Updated 18 March 2016
1. About Shopping Links
Thank you for using the Shopping Links website http://www.shoppinglinks.com (“Website”). This website is operated by Shopping Links Pty Ltd ABN 93168584754 (“Shopping Links”, “we”, “us” or “our”).
In order to fully access our Website’s facilities, you must first open a member account with us on the sign up page on the Website at http://www.shoppinglinks.com/signup/ .
Shopping Links connects registered Brands and Influencers from all over the world based on their category preferences and target audience. This connection allows Brands and Influencers to create opportunities for Collaboration.
Opening an account is free of charge for both Brands and Influencers, but there is a listing fee for Brands to post a Collaboration. Brands must pay this listing fee at the time of creating the Collaboration.
Before entering into a Collaboration with a Brand or Influencer, it is important to review that Brand or Influencer’s respective terms and conditions applying to a potential transaction or negotiation deal. Shopping Links is not responsible for the terms and conditions of any other third party site, whether of the Brand or the Influencer, or of any other third party site to which a link is found anywhere on the Website. An agreement or contract entered into by an Influencer and/or Brand is between those parties, and not with us.
You may cancel your account with Shopping Links at any time by sending an email to firstname.lastname@example.org requesting your account to be discontinued. Shopping Links will process the request after verifying the identity of the account holder. We may also terminate your account at any time without reason or cause.
2. Accepting these Terms
These terms and conditions (“Terms”) will apply to all services provided by us, and by accessing or using any part of the Website, you agree to the terms and conditions together with any additional policies, notices and disclaimers (collectively, the “Agreement”). These Terms will apply to all users, including and not limited to users who are simply browsing the Website, and users who have registered accounts with Shopping Links.
Shopping Links may, at our sole discretion, amend the Website and these Terms at any time without notice to you. All changes are applicable immediately. Your access or use of the Website constitutes an agreement to the Terms, so if you do not wish to be bound by the Terms, you must discontinue your use of the Website immediately.
The Website is optimised for use by Australian residents. If you are not an Australian resident, you will be responsible for determining whether or not your intended access and/or use of the Website is lawful within your jurisdiction. If access and/or use of the Website constitutes a breach of a law in your jurisdiction, you should discontinue use of the Website immediately.
This Agreement is governed by the law applicable in Victoria, Australia.
3. Shopping Links and You
When you open an account with us as an Influencer, Agency or as a Brand, you will be enabled to use our services in connecting with Influencers and Brands to create a Collaboration. Shopping Links provides the platform for you to connect with other Influencers and/or Brands by enabling you to choose your target audience and reach. By submitting your information and uploading any content to the Website, you agree to be bound by these Terms.
Once you have connected with an Influencer or Brand, the resulting agreement forming the Collaboration is between you and that Influencer or Brand. You will be subject to, in addition to our Terms, the terms and conditions of the other Influencer or Brand, which we have no control over. We make no representations or warranties as to any Collaboration entered into with an Influencer or Brand and are not responsible for reviewing or controlling the content provided by them. By partnering with an Influencer or Brand to do a Collaboration, you do so at your own risk.
4. Your Use of the Website
You are solely responsible for the details you submit to us and for the content you make public on the Website, as well as for the substance of your communications with other Influencers, Brands or third parties made with your account with Shopping Links. Both Influencers and Brands must be fully legally capable of offering their advertised services. Where commission is being offered by the Brand to the Influencer as a type of benefit, the Influencer agrees to use only affiliate links that are generated via the Shopping Links website in all promotion for that collaboration. This applies to all forms of promotion across digital assets including websites and social media. If the Influencer chooses to promote any gifted items beyond the requirements of the collaboration, they too agree to continue to use the Shopping Links affiliate links for all promotion of items that were gifted or supplied as part of the collaboration secured on the Shopping Links site.
You are not permitted to use or access the Website for the purpose of breaching security of another Shopping Links account belonging to another Influencer, Agency or Brand. You shall not interfere with the use and enjoyment of the Website by other Influencers or Brands. You shall also not attempt to gain unauthorised access to our network or server.
You may not use methods of data collection or extraction to collect, gather or copy any content or data on the Website in a matter that is not permitted by Shopping Links in writing. You may not utilise any trademarks, logos or other proprietary information belonging to Shopping Links or its affiliates without the express written consent.
Your uploads and communications must not constitute unauthorised or unsolicited advertising, junk or bulk mail (Spam), chain letters or any other form of unauthorised solicitation. If you display any graphics in your communications, you must ensure that you are legally entitled to do so. Additionally, when using the Website and your account with Shopping Links, you shall not upload or send communications that contain software viruses or any other computer code, files or programs that can disrupt, damage or limit the functioning and performance of the Website or the data contained therein, or our servers or networks.
If it is discovered that you have breached any of the above prohibitions, we reserve the sole discretion to suspend you from accessing or using our Website at any time without notice to you. In some circumstances, you may even incur criminal or civil liability. Your use of the Website is subject to all applicable laws and regulations.
Furthermore, Shopping Links reserves the sole discretion to forfeit listing fees and/or to delete any Collaborations or other post submissions that we deem to be offensive, or to contain obscene and/or illegal content, such as those of a sexual or illicit drug use nature. This discretion extends to include any conduct by a Brand or an Influencer that is threatening, abusive, defamatory, harassing, deceptive, fraudulent, tortious, or otherwise violates our rules or policies. You are responsible for the details you submit and publish, as well as for any content that you upload including text, communications, images, sounds, data, etc.
5. Cancelling your Account
You may cancel your account with Shopping Links at any time by sending an email to email@example.com requesting your account to be discontinued. Shopping Links will process the request after verifying the identity of the account holder. You will not be entitled to a refund of any listing fees you may have already paid.
Shopping Links reserves the right to cancel or suspend your account or authority to use the Website at any time if we are of the reasonable belief or suspicion that you have engaged in conduct that breaches these Terms or related policies.
6. Communications, Agreements and Payments between Brands and Influencers
Both Influencers and Brands, as well as other users of the Website are not permitted to make unsolicited contact with other Influencers and/or Brands listed on the Website, or otherwise contact any individual without the express permission from the individual. All contact between Influencers and Brands must first be conducted through the search and match facility on our Website.
You should exercise caution when meeting with and/or entering into a collaboration with an Influencer or a Brand for the first time. Any meetings or relationships formed are arranged entirely at the discretion of the Brand and the Influencer. Brands and Agencies may not attempt to contact Influencers or negotiate opportunities or payment outside of a Shopping Links collaboration where the parties were introduced via the Shopping Links site. Similarly Influencers may not solicit additional work from a Brand outside of an active collaboration on the site. Any attempt to circumvent the platform may result in the Brand, Agency and/or Influencer being removed from the platform at our sole discretion.
All payments must be processed via the Shopping Links platform for all collaborations and influencer payments.
7. Collaboration Requirements and Disclosure
Influencers must clearly disclose the relationship they have with the brand in any sponsored posts. Shopping Links requires all influencers to disclose the relationship with the brand to ensure it is clear to an ordinary consumer viewing the content that there is a commercial arrangement between the blogger and the brand. Bloggers and Social Influencers are responsible to ensure they meet all legal requirements in terms of advertising a product, brand or service for the jurisdiction in which they live and blog. Bloggers must ensure their audience understands the relationship the blogger has to the company whose products are being reviewed. In addition to all legal requirements mandated by the applicable jurisdiction, bloggers must clearly tag @shoppinglinks in all social media posts for collaborations that have been secured via our site. Bloggers and Social Influencers must also include #ad and #shoppinglinks in all posts on social media
Bloggers must also declare the sponsored nature of each post they circulate on their own website. We require the following disclosure on all blog posts for collaborations secured via the Shopping Links site:
“Collaboration sourced via Shopping Links” or “Collaboration supported by Shopping Links” [where Shopping Links is hyperlinked through to www.shoppinglinks.com]
Shopping Links reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers posting content as a result of a collaboration that has been secured via the Shopping Links platform. Shopping Links reserves the right to remove bloggers and social influencers who do not agree to the required levels of disclosure.
By using the Website and its facilities, you warrant and represent that you are over 18 years of age or that you otherwise have the capacity to enter into legally binding contracts.
9. Copyright and Intellectual Property Rights
Any content that you publish, upload or otherwise make public in relation to a collaboration must not infringe on someone else’s patent, trademark, trade secret, copyright or other intellectual property or other proprietary right of any party. Nothing in this Website is intended to give you any license to make use of any of those intellectual property or other proprietary rights in any way. You agree that any images you create as part of a Shopping Links collaboration are exclusively made available and licensed to Shopping Links and the sponsoring brand and nowhere else. You warrant that you are the legal owner of the intellectual property rights in any content that you publicly upload or otherwise make public as a result of your collaboration. You grant to Shopping Links and our Brand partners an irrevocable, perpetual, royalty-free, worldwide, exclusive, and fully paid license to reproduce, copy or otherwise use commissioned editorials and social features on our social media profiles, branded newsletters and blog (if applicable). Shopping Links and sponsoring Brands agree to properly credit Influencers for all mentions and sharing of content.
As a content creator, you grant Shopping Links and the sponsoring Brand exclusive rights to license the images created as part of a collaboration. This means you will not license the images created or those that are substantially similar to any third party. On a non-exclusive basis, you can use the images created for any personal and self promotional (non-commercial) use. You are not restricted from licensing other non similar images.
You agree that Shopping Links is not responsible for, and does not endorse, moderate, monitor, edit or delete any content posted as part of a Shopping Links collaboration. Legal responsibility for the content is born solely by the content creator. Any questions or concers about intellectual property rights and ownership of content should be escalated to the relevant Influencer or Brand directly.
Additionally, unless otherwise indicated, all copyright, trademarks and any other intellectual property rights subsisting in the Website are owned by or licensed for use to Shopping Links. You must therefore not use any copyright, trademarks or any other intellectual property rights subsisting in the website without the express written authorisation of Shopping Links or the relevant third party owner. You are not permitted or licensed to reproduce, copy or use in any way any copyright, trademarks or other intellectual property rights that we own except as expressly set out in these Terms.
10. Viruses, Hacking and other Offences
At Shopping Links, we will endeavour to ensure that our Website is free from viruses, malware and other malicious computer software. However, due to the nature of the Website, we cannot represent that everything displayed on the Website, whether posted or uploaded by us or another user, will be free from viruses, malware or other malicious computer software. It is the responsibility of you and your computer to conduct the necessary scans to prevent viruses, malware or other malicious computer software being downloaded. Shopping Links will not be liable for any loss or damage caused by the downloading of viruses, malware or other malicious software from the Website.
As a user, with or without an account on Shopping Links, you shall not knowingly introduce viruses, malware or other malicious computer software onto the Website, nor shall you knowingly hack into our Website or computer servers. If it is brought to our attention that you have been or were intending to do so, we will not hesitate to report your conduct to the appropriate law enforcement agencies and will fully cooperate with their investigation into the matter.
Whilst Shopping Links will take the appropriate measures to safeguard your personal data provided to us, no transmission over the internet can be guaranteed to be secure. Accordingly, please note that Shopping Links cannot and does not guarantee the security of any information that you submit to the Website. It is your responsibility to ensure that your user name, password and any other security information you submit to the Website are kept secure. If you do share such information with others, you agree that you will be responsible for the conduct undertaken by that person with your account.
The Website has been prepared in accordance with Australian law. Shopping Links does not exclude or limit any rights or remedies you may have under the Competition and Consumer Act (Cth) or any other applicable legislative instrument that cannot be excluded. If any part of the Website does not satisfy the laws of a country outside Australia, that part of the Website is not directed to persons in those countries and they should not use or access that part of the Website.
To the extent permitted by law, you understand and consent that the information and materials found on the Website is provided on an ‘as is’ basis. Whilst we will endeavour to have the most updated, accurate and relevant information and materials available to you on the Website, Shopping Links makes no representations or warranties as to the quality, reliability, accuracy, completeness or fitness for purpose of the information and materials contained on the Website. We may make changes to the information and materials contained on the Website at any time without prior notice to you.
When using the Website or downloading or acquiring any information or materials from the Website, you do this at your own discretion and risk. You agree that you will be solely responsible for any damage or loss sustained as a result of your activities and use of the Website.
You acknowledge and agree that any transactions relating to the products and/or services of a Blogger, Brand or any other third party, are entered into solely between that Blogger, Brand or other third party providing the products and/or services, and you. Shopping Links makes no warranties regarding any transactions executed with a Blogger, Brand, Affiliate Network or other third party, and you understand that such transactions are entered into entirely at your own risk. Affiliate links accessed via your Shopping Links account are managed, supplied and maintained by third party affiliate networks. Shopping Links makes no warranties regarding the accuracy and availability of the tracking and associated payment of these transactions. From time to time these links may be unavailable and as such Shopping Links will not be responsible or liable for or any loss or damage resulting from the use of, or the reliance on these links.
Shopping Links expressly disclaims any implied or express warranties or conditions of any kind, whether made by us or by a third party on the Website. We shall not be liable for any loss or damage resulting from the use of, or the reliance on, the materials or information on the Website. We do not endorse any opinion, advice or statement made by any person other than an authorised Shopping Links spokesperson speaking in his or her official capacity. Any reference to products and/or services on the Site of a Blogger, Brand or third party is for information purposes only and does not constitute an endorsement or a recommendation of those products and/or services by Shopping Links.
13. Limitation of Liability
To the maximum extent permitted by law, in no event shall Shopping Links or its affiliates be liable to you or any third party for loss or damage of any kind, however caused, sustained from the access or use of the Website (including information or materials displayed by Bloggers, Brands or other third parties). When you access or use the Website, you understand and agree that you do so solely at your own risk.
Shopping Links also expressly disclaims any warranty, whether express or implied, relating to the Website, its information and materials, and its facilities accessible through the Website, unless the warranty is statutory and cannot be excluded.
14. Confidentiality and Privacy
Any information that you submit or send to Shopping Links is deemed not confidential. This includes details you submit when opening your account, comments or graphics uploaded onto the Website, enquiries or feedback sent to Shopping Links, and other submissions made through the Shopping Links platform.
Upon request, you hereby agree to defend and fully indemnify Shopping Links from all liabilities, claims and expenses. This also extends to legal fees that arise from your breach of any of these Terms, or other negligent or wrongful conduct. Any indemnity, agreement, representation or promise by you to Shopping Links shall be taken to also be applicable to the employees, officers, agents and shareholders or Shopping Links and any of its affiliates.
At any time, if we fail to insist upon strict performance of any of your obligations under the Terms, or we fail to exercise any rights or remedies entitled to us, this shall not constitute a waiver of such rights or remedies. Shopping Links will not relieve you from compliance with such obligations, even in the event that we fail to insist on your compliance. A waiver by us to exercise any rights or remedies entitled to us shall not be effective unless it is expressly stated to be a waiver, and is clearly communicated to you in writing.
If any part of the Terms is determined to be invalid, unlawful or unenforceable to any extent, that part will, to the extent that it is invalid, unlawful or unenforceable, will be severed from the remaining Terms. The remaining Terms will continue to be valid, lawful and enforceable to the fullest extent permitted by the law.
18. Applicable Law
Whilst the Site may be accessed worldwide, the Terms shall be governed by, construed and enforced in accordance with the laws of the state of Victoria, Australia. We make no representation that the information and materials contained on the Website complies with the laws of any country outside Australia. If you access the Website from outside the Australian jurisdiction, you do so at your own risk. You will be responsible for complying with the laws in the jurisdiction within which you access or use the Website.
19. Updating the Terms and Conditions
From time to time, we may modify or amend the Terms to take into account and reflect any new or amended laws, new technology, changes to our business requirements and/or your feedback. Your access and use of the Website will be governed by the most recently updated Terms.
Any changes or alterations to the Terms will be updated on our Website. Any modifications or amendments to the Terms will take effect from the date of publication. We may make these changes or alterations with or without prior notice to you. We therefore encourage you to review the Terms periodically so that you are aware of our most current Terms.
20. Feedback and Complaints
At Shopping Links, we welcome general comments and feedback about your experience with using and accessing the Website. We make no commitment to following up on all comments and feedback submitted to us, but we will endeavour to ensure that your suggestions are taken on board when improving the services we provide to you.
If you have any complaints regarding your use or access of the Website, please contact us at any time.
For complaints regarding the conduct of another user, Shopping Links has no obligation to help resolve any disputes that may have arisen in the course of a transaction or a relationship between Bloggers, Brands and/or other third parties. We may attempt to help you resolve such disputes, but we otherwise make no representations as to our ability to intervene in your dispute with the other Blogger, Brand or third party.
21. Entire Agreement Clause
You understand and agree that these Terms, and any other policies or terms referred to herein, constitute the entire agreement governing your use and access of the Website. These Terms supersede all prior representations and agreements made in connection with your use and access of the Website.