Effective 11 August 2026
These Terms of Use govern access to and use of the Looksee website, the CrowdSwell platform and our creator marketing services. They apply to brands, agencies, agency partners and influencers. Please read them carefully.
1.1 These Terms of Use govern your access to and use of the Looksee website, the CrowdSwell platform, and the services we provide (together, our “Services”).
1.2 By using, accessing or submitting any material to our Services, you accept these Terms of Use in full. You must not use our Services if you do not agree with any part of them.
1.3 Your engagement with Looksee is conditional on your acceptance of these Terms of Use. Each time you use our Services, you agree to be bound by them.
1.4 We may update these Terms of Use from time to time. We will post the current version on our website and, where the change is material, take reasonable steps to notify registered users before it takes effect. Your continued use of the Services after a change takes effect constitutes acceptance of the updated Terms of Use. If you do not agree with a change, you must stop using the Services.
1.5 If we reasonably suspect that an influencer, brand or agency is not complying with these Terms of Use, we may (in addition to our other rights) cancel the relevant campaign, suspend or remove the party from the Services, and recover any compensation and reasonable costs to which we are entitled.
In these Terms of Use, unless the context requires otherwise:
Account a registered account on the Looksee website or CrowdSwell platform, or a brand or influencer social media account linked to our Services.
Agency an authorised third party organisation acting on behalf of a brand or an influencer.
Agency Partner an advertising, creative, media, social, PR or other agency that engages Looksee to deliver Services on a white-label basis for that agency’s own clients.
Application any Looksee or CrowdSwell app, or any third party app we use to deliver the Services.
Brand any person or entity, or its authorised agents or representatives, that uses the Services to promote its products or services.
Budget the sum a brand or agency partner nominates it is willing to spend on a campaign.
Campaign an influencer marketing, content only, seeding, paid amplification, UGC, affiliate, live-shopping, event attendance or other marketing activity delivered through the Services.
Channels the social media platforms and online communities on which content is published, including Instagram, TikTok, YouTube, Facebook, LinkedIn, X, Twitch, Snap and Pinterest.
Confidential Information information disclosed by one party to another that is marked confidential or that a reasonable person would understand to be confidential, including campaign data, pricing, strategy, creator lists, platform data and the existence and terms of an Agency Partner arrangement.
Content a Post, Paid Content or any other material produced by a brand or influencer.
Content Licence a licence from Looksee to a brand for particular Paid Content, on the terms stated in the relevant insertion order or content licence agreement.
Content only campaign a campaign in which influencers create or source Paid Content for a brand to use directly, without publishing it on the influencer’s own channels.
CrowdSwell / the Platform Looksee’s proprietary software platform and any associated tools, dashboards, tracking and reporting made available as part of the Services.
Fee the cost payable by a brand to Looksee for an approved Campaign, Post or Content.
GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Influencer a person who creates and distributes Posts or Content and receives compensation, whether monetary or other, for doing so, and includes their authorised agent.
Influencer Identity the name, image, likeness, character and online persona of an influencer.
Influencer marketing campaign a campaign in which influencers create and publish brand-sponsored Content to their social media followers.
Insertion order the document (including an insertion order, media schedule, booking form, work order or service order) that sets out the details, deliverables and fees of a Campaign.
Intellectual Property Rights all present and future intellectual property rights anywhere in the world, whether or not registered or registrable, including rights in copyright, inventions, patents, trade marks, service marks, trade names, domain names, designs, confidential information and know-how, and the right to apply to register any of them.
Laws all applicable laws, regulations, codes of practice and regulatory guidance relating to advertising and influencer marketing in Australia, including the Australian Consumer Law and the AANA Code of Ethics.
Looksee, we, us, our Goulash Enterprises Pty Ltd (ACN 632 691 037) trading as Looksee International.
Paid Content content created by an influencer in response to a campaign or creative brief and supplied to Looksee or a brand rather than posted on the influencer’s own channels.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Post a social media post created by an influencer for a Campaign and published on their channels.
Privacy Policy Looksee’s privacy policy, as updated from time to time, a copy of which is available on request by contacting collaborations@looksee.com.au.
Rights Fee the fee stated in an insertion order payable by a brand to Looksee for a Rights Licence in respect of approved Paid Content, plus any applicable GST.
Rights Licence a licence from Looksee to a brand for particular Paid Content, on the terms stated in the relevant insertion order or licence agreement.
Services the Looksee website, the CrowdSwell platform, and the marketing and related services we provide.
Subscription a paid plan giving a brand or agency access to the CrowdSwell platform on a self-service or managed basis.
Third Party Material any material included in a Post or Paid Content that is owned by or licensed from a third party, including music, personality or talent rights, and any associated use limitations.
User, you, your a brand, agency, influencer or influencer agent that uses the Services.
White-Label Services Services delivered by Looksee for an Agency Partner and presented to that agency’s clients under the agency’s own brand.
3.1 In these Terms of Use, brands, agencies and influencers are collectively and individually referred to as “users”, “you” or “customer” as the context requires.
3.2 Looksee works with brands and influencers to create marketing and content campaigns, including in the following ways:
(a) for influencer marketing campaigns, a brand approves a sponsored Post created by the influencer, and the influencer publishes it via their social media channels;
(b) for content only campaigns, a brand approves Paid Content created by the influencer and acquires the right to use that Content in accordance with a Rights Licence or Content Licence; and
(c) through the CrowdSwell platform, brands and agencies may plan, run, track and report on campaigns on a managed or self-service basis.
3.3 Brands are solely responsible for reviewing and approving their Looksee campaigns.
3.4 Brands are responsible for payment of Looksee campaign fees. Any costs associated with accessing and using the Services remain your responsibility.
3.5 No Content constitutes a representation by Looksee, and we do not accept liability for the legality, validity, accuracy or suitability of any campaign delivered by influencers or brands through the Services.
3.6 If you have any questions about a campaign, including your rights to reproduce Content, you must direct them to Looksee, or, if we advise, to the relevant influencer or brand.
3.7 You agree that Looksee is not responsible for, and does not endorse, any campaign delivered through the Services, and has no obligation to pre-moderate, monitor, edit or remove sponsored Content from influencer channels.
3.8 Brands agree that we are not responsible for the conduct of any influencer in connection with the Services.
3.9 If your campaigns breach these Terms of Use, you bear legal responsibility for that breach.
3.10 Nothing in these Terms of Use creates a partnership, agency, employment or fiduciary relationship between Looksee and any user, except where we expressly act as agent to facilitate payment.
3.11 Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferable licence to access and use the Services as anticipated by these Terms of Use.
4.1 Influencers, brands and agencies agree not to:
(a) negotiate terms or payments with each other outside of Looksee in respect of a campaign introduced or facilitated by us;
(b) within six months of a Looksee campaign, negotiate terms or payments for a new campaign with a counterparty introduced through Looksee outside of Looksee. If you do, we reserve the right to charge a fee and seek compensation;
(c) decompile, reverse engineer, disassemble or convert, or authorise any third party to do so, any element of the Services or of any third party technology used by Looksee;
(d) resell, rent, lease, lend, transfer, distribute or republish any element of the Platform, website, Services or commercial material to any third party;
(e) use any data mining, robots, scraping, crawling, caching or similar data gathering or extraction methods in relation to the Services;
(f) defeat, disable or circumvent any security feature of the website, Platform or Services;
(g) register, subscribe or unsubscribe any party to any product or service without that party’s authority; or
(h) without our specific written approval, sell, license, lease or otherwise seek to commercialise any component of the Services or Platform.
4.2 Our website and sales collateral may contain links to sites we do not control (“linked sites”). We provide those links for convenience only, do not endorse the linked sites, and accept no responsibility for their content, quality or reliability.
4.3 Looksee uses social media networks to deliver the Services. By using the Services you agree to comply with the terms of the relevant social media platform. You consent to Looksee accessing information you have shared with social media platforms and contacting you in accordance with the permissions you have granted.
4.4 Looksee is not sponsored, endorsed or administered by, or associated with, any social media platform. You agree to release and hold harmless each social media platform and its associated companies from any claims arising from your use of the Services. Any complaint about the Services must be directed to us and not to any social media platform.
5.1 To access certain Services you must register an Account and provide accurate, current and complete information. You must keep that information up to date.
5.2 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify us promptly of any unauthorised use or suspected breach of security.
5.3 You must be at least 18 years old to open a brand or agency Account. Influencer eligibility is dealt with in clause 8.
5.4 You must not share, sell or transfer your Account, or allow any unauthorised person to use it.
5.5 We may suspend or disable an Account where we reasonably believe it has been compromised, is being used in breach of these Terms of Use, or where required by law.
6.1 Subject to these Terms of Use and payment of any applicable Subscription or campaign fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use CrowdSwell for your internal business purposes.
6.2 You must not use the Platform to store or transmit unlawful, infringing or harmful material, to interfere with its operation or security, or to build a competing product or service.
6.3 As between you and Looksee, we and our licensors own all rights in the Platform, including its software, design, and any improvements. You own the campaign inputs and Content you lawfully provide, subject to the licences granted in these Terms of Use.
6.4 Data and reporting generated through the Platform (including aggregated and de-identified performance and benchmarking data) may be used by Looksee to operate, improve and promote the Services, provided we do not disclose your Confidential Information or Personal Information other than as permitted by these Terms of Use and the Privacy Policy.
6.5 We aim to keep the Platform available but do not warrant uninterrupted or error-free operation. We may perform maintenance, and may modify, suspend or discontinue features from time to time.
7.1 For influencer marketing campaigns, once a Post has been approved by a brand, you must publish it to the intended channel in the manner and at the time set out in the campaign booking form.
(a) Once approved, you must not edit a Post before publishing it.
(b) You are solely responsible for publishing Posts to your channels.
7.2 For content only campaigns, you must not share the Paid Content to your own channels or elsewhere.
7.3 You must provide accurate financial details, including your nominated bank account, whether you are registered for GST, and your ABN. You must notify us of any change to your GST status or bank details, and you are responsible for the accuracy of your nominated account.
7.4 Payment for a campaign is conditional on you fully performing and completing all campaign deliverables in accordance with the creative brief, the campaign booking form and these Terms of Use, and on the relevant Post or Paid Content being published or delivered and approved. Where you do not complete the deliverables, or you breach these Terms of Use, we may (acting reasonably) withhold payment in full, or reduce it to reflect the deliverables actually completed and approved. No payment is due for deliverables that are not completed.
7.5 We will pay you into your nominated bank account, on behalf of the brand, by electronic funds transfer approximately seven working days after we receive cleared payment from the relevant brand. No amounts other than the agreed Post fee or Paid Content fee (plus GST if applicable) are payable. We will issue a recipient created tax invoice or accept your tax invoice as agreed.
7.6 The relevant brand is solely liable for payment of the fees for a campaign. Looksee facilitates payment on behalf of brands and, while we may remit payment to you, we do not accept liability for the underlying obligation to pay. You agree not to pursue Looksee for non-payment by a brand, and this clause is a bar to any such proceedings.
8.1 Sponsored Posts and Paid Content must comply with these Terms of Use and any additional requirements set out in the campaign creative brief, the campaign deliverables, or advised at the time content is submitted for approval.
8.2 Content that does not comply with the approved guidelines may not be accepted or approved.
8.3 Influencers must clearly disclose their commercial relationship with the brand, in a way that is clear to an ordinary consumer, for example by using #ad, #sponsored or tagging the brand, consistent with the AANA Code of Ethics and ACCC guidance.
8.4 We may, but are not obliged to, review and monitor influencers’ disclosure practices.
8.5 Influencers must not misrepresent the size of their audience or their engagement, and must obtain followers organically and not through buying likes or followers or other deceptive means.
8.6 For each Post or Paid Content you submit or publish, you warrant that:
(a) you are aged 18 or over; or you are aged 16 to 17 and have your parent or legal guardian’s consent to participate;
(b) if your Content features a child aged 16 or under, you are the parent or legal guardian of that child, or you have obtained the verified consent of their parent or legal guardian, or the necessary licence and permission to feature the child;
(c) you own the Intellectual Property Rights in the Content and have the right to license or sell it to Looksee and the brand as set out in these Terms of Use;
(d) the Content does not infringe the privacy, contract or other rights (including Intellectual Property Rights) of any person;
(e) the Content does not misrepresent that you or any entity has an approval or sponsorship it does not have;
(f) any opinions expressed are genuinely held by you, and all statements about the brand or its products are true and correct;
(g) the Content is original, has not been previously published, and does not infringe any third party rights;
(h) any Third Party Material (including music or talent rights) and any associated use limitations have been fully disclosed to us and the brand, and you have obtained all necessary licences so that use of the Content will not infringe any third party rights or give rise to a liability to pay compensation;
(i) if you belong to a guild, union or industrial organisation, you have no arrangement that would prevent you from complying with these Terms of Use;
(j) you will promptly make any reasonable modification requested by us or the brand, and if you publish an incorrect Post you will promptly publish the correct approved Post;
(k) you will remove an approved Post from your channels promptly if we or the brand reasonably request, failing which your fee may be reduced or withheld; and
(l) any public relations announcement about a campaign will be agreed by Looksee and the relevant influencer and brand before publication.
9.1 We may reject campaigns, brands or influencers that do not comply with these Terms of Use.
9.2 Every campaign has a fee and you must not negotiate payment outside the Services. Any attempt to circumvent Looksee by dealing outside the approved insertion order, media schedule, booking form, Platform booking fee, Content Licence or Rights Licence may result in removal from the Services and a claim for compensation.
9.3 Brands and agencies will not deny payment to Looksee for campaign services delivered.
9.4 We will make reasonable efforts to pay influencers within seven business days of receiving cleared payment from the relevant brand or agency, unless the influencer has breached these Terms of Use.
9.5 Your right to use a Post or Paid Content is strictly limited to the use set out in the agreed insertion order, work order, Rights Licence or Content Licence. To use it in any other way, you must contact Looksee first, and additional fees may apply.
9.6 If a brand or agency fails to pay campaign or licence fees, we may terminate the campaign and licence, and the brand must immediately cease use of the relevant Content.
9.7 Brands, agencies and influencers warrant that they own or are licensed to use the product, service or Content they engage Looksee to promote, will not misrepresent an approval or sponsorship, and will comply with any use limitations on Third Party Material.
9.8 Influencers are independent third parties and are not controlled by Looksee. Published Content may attract negative comment, which is outside our control, and the brand is solely responsible for deciding whether Content is appropriate to it.
9.9 If any Content becomes subject to an actual or threatened claim of infringement, the brand and the relevant influencer must promptly remove it from all channels and cease using it.
9.10 We make no warranty as to the commercial success of any campaign, Post, channel or promotion.
9.11 Once an insertion order is signed or platform booking fee confirmed, the brand or agency is liable for the campaign fees. If a brand requests cancellation after signing, a reasonable cancellation fee may apply, calculated to cover costs and commitments we have made to campaign partners.
9.12 Looksee has final say over whether any Content is approved. We may, in our absolute discretion, approve, decline, require changes to, edit, or remove any Content or Post, whether before or after publication, including where a brand has already approved it. Our decision is final.
9.13 A brand, advertiser or agency is taken to have booked and committed to a campaign, is bound by these Terms of Use, and is liable for the campaign fees, once it confirms the campaign in writing or via the Platform when approving creators and setting a campaign live. Written confirmation includes any email, or any message by Slack, WhatsApp or a similar messaging service, that approves the campaign or instructs us to proceed, and a signed insertion order is not required. Once confirmed, the booking is locked in and the cancellation terms in clause 9.11 apply.
Brands, agencies, influencers and their agents acknowledge that:
10.1 neither Looksee nor influencers are required to purchase any of the brand’s products or services;
10.2 a brand may send an influencer a sample product, and an influencer may request one, but the brand is not obliged to provide it;
10.3 Looksee is not responsible for late delivery or non-arrival of any product sent to an influencer;
10.4 addresses provided by influencers are not verified by Looksee;
10.5 all product reviews must reflect the influencer’s genuinely held beliefs;
10.6 where a product is sent to an influencer, there is no guarantee it will be returned; and
10.7 nothing in these Terms of Use grants a brand any ownership rights in Looksee’s Intellectual Property Rights.
11.1 All Intellectual Property Rights in a sponsored Post remain vested in the influencer. Nothing transfers ownership of the Post to Looksee or the brand unless agreed in writing.
11.2 In return for payment for each sponsored Post, the influencer grants Looksee and its agents:
(a) the right to edit, re-format and adapt the Post into other formats for our use; and
(b) a royalty-free, perpetual, worldwide, irrevocable, non-exclusive, transferable licence to use the Post and the Influencer Identity and performance to market and promote Looksee and the Services across all paid, owned, social and earned media, without further consent or compensation.
11.3 In return for payment for each sponsored Post, the influencer grants the relevant brand:
(a) the right to organically share, comment on and re-post the Post on the channel where it was published, for 30 days from first publication; and
(b) the right to use the Influencer Identity and performance in the Post and to communicate the Post to the public.
11.4 The brand is not required to remove any Post, or any comment, share or re-post of a Post, from its channels.
11.5 To the extent permitted by law, the influencer consents to Looksee and the brand modifying the Post notwithstanding the influencer’s moral rights, and waives their moral rights and performer’s rights in each Post.
12.1 Content only campaigns allow influencers to sell created Content without posting it to their own channels.
12.2 On accepted payment of the Paid Content fee, all Intellectual Property Rights in the Paid Content are assigned to Looksee on the terms of the booking form. The assignment is absolute, worldwide and for all uses, including re-assignment or licensing to any person (including a brand), the making of modifications and derivative works, and release in any medium. You must, on request, execute all documents necessary to give effect to the assignment.
12.3 You must not share Paid Content to your own channels or publish it in any way, including re-posting or commenting on it after Looksee or a brand has posted it.
12.4 To the maximum extent permitted by law, the influencer irrevocably waives all moral rights in the Paid Content and consents to Looksee and its successors, licensees and assigns using, reproducing, editing or adapting it, whether alone or combined with other material. “Moral Rights” means moral rights within the meaning of Part IX of the Copyright Act 1968 (Cth) and any analogous rights anywhere in the world.
13.1 You must perform your obligations and provide Posts or Paid Content in accordance with the agreed creative brief, agreed campaign deliverables and booking form.
13.2 You are not an employee of Looksee or any brand. We are not obliged to pay, or entitled to recover, any amount for annual leave, superannuation, withholding or income tax, workers compensation or similar.
13.3 You release Looksee, the brand and their agents, employees, successors and licensees from any claim arising from the portrayal or depiction of you in a Post that you have approved, including claims for privacy, publicity, false light or defamation.
13.4 Looksee does not guarantee that a Post will be successful or that any Content will be approved by us or a brand.
As an influencer, you agree not to:
14.1 delay publishing an approved Post beyond the agreed date and time;
14.2 reduce the prominence of a sponsored Post by posting other content to the same channel for at least six hours after publication;
14.3 edit an approved Post before or after publication, other than as permitted by these Terms of Use;
14.4 parody, disparage or make fun of the brand or its products or services;
14.5 create any content that detracts from, dilutes or undermines a Post, the brand or its products or services;
14.6 grant any further rights in a Post to a brand without Looksee’s written permission;
14.7 in connection with a campaign, contact, communicate with, solicit, accept work from, or negotiate or deal directly with the relevant brand or its advertising, media or other agency, during the campaign and for six months after it completes, other than through Looksee. All campaign communications must go through Looksee. Any attempt to circumvent Looksee may result in removal from current and future campaigns and a claim for compensation; or
14.8 publish, post or share, or encourage any other person to publish, post or share, any complaint, grievance or disparaging or negative statement about a campaign, a brand, the Services or Looksee, on any social media channel or in any public forum. If you have a concern or complaint about a campaign, you must raise it with Looksee directly using the contact details in clause 31, and not air it publicly.
14.9 You acknowledge that these restraints are reasonable and necessary to protect the legitimate interests of the brand and Looksee.
15.1 Brands may use the Services to run influencer marketing campaigns and content only campaigns.
15.2 You must not instruct, coerce or manipulate an influencer to hide the commercial relationship between you. Doing so may result in immediate removal from the Services.
15.3 Your use of any Post or Content is conditional on payment of the campaign fees, and only in accordance with these Terms of Use and any Rights Licence or Content Licence.
15.4 If you use the Services on behalf of a brand, you warrant that you are authorised to do so and accept these Terms of Use on that brand’s behalf.
15.5 These Terms of Use do not alter any Rights Licence or Content Licence you hold with Looksee. To the extent of any conflict, the Rights Licence or Content Licence prevails. Together they form the agreement between you and Looksee.
15.6 For content submitted by influencers for content campaigns, you grant Looksee and its agents a royalty-free, perpetual, worldwide, irrevocable, non-exclusive, transferable licence to use the Content to market and promote Looksee and the Services, without further consent or compensation.
15.7 For influencer marketing campaigns, you grant the relevant influencer and Looksee a royalty-free, perpetual, worldwide, irrevocable, non-exclusive, transferable licence to post, share, comment on and re-post the Content as part of an approved Post.
15.8 We may set minimum campaign spends for brand campaigns.
15.9 We may cancel, suspend, restrict or terminate a campaign if we reasonably believe you are not using the Services fairly and reasonably, are not treating influencers fairly and reasonably, or are using the Services other than as intended.
16.1 Where Looksee delivers White-Label Services for an Agency Partner, Looksee acts as the agency’s undisclosed supplier. Unless agreed in writing, Looksee will not be identified to the agency’s clients and will not contact the agency’s clients directly in connection with the White-Label Services.
16.2 The Agency Partner remains responsible to its own client for the client relationship, for the accuracy of what it presents to the client, and for its own fees and billing arrangements with the client.
16.3 The commercial terms of each White-Label engagement (including fees, scope and payment terms) are as agreed in the relevant insertion order or Agency Partner Agreement.
16.4 The Agency Partner must not, during the engagement and for six months afterwards, solicit or contract directly with any influencer, supplier or Looksee personnel introduced through the Services, other than through Looksee.
16.5 Each party must keep the existence and terms of the White-Label arrangement, and the other party’s Confidential Information, confidential in accordance with clause 21.
17.1 All campaigns have fees, which are set out in campaign schedules, insertion orders, platform booking confirmation, work orders or as otherwise advised by Looksee in writing. You are responsible for paying those fees.
17.2 Where a campaign is booked through the Platform, a separate booking form or insertion order is not required. Once you approve the selected creators and set a campaign live on the Platform, whether on a self-service or managed-service basis, you are taken to have booked and committed to that campaign, and you must pay the total amount booked in the live campaign. That amount is payable by the brand or agency in accordance with these Terms of Use, whether or not a separate booking form, insertion order or work order is issued.
17.3 Looksee is a cost of goods service and is non-commissionable. No agency rebates are given.
17.4 Fees paid to Looksee against an invoice are allocated to the relevant campaign as a credit for use in that campaign.
17.5 Unless otherwise agreed in writing, payment terms are 14 days from the date of invoice for both brands and advertising agencies.
17.6 You may request an invoice, and you must provide a purchase order or written approval (including by email) of the campaign in return for our insertion order or work order.
17.7 You authorise Looksee to make reasonable enquiries to assess your creditworthiness. Any credit terms we offer may be varied at our discretion on written notice.
17.8 If you pay by credit card or electronic payment provider, you warrant that you are authorised to use the card or account and that it will cover the charges. We may charge a card surcharge, carry out a pre-authorisation check, and debit the campaign fee when an approved Post is published or approved Content is provided.
17.9 If you do not pay on time, we may charge a late payment fee of 10% per annum (but no less than $10 per month) on overdue amounts, recover reasonable costs of collection, withdraw credit facilities, and suspend or terminate your access to the Services or any current campaigns.
18.1 Unless otherwise stated, amounts payable under these Terms of Use are exclusive of GST. If GST applies to a supply, the supplier may recover from the recipient an additional amount for GST, calculated at the current rate. Terms defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning here.
Influencers, brands and agencies warrant that:
19.1 all information you provide is true, accurate, complete and not misleading;
19.2 any linked social media account is your own, or you are authorised to represent and access it;
19.3 you are authorised to submit campaign material as intended; and
19.4 no Content you submit will be illegal, infringing, obscene, discriminatory, harassing, defamatory, misleading or deceptive, contain malware, involve spam, solicit personal information for unlawful purposes, or otherwise breach any Laws or applicable industry code.
20.1 Looksee handles Personal Information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy, which forms part of these Terms of Use.
20.2 By using the Services you consent to us collecting, using and disclosing your Personal Information as described in the Privacy Policy, including to deliver campaigns, process payments, and provide reporting and tracking (such as unique links, promo codes and analytics).
20.3 Where you provide us with Personal Information about another person (for example a colleague or a person featured in Content), you warrant that you are authorised to do so and that they have been made aware of our Privacy Policy.
20.4 You must comply with the Privacy Act and the Spam Act 2003 (Cth) in your own handling of any Personal Information you receive through the Services.
20.5 You acknowledge that you use the website, Platform and Services at your own risk. We take reasonable steps to protect the information we hold from misuse, interference, loss, and unauthorised access, modification or disclosure, but no method of electronic transmission or storage is completely secure, and to the extent permitted by law we do not guarantee absolute security and are not liable for any loss, damage or harm arising from any unauthorised access to, or leak, theft, interception or disclosure of, data or Personal Information. You are responsible for keeping your Account credentials confidential and for all activity under your Account, and you must notify us promptly of any suspected breach of security.
20.6 Nothing in clause 20.5 limits any obligation we have, or any right you have, that cannot be excluded by law, including our obligations under the Australian Privacy Principles and the Notifiable Data Breaches scheme.
21.1 Each party must keep the other party’s Confidential Information confidential, use it only for the purposes of the Services, and not disclose it except to personnel and advisers who need to know it and are bound by equivalent obligations, or where required by law.
21.2 This clause does not apply to information that is or becomes public through no fault of the receiving party, or that the receiving party already lawfully held.
21.3 This clause survives termination.
22.1 If you believe Content available through the Services infringes your rights, you may notify us at the contact details in clause 31 with details of the Content, your rights, and your contact information.
22.2 We may remove or disable access to Content that is the subject of a complaint, and may require the relevant user to remove it, without deciding the merits of the complaint.
22.3 We may suspend or remove a user who repeatedly infringes third party rights.
23.1 Each brand, advertiser, agency and influencer agrees to indemnify and hold harmless Looksee, its related bodies corporate, personnel and agents from any claims, liabilities, damages, losses and expenses (including reasonable legal fees), including any third party claim, arising out of or connected with:
(a) your Content or your access to or use of the Services;
(b) a claim you make against a brand or an influencer;
(c) a claim that your Content infringes a third party’s rights;
(d) your breach of these Terms of Use, or of any warranty or covenant you give;
(e) a third party claim arising from your breach of these Terms of Use; or
(f) your breach of any applicable Laws or any misrepresentation by you.
23.2 Your liability under this clause is reduced to the extent that our negligence or breach caused the loss.
24.1 When using the Services you may be exposed to Content that is inaccurate or objectionable. To the extent permitted by law, we are not liable for any Content or for any loss arising from your use of Content made available through the Services.
24.2 To the extent permitted by law, our total liability to a brand in connection with these Terms of Use, on any basis, is limited to the amount paid by that brand for its most recent campaign.
24.3 To the extent permitted by law, we are not liable to influencers for damages arising from their use of the Services.
24.4 To the extent permitted by law, we are not liable for any indirect, special, incidental, consequential, punitive or exemplary damages (including loss of profit, revenue or goodwill) arising from the Services or these Terms of Use, whether in contract, tort, negligence or otherwise, even if advised of the possibility.
24.5 To the extent permitted by law, we are not liable for any loss, damage, cost or harm of any kind arising from or connected with the Services, a campaign or these Terms of Use, including any unsuccessful, poor or negative campaign result, any loss of sales, profit, revenue, opportunity or goodwill, any reputational harm, and any negative publicity, comment or backlash directed at a brand or influencer.
24.6 Nothing in this clause limits liability that cannot be limited by law, including under the consumer guarantees in the Australian Consumer Law.
25.1 Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, or any liability for death or personal injury caused by our negligence or for fraud.
25.2 Subject to clause 25.1, the Services are provided on an “as is” and “as available” basis, and to the extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure.
25.3 Subject to clause 25.1, you use the Services at your own risk, and to the extent permitted by law we are not responsible for any loss or damage arising from your use of the Services.
25.4 Subject to the consumer guarantees, where we are liable for a failure to comply with a consumer guarantee for services, our liability is limited (at our option) to re-supplying the services or paying the cost of re-supply, and for goods, to replacement, repair or the cost of doing so, unless it is not fair or reasonable for us to rely on this limitation.
26.1 All material provided through the Services is protected by applicable laws, including copyright and trade mark law, and may not be used except as permitted by these Terms of Use. Nothing transfers ownership of Looksee’s Intellectual Property Rights to any user.
26.2 All rights in Looksee’s brands, logos, images, code, layout, text and Content displayed through the Services (the “Brand Features”) are and remain the property of Looksee. We grant you a limited, non-exclusive licence to use the Brand Features only to the extent necessary to use the Services.
27.1 These Terms of Use apply while you access or use the Services.
27.2 We may suspend or terminate your access to the Services, or a campaign, on notice if you breach these Terms of Use, fail to pay, or where required by law, and immediately where the breach is serious or cannot be remedied.
27.3 You may stop using the Services at any time. Termination does not affect accrued rights or obligations, including payment obligations and licences already granted.
27.4 Clauses that by their nature should survive termination (including clauses 11 to 14, 20 to 26, and 28 to 30) survive.
28.1 If a dispute arises in connection with these Terms of Use, the party raising it must notify the other in writing setting out the dispute.
28.2 The parties must then attempt to resolve the dispute in good faith within 20 business days, including through a meeting of senior representatives.
28.3 If the dispute is not resolved, either party may pursue its rights, including through the courts. This clause does not prevent a party from seeking urgent interlocutory relief.
29.1 Neither party is liable for any delay or failure to perform (other than a payment obligation) caused by an event beyond its reasonable control, including natural disaster, outage, changes to a social media platform, industrial action or government action.
29.2 The affected party must take reasonable steps to mitigate. If the event continues for more than 30 days, either party may terminate the affected campaign on notice.
30.1 If the Services cannot run as planned for reasons beyond our reasonable control, or if a social media platform changes its terms or access in a way that affects the Services, we may cancel, modify or suspend the Services at our discretion, acting reasonably.
30.2 These Terms of Use are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.
30.3 These Terms of Use prevail over and take precedence over any other terms, conditions, communications or documents, including any purchase order, standard terms, booking form or other document a brand, advertiser, agency or influencer seeks to introduce, and any inconsistent term has no effect, unless Looksee expressly agrees otherwise in writing.
30.4 These Terms of Use are the entire agreement between you and Looksee and supersede any prior agreement on their subject matter.
30.5 You may not assign your rights or obligations without our prior written consent. We may assign, novate or transfer our rights and obligations, including in connection with a sale or reorganisation of our business, on notice to you.
30.6 A waiver of any provision is only effective if in writing and signed by Looksee. If any provision is unenforceable, it is to be read down or severed to the extent necessary, without affecting the rest.
30.7 You consent to receiving notices and other communications from us electronically, including by email and through the Platform, and agree that electronic communications satisfy any legal requirement that a communication be in writing.
You may contact Looksee at:
Goulash Enterprises Pty Ltd (ACN 632 691 037) trading as Looksee International
2.06/13-15 Wentworth Ave, Sydney NSW 2010, Australia
Tell us about your brand and we'll be in touch within 24 hours to set up a 30-minute walkthrough.