Terms and Conditions

Version number: 1.0

Effective date: 24/05/24

1. Who we are
   • We are Options Exhibitions and Displays Limited trading as “Find My Influencer”. Our company information is at the end of this document.

 

2. What this is all about
   • These are our terms and conditions which apply to our Service (explained below). Please read the entire document carefully and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.

• Where you communicate with us on behalf of an organisation, you promise that you have authority to do so.

3. Some definitions

THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT

• “Brand” – a User who uses our Service for the purpose of buying Influencer Services.
• “Brand Content” – any branding or other material that the Brand makes available for use by the Influencer.
• “Content” – all information of whatever kind (including listings/profiles, posts, comments, articles, blogs, chat, images, photos, audio, video, advertisements, messages, reviews (including ratings etc.,) displayed, stored or sent on or in connection with our Service, and including Brand Content and Influencer Content.
• “Influencer” – a User who uses our Service for the purpose of supplying Influencer Services to Brands.
• “Influencer Content” – any Content created by the Influencer for use by the Influencer or Brand in connection with any Influencer Services Contract.
• “Influencer Services” – the services offered by Influencers on our Service.
• “Influencer Services Contract” – a contract to buy/sell Influencer Services.
• “Service” – the platform service we offer by means of our website and any related services.
• “User” – people or organisations using our Service (whether or not registered with us).

 

4. How you enter a legal contract with us

THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

• By registering on our website, you enter a legal contract with us to use our platform Service (which is different from the Influencer Services Contract between Influencer and Brand – see below).

 

• We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.

• By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

5. Changing these terms and conditions

IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE

• We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.

• If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect.

6. Your right to use our Service

THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE

• We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

• You must be 18 or over to register on or use our Service.

• You agree to comply with any applicable third party terms when using our Service.

• Our Service is geared towards businesses/professionals. You must not use our Service if you are a consumer, i.e., an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession.

7. Standard of Service

THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU

• Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.

8. Behaviour when using our Service

THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE

• You agree not to do any of the following in connection with our Service:
  • break the law or infringe anyone else’s rights;
  • send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
  • victimise or harass other people;
  • use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
  • deceive or mislead anyone;
  • send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally allowed to do so (e.g., as parent/guardian);
  • impersonate anyone;
  • use our Service to help you compete with us or to infringe our rights;
  • disrupt our Service, e.g., spam, viruses or phishing;
  • interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
  • intercept or modify communications;
  • impose an unreasonable load on our Service;
  • get around any security features including those designed to stop copying of Content; or
  • attempt, encourage or assist any of the above.

• You agree to:
  • comply with the guidance/requirements on our Service; and
  • provide prompt and reasonable cooperation in relation to our Service.

• You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us immediately if there are any important changes.

9. Influencer Services Contract

THIS SECTION EXPLAINS THE DIFFERENCE BETWEEN YOUR PLATFORM CONTRACT WITH US AND YOUR INFLUENCER SERVICES CONTRACT WITH OTHER USERS. IT ALSO SETS OUT SOME IMPORTANT ASPECTS OF THE INFLUENCER SERVICES CONTRACT AS WELL AS OUR ROLE IN FACILITATING THAT CONTRACT.

Forming a Influencer Services Contract

• Our Service is a neutral platform where independent Influencers (who do not act under our direction or control) can arrange to supply Influencer Services to Brands under an Influencer Services Contract. We do not supply those services ourselves. Any Influencer Services Contract is between the respective Influencer and Brand and we are not a party to it. You agree that any legal claim arising from breach of the Influencer Services Contract is against the Brand or Influencer and not against us. You also separately agree with us that you will comply with each Influencer Services Contract.

• An Influencer Services Contract is formed when the Brand places an order on our Service. However, the Influencer is entitled to end the contract if it does not wish to be associated with the Brand provided that it gives email notice to the Brand and us within 7 days, in which case we will make a full refund to the Brand.

• The terms of the Influencer Services Contract are for the parties to agree provided that they are consistent with any relevant terms set out in this agreement (particularly in this section). It is your responsibility to satisfy yourself that all of the terms of the Influencer Services Contract are suitable for you and to take appropriate legal advice and/or insurance to protect yourself. We do not promise that any terms that are incorporated into the Influencer Services Contract by virtue of these terms or that we otherwise supply are necessarily up to date or legally compliant.

• Unless otherwise agreed, the Influencer shall perform the Services within 14 days.

• You agree that we are entitled at any time to end or suspend any Influencer Services Contract by giving notice by email if we consider that either party has broken this platform contract, or this platform contract ends, or it is necessary to protect either party. If so, we will refund to the Brand any payment made for unused Influencer Services subject any deduction that we consider reasonably appropriate.

Intellectual property rights in Brand Content and Influencer Content

• Unless the parties otherwise agree in writing:
  • the Brand licenses the Influencer to incorporate Brand Content into the Influencer Content strictly insofar as necessary for the supply of Influencer Services;
  • the Influencer remains the owner of the Intellectual Property Rights in the Influencer Content (excluding Brand Content) created for use by the Influencer but the Influencer agrees that it shall not use such Influencer Content except in accordance with the Influencer Services Contract unless otherwise agreed in writing between the parties; and
  • the Brand Influencer shall become the owner of the Intellectual Property Rights in the Influencer Content created for use by the Brand provided that the Brand has paid in full for the work and, on request by the Brand, the Influencer will sign all necessary documents and take all reasonable steps to formally assign such rights to the Brand.

Dealings

• You agree to deal with other Users in a polite and courteous manner and to respond promptly to communications from other Users.

• You agree to cooperate reasonably with the Brand/Influencer and to supply information that they reasonably request.

• The Influencer agrees that in connection with supply of Influencer Services to the Brand:
  • it will supply the Influencer Services with reasonable skill and care; and
  • it will comply with all applicable laws and regulations (including data protection) and will not infringe any third party rights.

Payment by Brands

• The Brand must pay us the price for Influencer Services in advance on behalf of the Influencer as shown on our Service, which includes any applicable VAT. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

Completion of job and release of payment – VERY IMPORTANT

• It is the responsibility of the Influencer to confirm via our Service when the job is complete. The Brand has 14 days (or any replacement dispute period stated on our Service at the time of booking) following this confirmation to raise a dispute via our Service. If no dispute is raised, then we are entitled to assume that the job has been satisfactorily completed and release the payment to the Influencer.

Complaints and disputes

• If a dispute is raised during the above dispute period, we will adjudicate on the dispute. Our adjudication will relate only to allocation of the Brand payments held by us and not any wider aspect of the dispute and our decision will be final. We are entitled to allocate a full refund to the Brand, to make full payment to the Influencer or to split the payment between the parties as we consider appropriate. Both parties agree to provide reasonable co-operation including supply of any information that we reasonably request. We are entitled to set or extend any deadlines we consider appropriate whether to allow the parties to try and resolve the dispute themselves, to require production of information, to make our decision or otherwise. We have no legal liability to either party in relation to our role as adjudicator.

• If you have any other complaint about, or dispute with, another User, you must tell us immediately by email. We may in our discretion help to try and resolve the issue, but we do not promise to get involved.

Payment to Influencers

• Provided you have complied with your contract with us, we will take reasonable steps to pay you by whichever payment method we use the amount of the payment received from the Brand less any deductions mentioned below. We will pay you within 16 daysfollowing the earlier of brand approval or the end of the relevant dispute period (or any alternative period we decide) or, if applicable, following our resolution of any dispute (assuming we decide to make a payment to you). If we say so on our Service, you are responsible for requesting payment and/or we may only pay out when the amount due exceeds a minimum threshold.

• We are entitled to deduct our fee plus any applicable VAT from any payment to you. We may at any time change the amount of our fee. If so, we will give you notice by email. Any orders made after that notice will be subject to our new fees.

• We are entitled in our discretion to refund to the Brand on your behalf all or part of the Brand payment insofar as the Brand makes a complaint or raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). You are liable to pay any appropriate refund direct to the Brand if the relevant Brand payment has already been paid to you.

• We are entitled to deduct from any payment due to you the amount of any actual or likely chargeback (whether or not the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment that we have sent you.

• You are responsible for making up any shortfall arising from charges made by your bank.

• You are responsible for taking your own tax advice and for charging and accounting for any VAT or other taxes due on sales made to Brands. We are only responsible for accounting for any VAT on our fee that we charge to you. If we issue any invoice on your behalf, you are responsible for checking it and you accept that we do not guarantee that the invoice is legally compliant or suitable for your purposes.

Not circumventing our platform

• You agree not to use our platform with a view to dealing with other Users outside the platform.

 

• You agree not to make or receive any payment for Influencer Services outside our platform.

• You agree that, until 12 months after this contract ends, you will not contract directly with any Brand/Influencer that you first contacted through our Service.

For Influencers only

• You accept that use of our Service of itself may not necessarily enable compliance with all applicable laws and regulations concerning the Influencer Services Contract and the Influencer Services.

• You accept that we do not guarantee that use of our Service will generate any particular level of revenues or suitable enquiries.

10. Your Content

THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES

• You are responsible for your Content.

• You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

• If you post a review, you promise that it is your independent, honest, genuine opinion.

• If you use any features on our Service which enable you to share your Content with other sites, we are not responsible for use of your Content on those sites.

• Provided we comply with data protection law, we are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or companies who provide relevant services to us.

• We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.

• We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

• It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn’t affect our duties under data protection laws).

• We are allowed without telling you to edit the text or layout of your listing/profile to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service. Even if we edit your listing/profile, you remain solely responsible for it, so please monitor it carefully.

11. Dealing with other Users

THIS SECTION CONTAINS IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR

• We do not promise to carry out any particular checks of Influencers. We may in our discretion make some limited enquiries but we don’t promise that we will do so. We cannot guarantee that any information provided to us or included in a listing/profile is or remains accurate. You rely on such information at your own risk.

• If you are a Brand, you contract and deal with Influencers at your own risk. You are responsible for your selection. You agree that, before you contract with them, or as early as possible thereafter, you will ask them to verify any claims or information that are important to your selection. Alternatively, please contact us so that we can help you obtain further information.

• If you are an Influencer, are responsible for deciding whether it is appropriate for you to provide your services to any particular Brand.

• If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any concerns for your safety, you agree to immediately (1) stop any communication with the other person and (2) tell us. Please also use any available blocking mechanisms and seek relevant external help If appropriate (e.g., from law enforcement authorities).

• You acknowledge that we permit Users to post public reviews about you and/or your goods or services. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.

12. Other peoples’ services / advertising / websites

IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE

• We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

13. If you create an account on our Service

IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL

• Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account except to grant access to authorised Users in accordance with our Service. You agree to ensure that authorised Users comply with the applicable behaviour and other obligations in this agreement and that you are responsible for their acts/omissions (even if they are outside your organisation).

• You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password.  You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).

14. Paying us

THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS

• You must contact us immediately with full details if you dispute any payment.

• You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.

• You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.

• If any amount due to us is unpaid, without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.

15. Support

THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE

• The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.

• Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are calculated in English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.

• In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.

16. Ending or suspending this contract

THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS

• You are entitled to end this (platform) contract at any time by emailing us to the email address shown below or/ deleting your account as explained on our Service.

• We are entitled to end this contract at any time for any reason in which case we will take reasonable steps to give you written notice by email or otherwise.

• If this contract ends:
  • It still continues insofar as necessary to facilitate any pending Influencer Services Contracts you entered into before termination unless we end those contracts, in which case we will refund the applicable payment to the Brand subject to any deduction which we consider reasonably appropriate.
  • Subject to the above, your right to use our Service and all licences are terminated.
  • We are allowed to delete your Content without telling you.
  • Existing rights and liabilities are unaffected.
  • All terms in this contract that are stated or intended to continue after termination will continue to apply.

• We are entitled to suspend part or all of our Service or impose restrictions on our Service if:
  • you break this contract;
  • you are subject to more than one negative review on our Service;
  • any fees payable by you are unpaid or charged back;
  • acting reasonably, we think that it is necessary to protect you, us or others;
  • we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
  • you or anyone on your behalf acts inappropriately towards us or our staff or

17. Our guidance

IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK

• If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

18. If our Service doesn’t work properly

IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE

• We do not guarantee that the Service will be uninterrupted or error-free or that any Content generated, stored, transmitted or used via or in connection with the Service will be complete, accurate, secure, up to date, received or delivered correctly or at all.

• We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.

19. Restrictions on our legal responsibility – very important

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

• Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.

• To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

• Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:

• loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
• indirect, consequential or special losses.

• Subject to the first paragraph in this section (“Nothing in this agreement…”), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.

• You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).

• This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.

20. Intellectual property rights (IP)

THIS SECTION CONFIRMS THAT YOU AND WE REMAIN OWNER/S OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND SETS OUT HOW WE ALLOW EACH OTHER/YOU TO USE THE CONTENT

IP in your Content (e.g., listings/profiles, Brand Content, Influencer Content)

• You remain the owner of the IP in your Content. You allow us, at no cost and for so long as this contract lasts to use and adapt all or part of such material (including Brand Content and Influencer Content) however we wish on our Service as well as on other channels including social media, including to enhance, redistribute, advertise and/or promote our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.

IP in our Content

• We and/or our suppliers or other Users own the IP in all Content that we use on or in connection with our Service (excluding your Content). Let’s call this “our Content”.

• You may view our Content on your device for your internal business use only. Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you to, you must not otherwise use any part of our Content including by copying, recording, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.

• Just to be clear – you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.

21. Your personal information

IN SHORT: OUR PRIVACY POLICY APPLIES

• You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

22. Things we can’t control

IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

• We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

23. Transferring this contract to someone else

IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

• We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

24. English law and courts

IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES

• This contract is governed by the law, and subject to the exclusive jurisdiction of the courts, of England and Wales.

25. General

HERE ARE SOME GENERAL BUT IMPORTANT POINTS THAT APPLY

• We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

26. Complaints
    • If you have any complaints, please contact us via the contact details shown below.

 

27. Information about us
    • Company name: Options Exhibitions and Displays Limited
    • Trading name “Find My Influencer”.
    • Country of incorporation: England and Wales
    • Registered number: 04063930
    • Registered office: Calcutt Matthews, 19 North Street, Ashford, Kent, TN24 8LF, UK.
    • Contact address: 27 Brunel Rd, St. Leonards on Sea, E. Sussex, TN38 9RT, UK
    • Contact email address: info@findmyinfluencer.co.uk
    • Other contact information: See our website/contact page
    • VAT number: GB 644 5550 34