Menü
Last Updated: 11 September 2025.
Key terms that you should be aware of in accessing and using The Sites and The Sites Services are:
In these Terms of Use, DesignCrowd, Us, We, Our means DesignCrowd Pty Ltd ACN 127 272 315 of 2/44A Foveaux Street, Surry Hills, NSW 2010, Australia.
These Terms of Use govern your use of the websites at www.design.com/de-de, www.brandcrowd.com/de-de and any other replacement website (together, The Sites) and all services established and provided by Us through The Sites (The Sites Services). These Terms of Use must be read in conjunction with the ‘Service Terms and Conditions’ available at https://www.design.com/de-de/erstellen/rechtliches/dienstleistungsbedingungen, which describes The Sites Services (Service Terms and Conditions).
If there is any inconsistency between these Terms of Use and the Service Terms and Conditions, then the provisions of these Terms of Use will prevail to the extent of the inconsistency.
Capitalised terms used in these Terms of Use, are defined in clause 16.
Please read these Terms of Use and the Service Terms and Conditions carefully. Together they constitute the “Agreement” between Us and you.
You must be over 18 years of age to use The Sites and The Sites Services.
To access and use any of The Sites Services that require you to make a payment to use the service (Paid Services), you must register an account with Us (Your Account). Your Account must be set up in your legal name or the legal name of the organisation that you represent. You may only have one account. If you need to update any of your details on Your Account, you may do so at any time by contacting Us using the details below.
You are responsible for all activity made on The Sites or The Sites Services using Your Account, except where unauthorised access to Your Account has occurred due to Our fault. If you have lost or forgotten your password or believe that your password or access credentials may have been compromised, you can notify Us and We will seek to rectify as appropriate.
By registering Your Account on this website, you may be automatically registered on our affiliated websites located at: https://www.designcrowd.com.au/ and https://www.design.com/de-de or https://www.brandcrowd.com/de-de. You may close Your Account at these affiliated websites at any time by contacting Us using the details below.
By setting up Your Account and registering for The Sites Services, you agree for and on behalf of yourself and your organisation (as applicable):
to be bound by the terms of the Agreement; and
that you are representing, warranting and undertaking that you are authorised to act on behalf of your organisation (if applicable).
You are responsible for ensuring that We have accurate and up-to-date contact information for you, including your full name, postal address, telephone number and email address. We can be contacted at DesignCrowd Pty Ltd ACN 127 272 315 of Level 2/44A Foveaux Street, Surry Hills NSW 2010 Australia.
We offer certain services as part of The Sites Services that you are able to access and use without payment (Free Services). You may access and use the Free Services without registering an account with us.
For the avoidance of doubt, when accessing or using the Free Services, you are otherwise required to comply with all provisions of this Agreement.
The most recent version of the Terms of Use and the Service Terms and Conditions forming the Agreement will be posted on The Sites. We may amend the Agreement (including The Sites Services) at any time. If We believe, acting reasonably, that any change to these Terms of Use or the Service Terms and Conditions are material to you, We will, if you are a registered user of Our Paid Services, ask for your consent to be bound by the terms the next time you log into Your Account.
For Paid Services, the Agreement commences on the date on which you set up Your Account, and continues until Your Account is terminated by you or Us.
For Free Services, this Agreement commences on the date on which you access and use The Sites Services and continues for the duration of such use.
We may:
include (including after the termination of the Agreement) references to and/or use any of the Your Content, your name(s) and/or profile pictures on The Sites to promote The Sites Services (and your participation in it);
refuse to provide The Sites Services to you if We reasonably believe Your Content is capable of breaching your obligations under the Agreement; and
remove, block, not display and/or not store any of Your Content which We reasonably deem to be offensive or inappropriate or otherwise capable of breaching your obligations under the Agreement, regardless of whether this material is unlawful.
Without limiting paragraph (a), We may, but are under no obligation to, moderate or monitor your use of The Sites or The Sites Services including, without limitation, any of Your Content.
You must not (and must not permit others to) use The Sites or The Sites Services to:
publish, create or provide any material that is defamatory, offensive, harassing, indecent, abusive, menacing or threatening;
make available obscene, pornographic, sexually explicit material or provide links to such content;
publish or provide access to any content that is:
unsuitable for people under the age of eighteen (18) years old;
seeking to harm or exploit children;
selling or promoting illegal activities, products or services;
discriminatory or encouraging discrimination of any kind; or
promoting a risk or harm or loss or damage to people or property;
engage in misleading or deceptive conduct or act in a manner that is fraudulent in any way;
attempt to access data or collect or store personal information about other users of The Sites Services;
engage in any other conduct that inhibits any other person from using or enjoying The Sites or The Sites Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide The Sites or The Sites Services;
infringe the rights of any person, including any privacy or Intellectual Property Rights;
violate any applicable laws or use The Sites Services for any purpose that is illegal; or
engage in, or fail to engage in, any activity in a manner which will expose Us to any civil or criminal liability.
You must conduct virus scanning and other tests as may be necessary to ensure that any data that is downloaded from, or uploaded to, The Sites or The Sites Services does not contain any computer virus, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software. You are solely responsible for the backup of any files you upload, use or download in connection with The Sites Services.
You must pay to Us the Fees and any other charges as contemplated by the Agreement at the rates and/or in the manner specified and referred to at the point of purchase on The Site(s).
You must notify Us as soon as possible in respect of any changes to your billing and account information.
The Sites will specify the method and currency by which Fees are to be paid. All goods and/or services will be delivered by DesignCrowd Pty Ltd.
The Fees are exclusive of GST, VAT and other similar taxes (where applicable) imposed in connection with the supply of goods or services. Without limiting the foregoing, you are liable for any taxes, duties or charges imposed in respect of The Sites Services (other than taxes imposed on Our income). For the avoidance of doubt, if the effect of any tax, duty or charge applied to the Fees is to reduce Our revenue under the Agreement, the Fees will be grossed up such that Our revenue under the Agreement is not reduced. Where required, you commit to provide sufficient and accurate information for Us to be able to determine appropriate taxes. If a party is entitled under the Agreement to be reimbursed for any claim or loss incurred in connection with the Agreement, the reimbursement payment is not required to include any GST component of the claim or loss if that party is able to claim an Input Tax Credit (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) for that GST component.
Other than in respect of Your Content, right, title and interest (including all Intellectual Property Rights) in and to the Templates and The Sites Services and related content is retained by Us (or Our licensors) and nothing in the Agreement shall be construed as granting you any right, title and interest in and to any of Our Intellectual Property Rights or any other Intellectual Property Rights owned or controlled by Us, except as set out in the Service Terms and Conditions and this clause 8.
Where you have attained a licence to a New Work, the license terms are set out in the Service Terms and Conditions.
Where you use the Paid Services to create New Works without using or modifying the Templates (for instance, through professional designer support provided by Us as described on The Sites) such New Works will be your sole and exclusive property. For the avoidance of doubt, where Our designers provide services via a paid designer support service, this does not assign them any Intellectual Property Rights in the resulting New Works.
We grant you a non-exclusive, royalty-free license to access and use The Sites and The Sites Services for the Term.
You grant Us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, alter, amend, publish and display Your Content for the purposes of and reasonably incidental to the conduct and promotion of The Sites Services and your participation in it (including on The Sites and in any press, advertising, marketing or promotional material related to The Sites Services).
Without limiting clause 12, each party will immediately advise the other of any infringement or threatened infringement, unauthorised use, or attack or threatened attack on the validity of any Intellectual Property Rights owned by that party which may come to that party's attention, and provide to the other party such assistance as the other party may reasonably require in relation thereto.
You must procure from all persons who are authors of copyright material in Your Content, a grant of consent and waiver in respect of any Moral Rights which enable Us to exercise their rights under these Terms of Use.
You may share personal information with Us when you use The Sites and The Sites Services. By using The Sites and The Sites Services, you agree to let Us collect, store, use and share your personal information as outlined in Our privacy policy.
You warrant, represent and undertake that:
you have the right, power and authority to enter into the Agreement and grant the rights granted in this Agreement;
you will comply with all applicable laws in your performance of your rights and obligations under this Agreement;
none of Your Content infringes the Intellectual Property Rights or any other rights of any person and you own or have the necessary rights to grant the rights to Your Content and Intellectual Property Rights in accordance with clause 8;
Your Content is not the subject of any claim, demand, action or legal proceeding or to your knowledge any potential or pending claim, demand, action or proceeding;
when registering Your Account, you will use your full and correct name in creating your profile;
you have all necessary permissions from all individual(s), if any, appearing in Your Content (including a release signed by the individual(s), or if the individual is a minor, a release signed by the parent or legal guarding of the individual), and that you are not, and will not be, violating any obligations you owe to, or any rights of, any third party;
Your Content is not the subject of any claim, demand, action or legal proceeding or to your knowledge, any potential or pending claim, demand, action or proceeding;
Your Content is not misleading or deceptive and does not contain material that is obscene, illegal, offensive, defamatory or in any way unsuitable for people under the age of eighteen (18) years old; and
you are solely responsible for any third party payments or royalties payable in respect of Your Content and that all applicable royalties and license fees have been paid.
We warrant and represent that:
We have the right, power and authority to enter into this Agreement; and
We shall comply with all applicable laws in Our performance of Our rights and obligations under this Agreement.
Subject to paragraph (d), all guarantees, conditions, warranties, terms and conditions expressed or implied in relation to the supply of The Sites Services, The Sites or the Agreement are excluded to the fullest extent permitted by law.
Without limiting paragraph (a) and subject to paragraph (d), while We endeavour to provide a convenient and functional service, We do not guarantee that:
The Sites Services, The Sites or any content made available on such will meet your requirements or expectations;
the use of The Sites Services, The Sites or any content made available on such will be uninterrupted, timely, error free or virus free, or unable to be accessed by hackers, viruses or other harmful components;
that results that may be obtained from the use of The Sites Service, The Sites or any content made available on such will be accurate or reliable; and
any errors in The Sites Services, The Sites or any content made available on such will necessarily be corrected.
The Sites and The Sites Services may contain advertisements and links to websites operated by third parties. Third party links and advertisements are independently operated by the relevant third party and are not a recommendation or endorsement by Us. We are not responsible for and make no assurances in relation to the content of these third party advertisements or links including as to their accuracy, completeness, reliability or suitability or the products and services advertised for any purpose.
Our liability for any breach of any statutory guarantee or any condition, warranty or other obligation which is implied or imposed by law which cannot be excluded but can be limited, shall not exceed, if permitted by law, at Our option:
in the case of the supply of goods:
the replacement of the goods or the supply of equivalent goods; or
the repair of the goods; or
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; or
in the case of the supply of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
For the avoidance of doubt, nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law that protects the purchasers of goods and services in certain circumstances.
Subject to paragraph (d) and to the extent permitted by law, neither party will be liable for any loss of profits, anticipated savings, business, revenue goodwill, or for any consequential, special, indirect, or exemplary loss or damage whether based in contract, tort (including negligence), under statute or otherwise.
Subject to paragraph (d) and to the maximum extent permitted by law, Our maximum aggregate liability to you for all claims arising under or in connection with The Sites and The Sites Services, whether arising in contract, tort (including negligence) under statute or otherwise is limited to the greater of:
AUD$100; and
the applicable Fees in respect of the Service that gave rise to the relevant loss.
Nothing in this clause 11 limits or excludes a party's liability for fraud or wilful misconduct arising under the indemnities in clause 12.
Under this Agreement, you will be providing Us with Your Content and We will be providing you with the Templates, The Sites and The Sites Services. Each party (the Provider) agrees to provide the following indemnity to the other (the Recipient) in relation to Your Content (where you are the Provider) or the Templates, The Sites and The Sites Services (where We are the Provider) (the Provided Materials).
Subject to the remainder of this clause 12, the Provider will defend the Recipient against any loss, damage, liability, costs or expenses (including legal costs) suffered or incurred by the Recipient by a third party alleging that the Recipient's use of the Provided Materials in accordance with this Agreement infringes the Intellectual Property Rights of a third party (a Claim).
If any Claim is brought against the Recipient, the Recipient must:
notify the Provider as soon as practicable of the Claim;
give the Provider the option to conduct the defence of the Claim, including negotiations for settlement;
provide the Provider with reasonable assistance in conducting the defence of the Claim;
not make any admissions in relation to the Claim without the Provider's prior written consent;
permit the Provider to modify or replace the Provided Materials to make them non-infringing;
permit the Provider to obtain for the Recipient the right to continue using the Provided Materials; and
use its best endeavours to mitigate any damages the Recipient suffers as a result of the Claim.
The Provider is not liable under clause 12.2 to the extent that any failure by the Recipient to do so prejudices the Provider's ability to defend any Claim or causes the Recipient to suffer any additional damages.
We are not liable under clause 12.2 to the extent that the infringement arises from or in connection with:
modifications to the Template made by anyone other than Us;
use of the Templates, The Sites or The Sites Services for a purpose other than that for which they were supplied; or
compliance with any directions, information or specifications provided by you.
We may immediately suspend or disconnect Your Content or your access to any of The Sites or The Sites Services if:
your payment of undisputed Fees is not made in accordance with clause 7 (Fees); or
We reasonably believe you are in breach of any provision of this Agreement,
until the breach (if capable of remedy) is cured to Our reasonable satisfaction.
Where you are registered with Us for Paid Services, You may close Your Account and terminate the Agreement at any time on written notice to Us.
Where you use our Free Services, you may terminate the Agreement at any time by ceasing your access and use of our Free Services.
Where you are registered with Us for Paid Services:
We may close Your Account and terminate the Agreement at any time on written notice to you if We have reasonable grounds to suspect that you may be guilty of any dishonesty or serious misconduct in relation to your use of The Sites Services;
We may close Your Account and terminate the Agreement by written notice to you where you are in breach of the Agreement and (if capable of remedy) you have not cured that breach within 15 days of notice by Us to you to so remedy;
any amounts paid to Us up to and including the date of termination will not be refundable;
if the Agreement is terminated you must immediately pay to Us all outstanding amounts owing to Us under the Agreement as at the date of termination; and
if Your Account on one of The Sites is closed then We may close your account on the other of The Sites.
Where you use Our Free Services, We may terminate this Agreement at any time and for any reason.
Termination of your Agreement will not extinguish or otherwise affect any accrued rights or remedies of either party. The following clauses continue to apply after termination: Clauses 1.1, 5(a), 6, 8 to 16 (inclusive).
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 sitting in New South Wales, Australia.
A party must not commence any arbitration or court proceedings relating to a dispute unless it has complied with the provisions of this clause, except where a party seeks urgent injunctive relief.
If there is a dispute arising out of or in connection with The Sites or these Terms of Use, then:
the party raising the dispute must first notify the other party in writing of the dispute, and provide sufficient detail to enable the dispute to be considered;
the parties must discuss or enter into correspondence about the dispute and attempt to resolve it; and
if the dispute is not resolved within 14 days of when the dispute was first notified, then the dispute is to be resolved in accordance with paragraph (d) and (e).
If you are an Australian resident or a company incorporated in Australia, then any dispute or arising out of or in connection with The Sites or these Terms of Use will be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.
If you are not an Australian resident or a company incorporated outside of Australia, then:
any dispute arising out of or in connection with The Sites or these Terms of Use will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the Rules) by one arbitrator appointed in accordance with the Rules;
the place of arbitration will be Sydney, Australia;
the language of the arbitration will be English; and
any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to do so including the enforcement of any arbitration award in accordance with the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
Except as described in clause 3 these Terms of Use may only be varied in writing signed by or on behalf of each party.
We may assign, novate or otherwise transfer any or all of Our rights or obligations under the Agreement in connection with a sale of all or part of Our business or for the purposes of internal reorganisation. Otherwise, you must not assign, novate or otherwise transfer your rights or obligations under the Agreement without Our prior written consent.
All notices must be in writing and addressed to the relevant party at the address as provided pursuant to the Agreement.
Each party must take all steps as may be reasonably required by the other party to give effect to the terms of the Agreement and transactions contemplated by the Agreement.
This Agreement supersedes all previous agreements, understandings, negotiations, representations or warranties and contains the entire agreement between the parties with respect to its subject matter. However, nothing in the Agreement limits or excludes any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of the Agreement, where such liability cannot be lawfully excluded (which may include liability under section 18 of the Australian Consumer Law).
A failure or delay to exercise a right, power or remedy does not prevent its further exercise. No waiver of a right, power or remedy under the Agreement is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted.
The rights of a party under the Agreement are in addition to and do not exclude or limit any other rights or remedies provided by law.
If any provision of the Agreement is held to be invalid, illegal or unenforceable, the Agreement will continue in full force and effect apart from such provision which will be taken to be deleted to the extent it is invalid, illegal or unenforceable.
In the Agreement:
'Agreement' has the meaning given in clause 2(a).
'Australian Consumer Law' means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
'Confidential Information' means the confidential information of a party which relates to the subject matter of the Agreement which is not already in the public domain through no breach by the recipient of its obligations of confidentiality owed to the discloser.
'Fees' means the fees payable for using The Sites Services, as set out on The Site at the time of purchase.
'Free Services' has the meaning given in clause 2.3(a).
'GST' means applicable goods and services tax or any similar tax.
'Intellectual Property Rights' means all industrial and intellectual property rights including, but not limited to, copyright, trade marks, patents, circuit layouts, designs and confidential information and know how.
'Moral Rights' means moral rights within the meaning of Part IX of the Copyright Act 1968 (Cth) and any analogous rights arising under statute that exist, or may come to exist anywhere in the world.
'New Work(s)' means designs, artwork, photographs, text, websites, copy and other works created by the Client using The Sites Services, including modified Templates.
'Paid Services' has the meaning given in clause 2.2(a).
'Professional Designer Support' means the paid custom design services including but not limited to professional designer support or web design support services.
'Service Terms and Conditions' has the meaning given in clause 1.
'Template(s)' means template designs, text, copy and other works owned by Us and made available on The Sites.
'Term' means the duration of your Agreement, as specified in clause 4.
'Terms of Use' has the meaning given in clause 1.
'The Sites' has the meaning given in clause 1.
'The Sites Services' has the meaning given in clause 1.
'Your Account' has the meaning given in clause 2.2(a).
'Your Content' means all content and materials uploaded, provided, submitted or created by you or on your behalf to The Sites or otherwise in connection with The Sites Services, including, for the avoidance of doubt, where you modify any Template, including making any addition or amendment of any kind to any logos, designs, images, documentation, written and/or audio-visual content, music, recordings, photographs, illustrations, information or specifications made available on The Sites.
'VAT' means Value Added Tax or any similar tax.
The following rules of interpretation apply to the Agreement unless the context requires otherwise:
headings are for convenience only and do not affect interpretation;
the singular includes the plural and conversely;
a gender includes all genders;
where a word or phrase is defined its other grammatical forms have a corresponding meaning;
the words 'such as', 'including', 'particularly' and similar expressions are not used as nor are intended to be interpreted as words of limitation;
a reference to a person includes a body corporate, an unincorporated body or other entity and conversely;
a reference to a clause or schedule is to a clause or schedule to these Terms of Use;
a reference to any party to the Agreement or any other agreement or document includes the party's successors and assigns;
a reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, where applicable, in accordance with the Agreement or that other agreement or document;
a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it; and
a reference to conduct includes any omissions, statement or undertaking, whether or not in writing.