GrowthBrief Marketplace Terms

GrowthBrief operates the GrowthBrief website, dashboards, verification processes, credit system and related marketplace services at growthbrief.com.au.

These terms apply alongside our Privacy Policy, any price, eligibility or promotion conditions shown at the point of purchase, and any additional terms we expressly agree with you in writing.

You must be at least 18 years old and legally able to enter a contract to use GrowthBrief.

• You must provide accurate, current and complete information and keep it up to date.
• You are responsible for protecting your login details and for activity performed through your account, except to the extent caused by our failure to use reasonable care.
• You must tell us promptly if you suspect unauthorised access, compromised credentials or incorrect account activity.
• One login may have both business and specialist access where GrowthBrief has linked both profiles to the same verified identity. The same obligations apply in each role.
• You must not create misleading accounts, impersonate another person, evade an account restriction or transfer an account without our written consent.

GrowthBrief provides technology and administration that allow businesses and specialists to find and communicate with each other. Unless we expressly agree otherwise in writing, GrowthBrief:

• is not the specialist and does not provide the specialist's quoted services;
• is not a party to the service contract between a business and a specialist;
• does not act as an employer, partner, joint venturer or agent of a user;
• does not set or collect the specialist's professional service fees; and
• does not guarantee that a brief will receive a response, that a specialist will be selected, or that an engagement will achieve a particular outcome.

Specialists are independent businesses responsible for their own quotes, advice, proposals, contracts, work, personnel, licences, insurance, taxes and service delivery.

When you submit or manage a brief, you must:

• have a genuine intention and authority to seek the described services;
• provide information that is accurate enough for specialists to assess the opportunity, including a genuine budget and timeline where requested;
• not submit unlawful, fraudulent, discriminatory, misleading, defamatory or infringing content;
• have the right to provide all information and files included in the brief and avoid unnecessary personal or confidential information;
• respond reasonably to specialists who unlock the brief and update or close the brief when it is no longer available; and
• independently assess each specialist, quote, proposed contract, credentials, insurance and suitability before engaging them.

Do not place direct contact details in fields intended for the pre-unlock brief preview. We may redact, hold, reject, close or flag a brief where necessary to protect users or the integrity of the marketplace.

When you apply for or use specialist access, you must:

• accurately describe your identity, business, experience, services, locations and availability;
• maintain all registrations, licences, qualifications, permissions and insurance reasonably required for the services you offer;
• review the visible brief details, budget, timeline, credit cost and remaining slots before unlocking;
• use unlocked information only to assess, respond to and manage the relevant opportunity;
• contact businesses professionally and not send spam, apply unreasonable pressure or misuse contact details;
• provide accurate quotes and clearly disclose scope, assumptions, exclusions, fees, taxes, timing and your own contract terms; and
• remain responsible for the quality, legality and delivery of any services you provide.

Specialist access is not transferable. Approval may be limited to particular services or areas and may be reviewed if profile information, conduct or marketplace risk changes.

GrowthBrief may verify email addresses and mobile numbers, assess specialist applications, review brief content, check duplicate indicators and apply moderation or fraud controls.

A "verified" brief means that the submission completed the checks shown by GrowthBrief at that time. An "approved" specialist means that GrowthBrief approved the profile for marketplace access based on the information and checks available at that time. These labels do not amount to a warranty, professional accreditation, comprehensive identity or background check, financial assessment, or endorsement.

Users must perform their own due diligence. We may request further information, manually review a decision or remove a label if information changes or appears inaccurate.

Approved specialists can browse eligible brief previews without charge. Unlocking a brief uses the displayed number of credits and gives the specialist access to the contact details, full brief information and files made available for that opportunity.

• The default public limit is three approved specialists per brief. GrowthBrief may set a lower limit for a particular brief.
• A brief automatically closes to new public unlocks when its limit is reached.
• An administrator may reopen a brief or change its limit where reasonably required, but the public limit will not exceed three unless the platform rules displayed to affected users are changed.
• Internal specialists count towards the public limit unless their assignment is marked admin-only and outside the public pool.
• Specialists who already unlocked a brief may retain access after the brief closes where needed to manage the opportunity.

An unlock is access to an opportunity, not a sale of the project and not a promise of work, exclusivity, response or revenue.

Specialists use GrowthBrief credits to unlock briefs. Current packs, prices, bonus credits, promotion limits and unlock costs are displayed before purchase or use.

• Prices are displayed in Australian dollars. Any GST treatment and total payable amount will be shown at checkout or on the relevant tax document.
• Stripe processes card payments. Credits are added after GrowthBrief receives confirmation of successful payment.
• Credits are a limited contractual right to use GrowthBrief features. They are not money, stored value, a financial product or property, and cannot be transferred, traded or redeemed for cash.
• Bonus, promotional, complimentary and administrator-issued credits may have additional eligibility or use conditions disclosed when issued.
• You must not initiate an unjustified chargeback. Contact us first so we can investigate a disputed payment.

Completed unlocks are generally final because the protected opportunity information is disclosed immediately. A specialist may request a credit return through the dashboard where, for example, the brief appears materially false, duplicated, unavailable or uncontactable. We assess requests reasonably using the brief, verification records, account activity and information supplied by the parties. A request does not guarantee approval.

Refunds for unused purchased credits or payment errors are assessed under applicable law and any conditions disclosed with the pack. Nothing in this section limits a refund, replacement, re-performance or other remedy you are entitled to under the Australian Consumer Law.

After an unlock, the business and specialist communicate directly. They are responsible for agreeing their own scope, deliverables, fees, payment schedule, intellectual property, confidentiality, variations, warranties, cancellation and dispute terms.

GrowthBrief does not approve quotes, hold project funds, supervise work or determine whether an engagement has been completed. A dashboard status such as "hired", "in progress" or "completed" is an administrative marketplace record and does not replace the parties' own contract.

Each party is responsible for its own tax, employment, contractor, work health and safety, licensing, insurance, privacy and record-keeping obligations.

You retain ownership of content you submit. You grant GrowthBrief a non-exclusive, worldwide, royalty-free licence to host, copy, process, redact, format, display and communicate that content only as reasonably required to operate, secure, promote and improve the marketplace and enforce these terms.

You confirm that you have all rights and permissions required to submit the content and grant this licence. You must not upload malware, executable attacks, unlawful material, third-party confidential information without authority, or content that infringes intellectual property or privacy rights.

GrowthBrief's software, design, branding, databases, documentation and original site content remain owned by or licensed to GrowthBrief. You may not copy, scrape, reverse engineer, republish or commercially exploit them except as allowed by law or with our written consent.

Reviews must reflect a genuine eligible engagement, be honest and be based on the reviewer's direct experience. Reviews must not be purchased, fabricated, manipulated, retaliatory, defamatory or submitted through a related account to improve your own reputation.

GrowthBrief may verify eligibility, moderate or remove content, prevent self-reviews, ask for supporting information and publish an aggregate rating. Moderation does not mean that GrowthBrief adopts or endorses a review. Where appropriate, we may give an affected user a reasonable opportunity to respond.

You must not use GrowthBrief to:

• break a law, court order, regulatory requirement or another person's rights;
• commit fraud, impersonate others or submit false verification information;
• harass, threaten, discriminate against or exploit another user;
• harvest data, send unsolicited marketing, sell unlocked details or use brief information for an unrelated purpose;
• interfere with security, probe for vulnerabilities, introduce malicious code, overload the service or access data without permission;
• automate access, scrape or replicate marketplace data without our written consent;
• manipulate credits, slot limits, verification, reviews, alerts, matching or other platform controls; or
• help another person do anything prohibited by these terms.

We may send communications required to provide the service, including verification codes, account access and security notices, payment confirmations, brief updates and marketplace activity. You cannot opt out of essential service communications while using the relevant feature.

Optional specialist brief alerts and marketing communications can be managed using account preferences or the unsubscribe method in the message. Australian spam and privacy laws apply to our electronic marketing.

GrowthBrief relies on third-party services for hosting, authentication, file storage, email, mobile verification, payments, address search, analytics and advertising. Their own terms and privacy policies may apply to their services.

We are not responsible for a third-party website, product or service merely because GrowthBrief links to or integrates with it. This does not limit our responsibility for selecting and managing service providers where required by law.

We aim to provide a reliable service but do not promise uninterrupted or error-free availability. Maintenance, security events, third-party outages, internet failures and circumstances outside our reasonable control may affect access.

We may improve, replace or discontinue features. If a material change adversely affects paid credits or an active service, we will give reasonable notice where practicable and provide an appropriate remedy where required by law.

You may stop using GrowthBrief at any time and may ask us to close your account, subject to records we must retain by law or reasonably need for disputes, security and completed transactions.

We may warn, restrict, suspend or terminate access where we reasonably believe it is necessary to address a breach, fraud, safety or security risk, unlawful conduct, non-payment, repeated complaints, misleading information or harm to the marketplace. We will act proportionately and, where appropriate and practicable, provide notice and an opportunity to respond.

We will consider the treatment of unused purchased credits at closure having regard to the reason for closure, these terms and applicable law. Provisions intended to operate after termination, including payment, confidentiality, intellectual property, disputes and liability provisions, continue to apply.

If you have a problem with GrowthBrief, contact us with your account email, relevant brief or transaction, and the outcome you seek. We will review the issue and aim to respond within a reasonable period.

A dispute about a specialist's quote, invoice, advice or service delivery is primarily between the business and specialist under their contract. We may provide marketplace records, restrict activity or facilitate communication, but we are not required to adjudicate the dispute.

Nothing prevents either party from seeking urgent relief, using an applicable tribunal or regulator, or exercising a right that cannot lawfully be restricted.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law where that law applies. Nothing in these terms excludes, restricts or modifies a consumer guarantee, statutory guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, where a guarantee applies to GrowthBrief's services and those services are not ordinarily acquired for personal, domestic or household use or consumption, our liability for failure to comply with that guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

The specialist supplying professional services may have separate obligations to the business under the Australian Consumer Law and other applicable laws. These terms do not remove those obligations.

Each user is responsible for its own acts, omissions, content, communications, decisions and contractual obligations. To the extent permitted by law, GrowthBrief is not liable for a specialist's work, quote, advice or conduct, a business's conduct or payment, or loss arising from a contract between users.

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when these terms were accepted. This does not apply to fraud, wilful misconduct, breach of confidentiality, infringement of intellectual property, payment obligations or liability that cannot lawfully be excluded.

You are responsible for loss reasonably suffered by GrowthBrief as a direct result of your unlawful conduct, negligent misuse of the platform or material breach of these terms, to the extent that you caused or contributed to that loss. We will take reasonable steps to mitigate our loss.

• Changes: We may update these terms to reflect legal, security, operational or product changes. We will publish the updated date and give reasonable notice of material changes. Changes do not retrospectively remove accrued rights.
• Assignment: You may not transfer this agreement without our written consent. We may transfer it as part of a genuine sale, restructure or transfer of the GrowthBrief business, with notice and without reducing your mandatory rights.
• Severability: If a provision is invalid or unenforceable, it is read down to the minimum extent necessary and the remaining provisions continue.
• No waiver: A delay in enforcing a right does not waive that right.
• Entire agreement: These terms and the documents expressly incorporated into them form the agreement about your use of GrowthBrief, subject to rights that cannot be excluded.
• Governing law: These terms are governed by the laws of Victoria, Australia and applicable Commonwealth laws. Subject to any right to bring a claim elsewhere under applicable law, the courts and tribunals of Victoria have non-exclusive jurisdiction.

Questions, complaints and legal notices about these terms can be sent to:

• Email: support@growthbrief.com.au
• Online: growthbrief.com.au/contact
• Postal correspondence: contact us to request our current postal address.