your order.

5.11 CRW may enable the purchase of premium membership (paid) via its Mobile Applications. As a rule, a purchase is made via the Mobile Applications if you tap on the button on the “Confirm” field or a comparable field and, if necessary, enter a password or equivalent confirmation (e.g., Face ID) for the App Store or Google Play Store. Apple also uses the customer’s iTunes account for billing, while Google uses the customer’s registered Google Wallet account in its Google Play Store. Separate terms and conditions govern these transactions, and CRW shall not be liable to you for such transactions. Memberships purchased via Apple and Google must be cancelled separately in your App Store or Google Play Store settings.

6. Free and Chargeable Services

6.1 Once successfully registered by Section 5 above, based on your profile information and preferences, we will provide you with a daily limited suggestion list online via the Services in connection with your membership. The suggestion list contains recommendations in the form of complete profiles. Suggestions will cover information on the type of connection the users prefer, including new friends, long-term relationships or shared experiences. With a membership to the Services, it is possible for you to match with another person and to start an unlimited conversation.

6.2 CRW provides daily limited profile suggestions matching your selected filter criteria.

6.3 In addition to the Services listed in Section 6.1 of these Terms of Use, CRW may offer a range of Services subject to additional payment. These Services are paid in the form of In-App purchases. Perks and details on the In-App purchases are stated before purchase. CRW has the right to offer additional chargeable services at any time.

7. Memberships

7.1 When you deactivate or delete your membership account, or if the account is suspended or terminated by CRW, you acknowledge that any remaining or unused In-App purchases will expire. No refunds will be issued for any remaining In-App purchases. Suppose you deactivate your account and will reactivate it later. In that case, you further agree that any remaining In-App purchases during the account deactivation will expire, and no refunds will be issued for any remaining In-App purchases.

8. Your Termination

8.1 You can cancel your membership via the Services at any time by clicking the “Delete Profile” button in the “Settings” / “Deactivate Account” area.

8.2 Once a purchase has been made, CRW cannot issue a refund for the Services.

8.3 If you would like to cancel your membership via the Services, you must cancel any auto-renewal for the Services, even if you have been banned, blocked, or suspended from the Services.

9. Functionality of the Services

9.1 To fully use the Services, you must use or enable the use of the current Android or iOS version app version. If older or not commonly used versions or technologies are used, you may have limited use of the Services.

9.3 If we provide you with updates for the services and our mobile applications, we strongly recommend that you install them as soon as possible. It is your responsibility to install such updates within a reasonable time. If you fail to do so, even though we have advised you of the availability of the update and the consequences of not installing it, we will not be liable for any defects in the Services resulting from your failure to install the update. If you cannot correctly perform the installation based on the information provided, you must notify us immediately.

9.4 Subject to CRW’s determination of the quality of your account, your profile is given either partial or full access to the Services, which is to be determined by CRW in CRW’s sole discretion. In particular, partial access limits your ability to contact other Service members. If you are granted partial access to the Services, you can modify your profile and complete several tasks, which may grant you full access to the Services. Additionally, you can wait for our expert team to review your profile in depth to gain possible full access to the Services later after a subsequent profile review. We do not guarantee users full access to the Services upon registration or while they have partial access to the Services. A selected expert team is constantly reviewing profiles to ensure the quality of our user base.

9.5 Members and those with full access to the Services can communicate with other people via messages or video chat (future release).

9.6 CRW might offer additional seasonal activities within or outside the Services at its discretion.

10. Your Duties

10.1 You agree that your use of the Services shall not violate any law, regulation, or code or otherwise harm another user of the Services. This includes, but is not limited to, crimes, fraud, escorting prostitution, and human trafficking.

10.2 You must make all payments for the Services due to CRW on time. If you are culpably in arrears with more than one successive instalment, all outstanding fees up to the end of the term for the Services are due immediately.

10.3 You represent and warrant to CRW that all information you provide to us in connection with your access to and use of the Services will be true, accurate, and complete. CRW reserves the right to take civil action against customers who intentionally and fraudulently provide false, inaccurate, incomplete, or deceptive information.

10.4 To keep the Services safe, you must provide a voluntary real-time selfie via the Services with the front camera of your device to verify your profile pictures. Suppose your profile is involved in suspicious activities. In that case, CRW requests a verification picture to continue using your account via the Services or its communication channels at any time to keep the S services secure and the user profiles genuine and authentic. Not providing a verification picture matching your profile photos may result in losing access to your profile or terminating your account.

10.5 The Services are intended for private, internal, non-commercial use only. By registering, you agree not to use the Services for commercial purposes and not to use data or information made available to you via the Services for commercial, marketing, or advertising purposes. You are not permitted to use any robot, scraper, or other manual or automated means to access the Services or systematically collect any data, information, or content thereon (including the data, i’ data, information, or content).

10.6 You agree that you shall treat any information, data, emails and other messages from other CRW members via the Services as confidential, and you shall not make such information, data, emails, or other messages accessible to third parties without the consent of their author. For clarity, the same applies to the names, telephone names’ names, telephone numbers, email and residential addresses, social media profiles and URLs or other personal data.

10.7 You agree to respect the information or data other customers share via the Services. In particular, you are forbidden to screenshot personal profile messages or record video chats to share them with any third party except the CRW customer service team. You must behave respectfully and politely when using chat features on the Services.

10.8 You can let us know if you are no longer interested in matched CRW proposals via the Services due to the establishment of a partnership or for other reasons. We value your feedback. To find out about account closure, refer to Section 8 of these Terms of Use.

10.9 CRW is entitled to delete messages via the Services without asking at any time. All data may be deleted by CRW twelve (12) months after the last login by a customer. For this reason, you are solely responsible for responding to and reviewing your profile's incoming messages and data at regular and appropriate intervals and archiving them on your computer or other storage media, if necessary.

11. Use of CRW Services

CRW reserves the right to remove, change, or delete any publicly visible content to your profile (including any profile text or photos) if you have violated these Terms of Use or have used the Services in a manner that CRW regards as inappropriate in its sole discretion. You are solely responsible for the content, information, data, and any other service that you post, share, link, publish or transmit in any other form via the Services.
You are prohibited from accessing or using the Services:

In a manner that objectifies other users and reduces them to material value;
In abusive ways;
In violation of any law, regulation, or code;
In a manner that violates or infringes intellectual property rights, personal rights and any copyrights, trademarks, privacy or publicity rights of others; or
In a manner that is offensive, abusive, threatening, hateful or intimidating to other users or the CRW team.

You are prohibited from breaching the security or otherwise attempting to breach the security of the Services. This includes:

Investigating, scanning the system and network of its technical functions, engineering and coding the Services without the prior consent of CRW;
Accessing data or information via the Services that is not intended for public use or accessing accounts that belong to other CRW members;
Violating any security authentication barriers of the Services, including, but not limited to, the face identity check or income verification check;
Harming the Services by sharing/ uploading viruses or other potentially harmful code, sending mail bombs, flooding the system or trying to crash it;
Forging pictures or photoshopping them and other documents to disguise the true identity and nature;
Sending CRW unsolicited emails not being connected with our core product, including, but not limited to, shady business/service advertisements;

The following use of the Services also remains prohibited at all times:

Posting any incomplete, false, misleading, or inaccurate content about yourself and your profile;
Posting any objectionable content reduces the dignity of people and is abusive and harms other people;
Impersonating or otherwise misrepresenting an affiliation, connection or association with any person or entity;
Posting advertisements or solicitations of employment or business;
Using the Services to encourage, promote, facilitate, or instruct others to engage in illegal activity;
Stalking or otherwise harassing any other members or CRW employees or representatives;
Recruiting for pornography, escort sites, brothels or other morally objectionable business;
Harassing CRW employees;
Sending links or other materials that lead to explicit content or sites that contradict a genuine group connection experience;
Misusing the Services for affair dating, adultery, cheating, swinging, sugar dating and any other kinds of sexual-related purposes or non-genuine dating and connecting;
Using explicit, obscene, or sexual language on your profile or when messaging with other users;
Uploading threatening or disturbing images, as well as images that display guns or other weapons, including, but not limited to, pictures of hunting with a firearm or other weapon; and

You further undertake not to misuse the Services, in particular: Not to distribute immoral, obscene, nude, pornographic or radical political content or photos; Not to disseminate any defamatory, objectionable or otherwise illegal material or such information via the Services; Not to threaten, harass or violate any other person’s rights (including personal rights); Not to use Services in a harmful or unauthentic way, in particular using services that change your natural IP address or location or disguise your actual location, in particular when using VPN services while accessing CRW; Not to use the Services in a way that adversely affects the availability of offers for other customers; Not to intercept emails / messages; ; Not to upload photos with text, advertisements, or photos that are screenshots; Not to upload pictures that are regarded sexual, explicit, harassing etc.; and Not to mention names, addresses, telephone numbers, email addresses, social media accounts or payment accounts etc. in the personal description.

You agree never to harass, annoy, intimidate, or threaten any CRW staff or agents engaged in providing the Services. If we feel that your behaviour towards any of our staff or agents is threatening or offensive, we reserve the right to immediately terminate your membership and your access to and use of the Services. You will not be entitled to any refund of unused fees or In-App purchases.
CRW has the right to block your account to the Services without a refund if you have violated these Terms of Use, have used the Services in a manner that CRW regards as inappropriate, in its sole discretion, or have engaged in activities outside of the Services that CRW regards as inappropriate, in its sole discretion. If CRW blocks your account, you must cancel any auto-renewal by Section 8 of these Terms of Use.

CRW is not obligated to share a reason or explain underlying details to users when an account has been banned, blocked, suspended or terminated.

12. Ownership and Right to Access and User the Services

You understand and agree that CRW owns or has been licensed by third parties all rights, titles, and interests in and to the Services and the individual content contained therein. You understand and agree that the Services are proprietary to CRW and protected by applicable intellectual property and other proprietary rights, laws, and treaties. You acquire no ownership interest in the Services by accessing or using the Services.
Subject to these Terms of Use and your compliance with these Terms of Use, CRW now grants you a personal, non-exclusive, non-transferable limited license to access and use the Services solely for your personal, non-commercial, and internal use. All rights not expressly granted to you in these Terms of Use are reserved and retained by CRW.

13. Digital Millennium Copyright Act

CRW respects the intellectual property rights of others and requests that users of our Services do the same. If you believe that any content on any of our Services violates or infringes upon your intellectual property rights under the Copyright Act 1968 (Cth) and associated regulations, please provide a notice to the designated copyright agent (as set forth below) containing the following:

An electronic or physical signature of a person authorised to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit CRW to locate the material;
The address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right allegedly infringed.

14. No Criminal Background Checks or Other Background Checks

YOU UNDERSTAND THAT CRW DOES NOT AT THIS TIME CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS EXCEPT AS OTHERWISE OUTLINED IN THESE TERMS OF USE. CRW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. CRW RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORISE CRW TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. SUPPOSE CRW DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY. IN THAT CASE, YOU AUTHORISE CRW TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS OF USE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. CRW’S REGISTRATION PROCESS DOES NOT GUARANTEE YOUR SAFETY AND IS NOT A SUBSTITUTE FOR SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICES MAY RESULT FROM USERS ENGAGING WITH THE SERVICES FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOUR.

Though CRW strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Services or meet in person.

15. Disclaimers

CRW PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, CONCERNING OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

CRW DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE CURRENT, RELIABLE, OR SECURE, (B) OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, (C) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (D) THAT SERVICES OR ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. CRW SPECIFICALLY INDICATES THAT USER-GENERATED CONTENT SUCH AS PROFILE TEXT, IMAGES, MESSAGES BETWEEN USERS OR VIDEO CHATS ARE NOT ACTIVELY MONITORED. IT'S AT THE USER’S DISCRETION TO PARTICIPATE IN SPECIFIC CRW FEATURES. FURTHERMORE, CRW MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME, USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

CRW ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES CRW ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH CRW. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SERVICES' USE IS ACCESSED AT YOUR DISCRETION AND RISK. CRW IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, BUT WITHOUT LIMITED TO, DAMAGE FROM ANY SECURITY BREACH OR ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

16. Linked Websites

The Services may contain links to sites or social media platforms that are not affiliated with or under the control of CRW (the “Linked Websites”). Including a Linked Website on our Services does not imply our endorsement of the Linked Website. CRW is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. If you decide to access Linked Websites, you do so at your own risk. CRW disclaims any liability arising in connection with such Linked Websites and makes no representations or warranties concerning such Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites.

17. Third Party Materials

To the extent that any information, material, or functionality on the Services is provided by third-party content providers (“Third Party Materials”), CRW disclaims any liability arising in connection with such Third Party Materials. Therefore, any opinions, statements, products, services, or other Third Party Materials are those of the applicable third party. CRW does not represent or endorse the availability, accuracy, content, or reliability of any Third Party Materials or represent or warrant that your use of any Third Party Materials will not infringe the rights of third parties not owned or affiliated with CRW.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRW, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES IN CONNECTION WITH THE SERVICES; (III) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, OR (IV) OTHERWISE IN CONNECTION WITH THESE TERMS OF USE, OR THE SERVICES, EVEN IF CRW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRW’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO CRW FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST CRW, WHETHER STATUTORY, IN LAW OR EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION outlined in THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) concerning THE SERVICES AND THESE TERMS OF USE.

THE LIMITATION OF LIABILITY PROVISIONS OUTLINED IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL CONCERNING THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU AS DETERMINED BY APPLICABLE LAW.

19. Indemnity

You agree to indemnify, defend, and hold CRW, its affiliates, employees, officers, directors, licensors, or service providers from and against any lawsuits, damages, losses, claims, or other proceedings, and all resulting loss, damage liability, cost and expense (including attorneys’ fees) in connection with or that could arise from (1) content, data, or information that you submit, post to, or transmit through the Services, (2) your access to and use of the Services, (3) your conduct or interactions with other users of the Services, (4) your violation of these Terms of Use, or (5) your violation of any applicable law, regulation, or code, or your violation of any rights of another.

20. Communication

CRW may communicate via the in-app messenger system when logged in or via email (e.g., support, sending partner proposals, contract confirmation and invoices/reminders). You should not contact CRW by telephone, fax, or mail. For transparent authentication and protection against misuse, your messages should contain one of the following details so that we can assign you to your account, depending on what applies to you: Email address, Google Account email address, Apple ID email address, or the phone number you used to register with the Services. CRW sends all of its registered users messages of informational and promotional content. This can be within the Services (e.g., CRW News) or the linked email address or phone number in the form of emails or SMS messages,

21. Applicable Law

These Terms of Use are subject to the Federal Laws of Australia without regard to conflict of laws, principles, or rules, regardless of location. CRW does not participate in dispute settlement procedures before consumer arbitration boards. In this respect, there is no legal obligation.

22. Arbitration; Class Action Waiver; Claim Limitation

Except where prohibited by applicable law, the following shall apply:

EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, You and CRW AGREE that all DISPUTES, claims, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND CRW (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) will be resolved by FINAL AND BINDING arbitration BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND CRW EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. All DISPUTES, claims OR CONTROVERSIES within the scope of THESE TERMS OF USE must be arbitrated individually and not on a class or collective basis. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. You also give up the right to participate in class actions or other collective proceedings. By using the Services, you accept these terms OF USE and give up the right to bring or participate in a class action lawsuit against us.

BEFORE INITIATING THE ARBITRATION, THE INITIATING PARTY WILL PROVIDE NOTICE TO THE OTHER PARTY OF ITS CLAIM, AND THE PARTIES WILL HAVE SIXTY (60) DAYS TO NEGOTIATE AND ATTEMPT TO RESOLVE THE DISPUTE, AFTER WHICH TIME UNRESOLVED CLAIMS MAY PROCEED TO ARBITRATION BY THIS SECTION.

THE arbitration WILL BE conducted by The Australian Centre for International Commercial Arbitration (ACICA) by the 2021 ACICA Arbitration Rules and procedures THEN IN EFFECT and at the “Australian Centre for International Commercial Arbitration”. THE ARBITRATOR, AND NOT ANY COURT, SHALL have THE EXCLUSIVE AUTHORITY TO RESOLVE ANY dispute, claim, or controversy arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms of Use. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances. Arbitration proceedings will be conducted in a manner that preserves confidentiality. Unless you and CRW agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will follow the plain meaning of the relevant documents, which will be final and binding and may be entered by any court of competent jurisdiction after that. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statute, and the parties waive any right to recover such damages. Nothing in this section shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.

You and CRW will share the costs of arbitration equally concerning ACICA fees, provided that each party is solely responsible for its own attorneys’ fees and expenses. Notwithstanding the preceding, if you are an individual consumer, as defined by ACICA, you will have the right to an in-person arbitration hearing in your hometown area. CRW will be responsible for 100% of the costs and fees of the arbitration charged by ACICA after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its attorneys’ fees and costs).

Notwithstanding the preceding, if this Section is deemed unenforceable, you agree to exclusive jurisdiction in South Australia, Australia courts. You, at this moment, irrevocably consent to the personal jurisdiction of such courts and waive any claims that the venue is improper for any reason. Nothing in these Terms of Use will preclude CRW from seeking injunctive relief or other provisional remedy in a court of law.

Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms of Use or the Services must be commenced within one year after the cause of action arises.

23. Additional

23.1 CRW is entitled to commission third service providers and vicarious agents to provide parts or Services.

23.2 These Terms of Use constitute the entire agreement concerning your access and use of the Services.

23.3 You agree that you shall not contest the admissibility or enforceability of CRW’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms of Use.

23.4 Should a part of these Terms of Use become ineffective or unenforceable, the remaining content will remain in full force and effect. The statutory provisions also apply.

23.5 Any waiver of any provisions contained in these Terms of Use by CRW shall not be deemed a waiver of any other provision of these Terms of Use. All rights not expressly granted herein are reserved.

23.6 The parties agree the language of these Terms of Use is English.

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