FOR BLOGGERS ONLY TERMS OF USE
INDEMNIFICATION
Our services could not function if it were liable for the actions or inactions of third parties both on and off our services and for actions of our users targeted against third parties. Thus, you hereby agree, to the extent permitted by applicable law, to release ILOLA™ and its affiliates and subsidiaries, and each of its and their respective officers, managers, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way related to disputes between you and third persons (including other users such as brands or influencers) in connection with our services, including, but not limited to matters related to late posting, image quality, styling quality, the content bloggers write in captions, non-posting, shipping, customs and returns.
MEMBERSHIP FEES & DIRECT DEBIT AGREEMENT
You are subscribing to a monthly membership. Users will subscribe to different levels of participation and privileges on the Site, by payment of monthly subscription fees which will be direct debited from your chosen account/credit card, as described in and subject to the terms of the agreement, as may be revised from time to time upon such notice as may be appropriate and compliant with this Terms.
PRODUCT LISTINGS
ILOLA™ retains the right to remove any listings that may be offensive or listing that do not comply with ethos of our company. In such cases, we are entitled to act without notice.
COLLABORATIONS
ILOLA™ doesn’t guarantee the number of collaborations that occur through this platform, if any.
PRODUCT SHIPPING
It is the responsibility of the Client to pay for shipping fees associated with purchases through ILOLA™, Client must absorb these costs into marketing budgets unless otherwise stated in agreement prior to obtaining membership.
POSTING
ILOLA™ does not guarantee that influencers will create content with products that they receive through the platform.
POST MANAGEMENT
ILOLA™ will manage posts throughout your membership. The Management of Posts will cease upon membership cancellation.
NON-PAYMENT
If a Client fails to pay the Membership Fees or any other amounts due under the Terms of Use, whether by cancelling Client’s credit or debit card, initiating an improper charge-back, or any other means, ILOLA™ may suspend or close Client’s Account and revoke Client’s access to the Site. The Client hereby confirms that the Client is aware of contractual sanctions related to non – payment and fully accepts the sanctions to the fullest extent permitted by law. Moreover, the Client hereby declares not to cancel Client’s bank cards or initiate bank charge – back in order to avoid payment of the fees that had been agreed earlier with ILOLA™. The Client understands that the above declaration does not affect Client’s non – waivable rights stipulated in Competition and Consumer Act 2010 (No. 51, 1974).
IMAGES
You agree to allow ILOLA™ use of any images associated to product listings. We may use such images in any marketing initiatives across eDM and our own social media platforms.
MEMBERSHIP REFUNDS
Membership refunds will only be available if ILOLA™ fails to list Client’s products on our platform within five working days after receiving payment. If Client fails to specify products and does not upload them to ILOLA™, Client will not be eligible for a refund. In the event of deferred use of platform, refunds can only be requested within 6 months of non use, after this point, refunds will not be issued. The Client understands and accepts that ILOLA™ reserves, to the extent permitted by mandatory rules of law, a right to reject requests for membership refunds related to other circumstances. In particular, memberships are non-refundable due to a lack of product purchases or collaborations that occur through the website, and in the event of not cancelling account in accordance to cancellation policy. The Client hereby reaffirms that the Client will not cancel Client’s bank cards or initiate bank charge – back to avoid payment of memberships. Moreover, the Client hereby confirms that the Client is aware of contractual sanctions related to non – payment and fully accepts the sanctions, to the fullest extent permitted by law. Moreover, the Client hereby declares not to cancel Client’s bank cards or initiate bank charge – back to avoid payment of the fees due to ILOLA™. The Client understands that the above declaration does not affect Client’s non – waivable rights stipulated in Competition and Consumer Act 2010 (No. 51, 1974).
We guarantee that your products will be listed and made available to our network of influencers and/or Ambassadors, but cannot guarantee the resulting number of purchases or collaborations. Thus, you are not entitled to any claims on that basis, including, but not limited to, refund claims.
CANCELLATIONS
Please note, we operate in Australian Eastern Daylight Timezone, and thus all billing and cancellation dates must be converted into your local timezone. There are no minimum commitment periods. However, cancellations remain the responsibility of the Client. Cancellation will only take place once user completes cancellation procedure, which is located in the brands dashboard. ILOLA™ requires completion of cancellation procedure within 72 hours (3 working days) notice prior to new billable period or a non-refundable charge will still occur. Cancellations will not be honoured under any circumstance in which the user has not cancelled account from their dashboard. If one client operates multiple businesses, they will be treated as separate accounts (entities) and as such must be cancelled as two separate entities. Cancelling one account, will not cancel both. Working days exclude weekends and Australian public holidays. When non – refundable charge is due to ILOLA™ and the Client, for any reason, cancelled his / her/ its bank card or initiated charge – back, the Client hereby accepts that, unless the Client pays the full charge promptly, ILOLA™ shall pursue the remaining amount in legal proceedings (including arbitration or litigation). The Client is aware that in case ILOLA™ would be forced to commence legal proceedings in order to secure repayment of the debt owing, the Client may be additionally liable for statutory pre – judgement and post – judgement interest rates (section 51A and 52 of 1976 Federal Court of Australia Act 1976), any court costs, attorney fees and costs related to enforcement of the judgement.
LIQUIDATED DAMAGES
If the Client breaches clauses included in the chapters „Membership Refunds”, „Cancellations” and „Non – Payment”, it shall be liable to pay the ILOLA™ liquidated damages at the rate of $16,000 DOLLARS $516.12 per day for each day beyond the due date of the payment until payment is received by ILOLA™.
COMPLAINT RESOLUTION
We will attempt to make all efforts to resolve a complaint internally, complaints can be made through contacting info@delimp.delimp.in, if we fail come to a solution that both parties agree to, any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne Australia. The language of the arbitration shall be English. The number of arbitrators shall be one if the parties can choose arbitrator together. If the parties cannot elect one arbitrator, each party chooses own arbitrator and then chosen arbitrators shall elect third arbitrator. The Client understands that in case of a dispute resolved in favour of For Blogger Only, the Client may be liable for costs of arbitration proceedings, including costs of legal representation.
Users have a right to opt out of arbitration by giving us written notice, within 30 days of publication of updated terms of use (updated terms published on May 12th, 2018) or within 30 days of concluding agreement with us, whichever date occurs later. The Users are aware that to opt out of arbitration means accepting jurisdiction of an appropriate court of law as a matter of resolving a potential dispute. This may result in subsequent court costs, lawyer fees, pre – judgement and post – judgement interest rates and costs of enforcement of judgement.
AMENDMENTS
These Terms may be updated in the future so we recommend you read these terms carefully each time you agree to them. We will not change any terms unilaterally. You express your consent to these Terms prior to conclusion of your agreement with us.
Subject to the conditions set forth herein, ILOLA™ may, amend this Agreement and the other terms of service at any time by posting a revised version on the Site but will provide reasonable advance notice of any amendment that includes a substantial change – either by posting notification on our website or sending emails. If the Amendment includes an increase to Fees charged by ILOLA™, ILOLA™ will provide at least 30 days’ advance notice of the amendment, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee reduction. Any revisions to the Terms of Use will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).
Amendments to these Terms will be posted to our website and we shall provide the recent date of the update at the top of the updated Terms.
You are obligated to check these Terms of Use periodically for Amendments. Your continued use of the Services following the effectiveness of any Amendment to these Terms, constitutes acceptance of the said Amendment. However, if any Amendment to these Terms of Use is not acceptable to you, you shall stop accessing, browsing and otherwise using the Services.
In the event of a conflict between this Agreement (Terms) and the other terms of service, this Agreement will control unless the other Agreement explicitly states that it prevails over these Terms.