Use of the Platform
The Platform provides information for prospective and current business partners about how Instafluencer’s promotion and marketing services can help your business effectively advertise its goods and services to new and existing customers through Instafluencer’s platform. As a condition of your use of the Platform, you agree that:
- you are an individual person at least 18 years of age;
- you are in legal capacity to enter into this binding legal obligation;
- you understand and agree that you are responsible for the use of your account by anyone you allow to access it;
- you have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current and complete; and
- you understand that Instafluencer may carry out credit and other checks on you and/or your business.
- You understand and agree not to approach or communicate with the Influencers directly but only through the functionality provided by the Platform
- You agree and understand that due to circumstances both within and outside of our control, your access to the Platform may be interrupted, suspended or terminated. Instafluencer retains the right at our sole discretion to deny service, or access to the Platform to anyone or an account, at any time and for any reason.
Proprietary rights to the Platform
The Platform (“Content”) showcases information, content and technology proprietary to Instafluencer and other partners with proper licenses. The same cannot be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, create derivative works from, transfer, or cannot be sold or resold such information, software, products or services obtained from or through the Platform.
Transmission of information
Because we do not control the security of the Internet or other networks you use to access the Platform or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Instafluencer and the Platform while it is being transmitted. In addition, Instafluencer is not responsible for any data lost during transmission.
Your conduct on our Platforms
Your use and access of the platform from doing the below is prohibited if,:
- using the Platform and related infrastructure and resources to solicit Instafluencer or other user, customers, merchants or other business partners of Instafluencer to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Instafluencer, including, without limitation, aggregating current or previously offered campaigns;
- offering vouchers or otherwise using any Instafluencer account to offer vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by agreement between you and Instafluencer;
- using any Instafluencer merchant information that is not your information from the Instafluencer Platforms for any commercial purpose, including, but not limited to, marketing;
- any acts or omissions which results in illegal or malafide wrongdoings against the Platform or the merchants or our services;
Intellectual Property Rights and related process
Any user violating any third party intellectual property right shall attract termination by Instafluencer of the agreements. Incase you become aware or have proof that any material which has been posted via the Platform by a user of the Platform violates or may violate any intellectual property rights including copyright, you should notify and provide InstaFluencer with the below:
- an identification of the copyrighted work with documentary proof and the location on the Platform of such alleged infringing work;
- you should be the owner of such copyrighted work should have been authorized to act on behalf of the owner of the copyrighted work;
- Any such requests should be sent on [email protected] email address for notice of claims of copyright infringement.
Please note that we do not accept or consider, directly or through any third-party unsolicited ideas of any kind. Instafluencer reserves its right to not respond to any frivolous ideas or claim without proof.
Any and all considerations payable to the Instafluencer shall be on a non-refundable basis. Terms as mentioned during the time of such communication shall be agreed upon.
Limitation of Liability and Disclaimer
- Instafluencer hereby disclaims any and all representations, warranties and conditions, whether express or implied, as to the operation of the Platform or the content, statements or other information contained on the Platform, or the products or services accessible or available through the Platform, including, but not limited to those of title noninfringement, merchantability, and fitness for a particular purpose. You expressly agree that use of the Platform is at your sole risk. Neither Instafluencer, its parent companies, subsidiaries, subsidiaries of parent companies, affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the Platform will be uninterrupted or error free; nor do they make any warranty as to
Communications and Marketing
- Instafluencer shall comply with applicable laws and shall respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type); protect our rights or property, this WebPlatform, and/or other users of this WebPlatform in this respect.
- Non-Solicitation – Our database of users, known as (“User”, “Influencer” or “Creator”), and their data is proprietary to us and other partners. During the Term and for one (1) year thereafter, you shall not encourage or solicit any Influencer of Instafluencer to leave or terminate its relationship with Instafluencer for any reason. Furthermore, the merchant will not approach the Influencer directly or indirectly for the purposes of independent contracting or any agreement offering any form direct exposure.
Minimum Job value
If you are posting a job on the InstaFluencer platform the minimum job value shall be AED 150 , inorder for you to post a valid job which can be applied for by Influencer(s).
Term and Termination
Term. The term of this Agreement shall commence on the starting date of this agreement and shall continue until terminated by any of the parties, the rights, duties and obligations of the parties shall continue in full force during or following the period of the termination notice until termination, including the ordering and billing of advertising in media whose closing dates follow then such period.
Early Termination. early termination will be only after 1 month from commencement of this agreement. Notwithstanding any other provision of the Agreement, following events shall result in early termination : failure to comply with the Agreement; either Party has made an untrue or incorrect representation; bankruptcy or liquidation proceedings; The Agreement is cancelled by the Business for any reason whatsoever, with cause by providing 30 (thirty) days prior written notice
Effect of Termination. Upon termination of this Agreement for any reason whatsoever, each party will return, or at the disclosing party’s request destroy, all Confidential Information and other materials of the other party in its possession. Termination of this Agreement by any party will not act as a waiver of any breach of this Agreement and will not act as a release of liability under this Agreement.
Such termination shall be without prejudice to any rights and/or entitlements that may have accrued or accruing due prior to the termination.
Governing law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of Emirate of Dubai and Federal laws of United Arab Emirates. Any and all disputes arising out of or in connection with the Agreement shall be firstly settled amicably within 15 (fifteen) business days from the date of the dispute being notified in writing by either party to the other party, unless settled amicably, the dispute shall be finally resolved by the exclusive jurisdiction of the local Dubai Courts.