BrandSnob Terms of Use

Terms of Use effective from May 20, 2019.

Welcome to BrandSnob. We created the BrandSnob marketplace as a simple way for brands to collaborate with influencers. Here are our terms of use ("Terms"), contact us here if you have any other questions.

 

User Agreement: BrandSnob

BrandSnob owned by Burst2Life Pty Ltd ACN 160 267 836 ("BrandSnob", "we" or "us") operates an online marketplace ("BrandSnob Services") allowing users (“User” or “You”) to connect, negotiate and book social media collaborations (“Collaboration Services”) through BrandSnob's iPhone application or any other platform we may introduce in the future ("BrandSnob Platform").

PLEASE READ THESE TERMS in conjunction with our Privacy Policy and the Service Fee Schedule (collectively the "AGREEMENT") carefully before using the services offered by BrandSnob.

Use of the BrandSnob Platform or use of the BrandSnob Services confirms that You agree to be bound by this Agreement.

1. SCOPE OF BRANDSNOB SERVICE

  • 1.1 BrandSnob provides a platform for connecting brands who are looking for Collaboration Services ("Brands") with social media influencers willing to provide Collaboration Services ("Influencers").

  • 1.2 A reference to User in this agreement includes Brands, Influencers and any other person that visits or views the BrandSnob Platform.

  • 1.3 A User creates an account with BrandSnob when s/he validly completes a registration form on the BrandSnob Platform.

  • 1.4 BrandSnob provides the platform only. Apart from enabling Brands to find and book Influencers to collaborate with on social media, BrandSnob accepts no liability for any aspect of the Brands and Influencers interaction, including but not limited to the description of services, and the performance of these services by the Influencer. BrandSnob has no obligation to assist or involve itself in any way in any dispute between a Brand and an Influencer.

  • 1.5 All information related to services to be performed is supplied by BrandSnob Users (Influencers and Brands). BrandSnob reserves the right to review, approve or verify any User provided information prior to publication on the BrandSnob Platform.

  • 1.6 You expressly agree that BrandSnob has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Influencers and Brands), including, but not limited to, the ability of Influencers to provide services, or the honesty or accuracy of any information provided by Brands or the Brands' ability to pay for the services requested.

 

2. BRANDSNOB SERVICE DESCRIPTION

  • 2.1 The BrandSnob Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the BrandSnob Service may be separately described on the BrandSnob Platform.

  • 2.2 A Brand looking to collaborate with Influencers on a social media campaign (1) creates an account with BrandSnob and (2) creates an accurate and complete campaign brief describing the Collaboration Services required ("Campaign Brief"). Campaign Briefs will be reviewed by BrandSnob before active publication on the BrandSnob Platform. Campaign Briefs are subject to further terms set out for Making and Accepting Offers below.

  • 2.3 A Brand may either create a campaign that offers product or services in exchange for social media collaborations ("Gifting Campaign") or a campaign that offers payment in exchange for social media collaborations ("Paid Campaign"). BrandSnob may contact the Brand on their registered email address to ask any additional question they deem necessary to clarify any campaign details. BrandSnob may at it's sole discretion choose not to approve a campaign.

  • 2.4 An approved Influencer (with a minimum of 10,000 followers on Instagram) looking for brand collaborations (1) creates an account with BrandSnob and (2) reviews Campaign Briefs uploaded by Brands.

  • 2.5 If an Influencer desires to offer their services to a Brand in exchange for payment or product/services, the Influencer must make an offer in response to the Campaign Brief ("Offer"). By making an Offer the Influencer confirms that s/he is legally entitled to and capable of supplying the Collaboration Services described in the Campaign Brief. Offers are subject to further terms set out for Making and Accepting Offers below.

  • 2.6 If a Brand in any way updates a Campaign Brief after it has been published on the BrandSnob Platform and before an offer has been accepted, then BrandSnob may, at its discretion, cancel all Offers for that Campaign Brief that were made prior to the update and recommence the offer process.

  • 2.7. Once an Influencer has made an Offer to a Brand, the Brand can communicate privately with the influencer using the BrandSnob private messaging service. Each time a BrandSnob User receives a message from the BrandSnob messaging service, a notification may be sent to the User via their currently active communication channel.

  • 2.8 After receiving an Offer, if a Brand wishes to negotiate the price or services the Influencer is offering, the Brand can send a message asking the Influencer to update their Offer using the functionality of the BrandSnob Platform.

  • 2.9 The Influencer is able to update the Offer price or included services being provided to the Brand by selecting 'Update Offer' within the BrandSnob platform. If the Offer is for exchange of product only then any changes to the services being delivered by the Influencer can be specified in the messaging system. 

  • 2.10 If the Brand accepts an Influencer's Offer for a Paid Campaign by using the functionality within the BrandSnob Platform, the Brand will pay the agreed price into the payment facility escrow account through the integrated PayPal service ("Escrow Account"). 

  • 2.11 Where the Brand accepts an Offer for a Paid Campaign and the Brand pays the agreed price into the Escrow Account, or where the Brand accepts an Offer for a Gifting Campaign and agrees to provide the Influencer product or services, then the Brand and the Influencer will be deemed to have entered into a separate contract under which the Brand agrees to purchase, and the Influencer agrees to provide the Brand with the Collaboration Services ("Campaign Contract").

  • 2.12 The terms of the Campaign Contract incorporate the terms of this Agreement (to the extent they apply to the Brand and the Influencer) and any additional terms and conditions agreed between the Brand and the Influencer, including the description and price of the Collaboration Services to be provided and any product being provided in exchange for services. You agree not to enter into any contractual provisions in a Campaign Contract that conflict with this Agreement. The terms of this Agreement incorporated into a Campaign Contract take priority over any other terms agreed between a Brand and an Influencer to the extent of any inconsistency.

  • 2.12 The Influencer must provide the Collaboration Services to the Brand in accordance with the Campaign Contract, unless the services or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.

  • 2.13 Once an Influencer has provided the Collaboration Services requested by a Brand in accordance with the Campaign Contract, the Influencer must provide notice that the job is complete by using the BrandSnob Platform functionality. It will be material breach of this Agreement and the Campaign Contract if an Influencer provides notice that a job is complete for a particular Campaign Brief without having provided the relevant services.

  • 2.13 Once an Influencer has provided notice that the job is complete relating to a Campaign Contract, the Brand will be sent a notification letting them know the job has been completed. Where the job is for a Paid Campaign the brand will be prompted to release funds to that Influencer. The Brand is required to release funds within 48 hours using the functionality provided within the Platform unless they wish to raise a dispute regarding the delivery of the Campaign Contract. Upon the Brand releasing funds, the agreed price will be paid from the Escrow Account to the Influencer within 48 hours, after the deduction of the relevant fees set out in the Service Fee Schedule and described in Fees below ("Influencer Service Fee").

  • 2.14 Once a transaction is concluded, a Brand is able to message the Influencer to request further collaboration and Influencers are able to submit a new Offer to the Brand using the functionality of the BrandSnob Platform.

  • 2.15 To facilitate product promotions by the Influencer, the BrandSnob Platform will where applicable provide Brands with the shipping address of the Influencer, so the Brand’s products/goods can be sent to that location. The BrandSnob Platform will only display an Influencer’s shipping address to the Brand after the Brand has accepted an Offer on the BrandSnob Platform. Brands and Influencers should never disclose personal details such as their phone numbers or email addresses in Campaign Briefs or in any private communication on the BrandSnob Platform.

  • 2.16 If the Influencer is unable to complete a Job, or if the Brand and the Influencer mutually agree to cancel the Campaign Contract, then the Influencer will return any product received as part of the collaboration back to the Brand or alternatively negotiate with the brand to purchase the goods. Where the Influencer fails to complete the Job, or decides to cancel the Job, it will be their responsibility to pay for the shipping costs to send the product back to the Brand. 

 

3. PAYMENT, REFUNDS, PRODUCT RETURNS AND CREDIT

  • 3.1 Where a Brand pays an agreed price for Collaboration Services into the Escrow Account in respect to an Accepted Offer ("Job Payment") that Job Payment will be used to pay the Influencer and BrandSnob in accordance with this Agreement. If that payment cannot be made for any reason the Job Payment moneys will be handled in accordance with this clause 3.

  • 3.2 If the Brand and the Influencer mutually agree to cancel the Campaign Contract or if, following reasonable attempts by a Brand to contact an Influencer to perform the Campaign Contract, BrandSnob is satisfied that the Job Payment should be refunded and there is no dispute between the Brand and the Influencer, then BrandSnob will refund the Job Payment back into the Brand's nominated account.

  • 3.3 If, for any reason, the Job Payment cannot be transferred or otherwise made to the Influencer or the Brand (as the case may be) or no claim is otherwise made for a Job Payment, the Job Payment will remain in the Escrow Account until paid or otherwise for up to three months from the date the Brand initially paid the Job Payment into the Escrow Account.

  • 3.4 Following the 3 months referred to in clause 3.3 and provided there is still no dispute in respect of the Job Payment the Job Payment will be automatically converted into BrandSnob credit and credited to the relevant Brand or Influencer ("Holder"). The credit will be to the account of the Brand except where the Influencer has claimed the Campaign Contract has been completed but for whatever reason the Job Payment was not able to be transferred.

  • 3.5 BrandSnob Credit held by the Holder may only be used in the purchase of Offers via the BrandSnob Platform in accordance with this Agreement. BrandSnob Credit:

    • (a) can be used by the Holder to pay for Influencer offers on the BrandSnob Platform;

    • (b) is not refundable or redeemable for cash;

    • (c) expires 12 months from the last date the BrandSnob credit is issued by BrandSnob (whether by operation of clause 3.4 or any other means)

 

4. PAYMENT FACILITY AND ESCROW ACCOUNT

  • 4.1 BrandSnob may use a related entity or a third party service provider such as PayPal to provide payment services acting as a payment facilitator and escrow agent on behalf of the Brands and Influencer ("Escrow Provider").

  • 4.2 By buying or selling Collaboration Services using the BrandSnob Services You hereby consent and authorise BrandSnob and the Escrow Provider to share any information and payments instructions You provide with one another and, to the extent required to complete your transaction, with any other third party service provider(s). BrandSnob confirms that the services offered by the Escrow Provider are Third Party Services and subject to further terms set out for Third Party Services below.

 

5. THIRD PARTY SERVICES

  • 5.1 BrandSnob may from time to time include on the BrandSnob Platform links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by BrandSnob.

  • 5.2 Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the BrandSnob Platform as a convenience to our Users who may find the Third Party Services of use.

  • 5.3 If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider.

  • 5.4 BrandSnob makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our BrandSnob Platform, please let us know of any issue that You experience using a Third Party Service by contacting us here.

 

6. IDENTITY VERIFICATION

  • 6.1 BrandSnob may include information to help BrandSnob Users to verify the identity of other BrandSnob Platform Users ("Identity Verification"). This information may include: integration with social networking sites such as Instagram, Facebook and SnapChat, mobile phone verification technology, verification of payment information, a "Review" feature (allowing a User of the BrandSnob Service to post a reference on the BrandSnob Platform endorsing another User).

  • 6.2 You agree that BrandSnob Identity Verification may not be fully accurate as all BrandSnob Services are dependent on User-supplied information and/or information provided by third parties.

  • 6.3 BrandSnob Platform Users are solely responsible for identity verification and BrandSnob accepts no responsibility for any information provided as part of BrandSnob Identity Verification.

  • 6.4 The BrandSnob Platform may also include a User-initiated review and feedback system to help other Users evaluate BrandSnob User(s).

  • 6.5 The BrandSnob processes used for Identity Verification may be modified at any time.

 

7. ELIGIBILITY TO REGISTER

  • 7.1 A BrandSnob account can only be created in the name of an individual or a brand.

  • 7.2 To create an account and use the BrandSnob Services You must be able to form legally binding contracts under applicable law. BrandSnob Services are only available to persons under 18 years of age where that person is being represented by their parent or legal guardian. If You do not qualify to use the BrandSnob Services, You must not use the services.

  • 7.3 While You are registered with BrandSnob You must maintain control of your BrandSnob account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).

  • 7.4 At its absolute discretion, BrandSnob may refuse to allow any person to register or create an account with BrandSnob or cancel or suspend any existing account.

 

8. USER'S OBLIGATIONS

  • 8.1 You agree that at all times:

    • (a) You will comply with this Agreement (including all BrandSnob Policies) and all applicable laws and regulations;

    • (b) You will post only accurate information on the BrandSnob Platform;

    • (c) You will promptly and efficiently perform all your obligations to other BrandSnob Users under a Campaign Contract and to BrandSnob under this Agreement;

    • (d) all content (whether provided by BrandSnob, a User or a third party) on the BrandSnob Platform may not be used on third party sites or for other business purposes without BrandSnob's prior permission; and

    • (e) You will ensure that You are aware of any laws that apply to You as a Brand or an Influencer, or in relation to any other way(s) that You use the BrandSnob Platform.

  • 8.2 You must not use the BrandSnob Platform for any illegal or immoral purpose.

  • 8.3 You grant to BrandSnob an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the BrandSnob Platform for the purpose of including that material and information on the BrandSnob Platform and as otherwise may be required to provide the BrandSnob Service, for the general promotion of the BrandSnob Service and as permitted by this Agreement.

  • 8.4 Any information posted on BrandSnob Platform must not, in any way whatsoever, be potentially or actually harmful to BrandSnob or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by BrandSnob. Without limiting any provision of this Agreement, any information You supply to BrandSnob must be up to date and kept up to date and must not:

    • (a) be false, inaccurate or misleading or deceptive;

    • (b) be fraudulent or involve the sale or promotion of counterfeit or stolen items;

    • (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

    • (d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

    • (e) be defamatory, libellous, threatening or harassing;

    • (f) be obscene or contain any material that, in BrandSnob's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;

    • (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any BrandSnob Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.

  • 8.5 You must have the right to purchase or provide Collaboration Services under a Campaign Contract. You must comply with your tax obligations in relation to any payment received under a Campaign Contract.

  • 8.6 An influencer should be transparent with their followers when they have been paid, incentivised or in any way rewarded to endorse, promote, or review a product or service. This means that posts reviewing, promoting or otherwise endorsing products or services, which have been published in exchange for ‘payment’ (i.e. money, gifts, loans of products or other incentives) should make clear their commercial content or purpose. 

  • 8.7 When You enter into a Campaign Contract using the BrandSnob Platform You create a legally binding contract with another BrandSnob User, unless the transaction is prohibited by law or by this Agreement (including the BrandSnob Policies). If You do not comply with your obligations to another BrandSnob User under a Campaign Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not BrandSnob - are responsible for enforcing any rights that You may have with that User.

  • 8.8 If BrandSnob determines at its sole discretion that You have breached any obligation under this clause 8, it reserves the rights to remove any content, Campaign Brief or Offer You have submitted to the BrandSnob Service or cancel or suspend Your account.

 

9. FEES

  • 9.1 Registering and creating and account with BrandSnob is free. There is no charge for Influencers to review content on the BrandSnob Platform, including making Offers on Campaign Briefs.

  • 9.2 BrandSnob charges Brands a monthly All Access Membership Fee allowing them to post as many campaigns and book as many influencers as they like on the BrandSnob Platform. ("Membership Fee") as set out Section 22 - Service Fee Schedule. Brands receive a Free 7 Day Trial after sign-up, starting at the time they create their first campaign. After 7 Days the Membership Fee will be automatically charged to their credit card. The brand may cancel their membership at anytime through the BrandSnob Platform or by contacting BrandSnob support.  

  • 9.3 BrandSnob charges the Influencer a small fee for each Campaign Contract. The Influencer agrees that the Influencer Service Fees as set out in Section 22 - Service Fee Schedule will be deducted from the agreed fee and paid to BrandSnob (or its nominee).

  • 9.4 The Influencer Service Fees will be deducted and paid to BrandSnob when the agreed price is released from the Escrow Account to the Influencer.

  • 9.5 To be clear, Influencer Service Fees will be calculated only on the amount that the Influencer agrees to charge the Brand to provide the Collaboration Services.

  • 9.6 If an Influencer agrees to incur additional costs as part of delivering a Campaign Contract, the Influencer is solely responsible for having those costs reimbursed by the Brand. BrandSnob will not be responsible for obtaining any reimbursement from a Brand. We advise Influencers not to agree to incur any additional costs for a Brand in advance of payment by the Brand, unless the Influencer is confident that the Brand will reimburse the costs promptly.

  • 9.7 BrandSnob may from time to time change the Membership Fee or Influencer Service Fees and the terms applying to their payment. Any change relating to the Membership Fee or Service Fees is effective fourteen (14) days after BrandSnob notifies You of that change by sending a message to your BrandSnob account.

  • 9.8 BrandSnob may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your BrandSnob account.

  • 9.9 All fees and charges payable to BrandSnob are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).

  • 9.10 Once the 14 Day Trial period has finished the Membership Fee will be charged and is non-refundable. The Brand is able to cancel their Membership at any time.

  • 9.11 No fees will be charged where a refund is issued to a Brand due to an Influencer failing to adequately complete a Campaign Contract.

  • 9.12 Where a Brand requests a refund in relation to a Campaign Contract, for no other reason other than change of mind, convenience, or due to a change in their financial circumstances, BrandSnob will charge a 10% processing fee. This fee is used to cover the charges BrandSnob incurs from our payment provider as well as the time taken to manage the refund(s). 

  • 9.13 If BrandSnob introduces a new service on the BrandSnob Platform, the fees applying to that service will be payable as from the launch of the service and will also be "Service Fees" under this Agreement.

  • 9.14 Where an Influencer is supplying services, the Influencer must not charge a Brand Service Fees on top of the agreed price for the Services under the Campaign Contract.

 

10. POSTING A CAMPAIGN BRIEF AND MAKING OFFERS

  • 10.1 A Campaign Brief must include the following details in order to be accepted by BrandSnob:

    • (a) Campaign Details: a Campaign Title and Campaign Overview;

    • (b) Snob Preferences: the gender and location of the Influencers they want to collaborate with;

    • (c) Featured Product: a description and the value of the product to be promoted;

    • (d) Content: The type of content required (photos, videos or stories), together with any photo and video guidelines.

    • (e) Tags and Caption: The specific tags, mentions and caption to be used by the influencer as part of their social media post; and

    • (f) Post Duration: The preferred duration of the social media post.

  • 10.2 Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.

  • 10.3 As well as the mandatory details mentioned in paragraph 10.1, a Brands may choose to specify additional terms that s/he wants to apply to the transaction

  • 10.4 A Brand must describe the Collaboration Services required accurately and include all terms that You want to apply, as well as any information required by law. You must have the legal right to use any content that You post. BrandSnob may, in its sole discretion, remove any Campaign Brief for any reason.

  • 10.5 Prior to the Brand accepting an Offer from an Influencer, any additional communications required between a Brand and the Influencer should be made within the BrandSnob Platform’s messaging system. All Users of the BrandSnob Platform must not disclose any private contact details such as full name, phone number or email address within the Campaign Brief or messaging system. BrandSnob reserves the right to cancel or suspend any account where it deems a User is encouraging another User to complete a transaction outside of the BrandSnob Platform.

  • 10.6 In making an Offer, an Influencer agrees to provide the relevant Collaboration Services as per the Post Schedule and the terms and conditions specified in the Campaign Brief (unless the Influencer and the Brands agree to vary the Post Schedule or the terms and conditions in the course of negotiations, in which case the Influencer must provide the Collaboration Services in accordance with the agreed schedule and terms and conditions).

  • 10.7 Once a Brand accepts an Influencer's Offer in accordance with clause 2.10 and 2.11, no further negotiations are permitted on the BrandSnob Platform in relation to the provision of the relevant Collaboration Services. If, after the Brand accepts an Offer from an Influencer, the Influencer and Brand wish to negotiate on price or schedule for completion (for example, where Brands is not satisfied with the Influencer's performance) they may use the BrandSnob private messaging system. BrandSnob does not take any responsibility for the outcome or resolution of any dispute between a Brand and Influencer, however reserves the right to hold or make payment to either party based on assessing all of the information available to BrandSnob at the time of the dispute.

  • 10.8 If a BrandSnob User, Influencer or Brand wishes to complain about any comment made on the BrandSnob Platform, please either use the "Report" function available from time to time on the BrandSnob Platform, or email BrandSnob using the contact information on the BrandSnob Platform.

  • 10.9 A Brand may choose not to accept any Offer received and is not required to accept the lowest Offer. Brands may withdraw any Campaign Brief at any time prior to accepting an Offer from an Influencer in accordance with clause 2.6.

  • 10.10 A BrandSnob User or Influencer has no obligation whatsoever to make an Offer on any Campaign Brief.

11. FEEDBACK

  • 11.1 BrandSnob is entitled to suspend or terminate your account at any time if BrandSnob, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other BrandSnob Users.

  • 11.2 To continue to improve our BrandSnob Platform, please let us know of any issue that You experience using a Third Party Service by contacting us here.

 

12. LIMITATION OF LIABILITY

  • 12.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law BrandSnob specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any service supplied), arising out of or in any way connected with any transaction between Brands and Influencers.

  • 12.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, BrandSnob specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the BrandSnob Platform.

  • 12.3 Except for liability in relation to a breach of any Non-excludable Condition, BrandSnob's liability to any User of this service is limited to the total amount of fees paid by that User to BrandSnob as part of the Campaign Contract in which the incident occurred causing liability of BrandSnob.

  • 12.4 BrandSnob's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to one of resupplying, or paying the cost of resupplying Collaboration Services in respect of which the breach occurred.

 

13. DEFAULT IN TRANSACTIONS

  • 13.1 If You, as an Influencer or Brand, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to BrandSnob's rights under this Agreement (including any BrandSnob Policy) to suspend (temporarily or indefinitely) or terminate any User's account, You may be in breach of your obligations to both BrandSnob and the Influencer or Brand with whom You are transacting under a Campaign Contract.

 

14. PRIVACY

  • 14.1 BrandSnob's Privacy Policy, which is available here, applies to all Users and forms part of this Agreement. Use of the BrandSnob Platform confirms that You consent to, and authorise, the collection, use and disclosure of your personal information in accordance with BrandSnob's Privacy Policy.

  • 14.2 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party You must review and agree to their terms of service including their privacy policy.

 

15. NO WARRANTY

  • 15.1 Except for liability in relation to any Non-excludable Condition, the BrandSnob service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.

 

16. MODIFICATIONS TO THE AGREEMENT

  • 16.1 BrandSnob may modify this Agreement and/ or the Policies (and update the BrandSnob pages on which they are displayed) from time to time. BrandSnob will send notification of such modifications to your BrandSnob account. You should check that account regularly.

  • 16.2 Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the BrandSnob Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.

  • 16.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your BrandSnob account and stop using the BrandSnob Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any BrandSnob Policy cannot be amended except in writing signed by You and BrandSnob.

 

17. NO AGENCY

  • 17.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind BrandSnob, its related entities or affiliates in any way whatsoever. BrandSnob confirms that all Third Party Services that may be promoted on the BrandSnob service are provided solely by such Third Party Service providers. To the extent permitted by law, BrandSnob specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.

 

18. NOTICES

  • 18.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to BrandSnob's contact address as displayed on the BrandSnob Platform, or to BrandSnob Users' contact address as provided at registration. Any notice shall be deemed given:

    • (a) if sent by email, 24 hours after email is sent, unless the Brand or Influencer is notified that the email address is invalid or the email is undeliverable, and

    • (b) if sent by pre-paid post, 7 Business Days after the date of posting, or on the 14th Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.

    • (c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.

 

19. MEDIATION AND DISPUTE RESOLUTION

  • 19.1 BrandSnob encourages You to try and resolve disputes (including claims for refunds) with other BrandSnob Users directly and in a fair and polite manner. Accordingly, You acknowledge and agree that BrandSnob may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.

  • 19.2 BrandSnob may provide access to a third party dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

  • 19.3 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.

  • 19.4 BrandSnob has the right to hold any Job Payment the subject of a dispute in the Escrow Account, until the dispute has been resolved. At its absolute discretion BrandSnob reserves its right to release any Job Payment to an Influencer where BrandSnob deems the Campaign Contract has been completed to a satisfactory level.

  • 19.5 If You have a complaint about the BrandSnob Service please contact us here.

  • 19.6 If BrandSnob provides information of other BrandSnob Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify BrandSnob against any claims relating to any other use of information not permitted by this Agreement.

 

20. TERMINATION

  • 20.1 Either party may terminate an account and this Agreement at any time for any reason.

  • 20.2 Termination of this Agreement does not affect any Campaign Contract that has been formed between BrandSnob Users. If You have entered a Campaign Contract You must comply with the terms of that Campaign Contract including providing the Collaboration Services or paying the agreed price as applicable.

  • 20.3 Third Party Services are subject to Third Party Service provider terms and conditions.

  • 20.4 Sections 9 (Fees), 12 (Limitation of Liability), and 19 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

 

21. GENERAL

  • 21.1 This Agreement is governed by the laws of Victoria, Australia. You and BrandSnob submit to the exclusive jurisdiction of the courts of Victoria, Australia.

  • 21.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

  • 21.3 This Agreement may be assigned or novated by BrandSnob to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.

  • 21.4 This Agreement sets out the entire understanding and agreement between You and BrandSnob with respect to its subject matter.

22. SERVICE FEE SCHEDULE

  • 22.1 The All Access Membership Fee for a Brand is $185 per month in either USD, EURO, GBP, CAD AUD or NZ. The currency selected will be based on the country the Brand specifies in the account settings on BrandSnob. Where a Brand is in a country outside of any of the listed currencies, the payment will default to USD. Brands receive a 7 Day Free Trial, starting from the date they create their first campaign. After the trial period finishes the Brand will be charged the Membership Fee each month. If the Brand no longer wants to use the BrandSnob Platform they can cancel their Membership at any time.

  • 22.2 The Influencers Service Fee for an accepted Offer is equal to 10 per cent (10%) of the amount that was accepted.

23. PROMOTIONS

  • 23.1 The BrandSnob VIP card (offering brands $100, $150 or $200 back on their influencer booking) is available only to new brands signing up to the platform and can only be claimed once per brand.

Revised May 2019 copyright BrandSnob 2019

BrandSnob logo

Influencer Marketplace

Influencer Marketing Platform

  • BrandSnob on Instagram
  • BrandSnob on Snapchat
  • BrandSnob on Facebook
  • BrandSnob on Twitter
  • YouTube - Black Circle

Melbourne

Sydney

London

Los Angeles

© 2019 BrandSnob, All Rights Reserved