Terms & Conditions

PLEASE ALSO READ FULL PRIVACY POLICY

HOUSE RULES | INFLUENCER

BE TRANSPARENT: Keep up to speed with the latest developments and best practice on how to label your posts in a transparent way to show that it is gifted by the brand. Normally, that will mean labelling your content with #ad or #gifted in the title or thumbnail of your content. Don’t try to hide this; both you and the brand will lose credibility if you do.

BE GENEROUS: Post must stay on the top of your feed for minimum 5 hours and on your platform for 90 days. If you archive or delete a post after 90 days please send the content to Social Collective or the brand advising the content is being removed.

BE AUTHENTIC: If you wouldn't recommend the brand if your bought the item - don't recommend it because it’s gifted.

BE GENUINE: We work exclusively with Influencers who’ve organically grown their audience. If you’re misrepresenting the size of your audience or engagement in your content, we reserve the right terminate your Social Collective account.

BE MINDFUL: If you’re seen to be recommending competing brands in quick succession or over-populating your feed with sponsored posts, you’ll lose credibility.

PLEASE APPRECIATE: If a brand has not approved a collaboration request you have made, please wait a minimum of 3 months to make any further requests with the brand.

PROCESSES: We can only process one request per month. If you are looking to add to a request within 30 days of making a request please email collaborate@babasocial.com

CONFIDENTIALITY: We very much respect you privacy and only share relevant information with brands to benefit the collaboration. Our communication via emails, DM's, calls and texts are private and confidential. If we feel it is your interest to share additional information we will always check with you first. We too value privacy and therefore the emails, DM's, calls and texts you receive from us are intended for you. We regularly send marketing emails and broadcast on Instagram, again these are for those that we send to and not for those that we have chosen not to send to. Please respect this house rule when part of the Social Collective platform. If this is not something you feel comfortable with we can manage communication differently for you.

ORDERING SITE TERMS OF USE

INTRODUCTION

The Social Collective webisite is owned and operated by BabaSocial. Information about how to use the Social Collective website forms part of the Terms of Use (“Terms of Use”). By using the Social Collective, you agree to accept these Terms of Use and the House Rules.
Social Collective has created the Social Collective ordering website to allow Brands to showcase their available collaborations and connect with influencers via Social Collective, to have content created and distributed through the Influencer’s Channels (Twitter, Instagram and/or Facebook) subject to compliance with these Terms of Use. In these Terms of Use, Brands and Influencers are collectively and individually referred to as “users” or “you” as the context requires.
Your access to and use of the Social Collective Ordering site is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Social Collective ordering site, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Social Collective Ordering site.
Social Collective may at any time revise these Terms of Use by updating this page. Revisions will take immediate effect and may affect your ability to use the Social Collective Ordering site. Since you are bound by these Terms of Use each time you use the Social Collective Ordering site, you should check these Terms of Use for any revisions each time you use the Social Collective Ordering site and wherever prompted to do so. Your use of the Social Collective Ordering site following the posting of any revisions to these Terms of Use constitutes your acceptance of those revisions.
Social Collective reserves the right to change the Social Collective Ordering site in any way by giving you notice to the email address you have registered with us to you. Even if you have an Account, your ability to access and use the Social Collective Ordering site may be terminated at any time without notice to you. If you do not agree to these Terms of Use, you must immediately exit the Social Collective Ordering site.

USING THE ORDERING SITE

The Social Collective Ordering site allows Brands to present Influencer Marketing collaborations, which are then shared with users.
The relevant Brand is solely responsible for reviewing and approving all collaboration request, Social Collective is not liable in any way for the products or requests. These Terms of Use shall apply to all requests made through the Social Collective ordering site.

THE COLLABORATION

Content is provided by the relevant Influencer. No content constitutes a representation by Social Collective, nor does Social Collective accept any liability for the legality, validity, accuracy or suitability of any content provided by Influencers. If you have a question or concern about content, you must make your own enquiry to Social Collective directly, or if advised by Social Collective, by contacting the relevant contact. You agree that Social Collective is not responsible for, and does not endorse, any Content posted using the products sent from requests made to Social Collective ordering site. Social Collective does not have any obligation to pre-moderate, monitor, edit or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.
Influencers and Brands agree that they will not attempt to negotiate terms with each other outside of Social Collective. Without limiting any other rights or remedies available to Social Collective, any attempt to circumvent the Social Collective ordering site may result in removal from the Social Collective ordering site at Social Collective sole discretion.
You must not:

distribute or republish any element of the Social Collective Ordering site in any way;
transfer any element of the Social Collective Ordering site to any third party;
use any data mining, robots or similar data gather or extraction methods;
register, subscribe or unsubscribe, or attempt to subscribe or unsubscribe, any party to any product or service if you are not expressly authorised by such party to do so; or
sell, licence, lease or in any way seek to commercialise any component of the Social Collective ordering site without specific written authorisation from Social Collective.

The Social Collective ordering site is designed for use by people aged 18 years and over. To use the Social Collective ordering, you must be eligible to use the social media platforms (under the relevant platforms prevailing terms and conditions) upon which you intend to publish Posts.
Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Social Collective and any user.
Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Social Collective ordering site in the manner anticipated in these Terms of Use.
The Social Collective ordering site may contain links to other sites not maintained by Social Collective (“Linked Sites”). Social Collective is not responsible for the content of any Linked Sites.
As part of the collaboration the partnering brand has the right to re-purpose the content created by the influencer on all their brand channels and/or their retailer partner social channels.

REGISTERING AN ACCOUNT

In order to use the Social Collective Ordering site, Influencers must register an account via the website in the manner required and as set out in these Terms of Use (“Account”)
Social Collective reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Social Collective is final and no correspondence will be entered into.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Social Collective Ordering site. You may never use another’s Account without their permission.
You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Social Collective of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Social Collective when you desire to cancel your Account. Social Collective will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Social Collective retains the right and absolute discretion to terminate your Account and/or access to the Social Collective Ordering site (or any element thereof) if it believes that you are abusing or tampering with the Social Collective Ordering site (or any element thereof) in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful, unethical, unsportsmanlike or other misconduct calculated to jeopardise the proper administration of the Social Collective Ordering site (or any element thereof)..
The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. Social Collective reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
Users understand that in creating an Account they are providing their information to Social Collective and not to any social media platform.

ADDITIONAL TERMS FOR INFLUENCERS

Conditions 28-47 apply only to Influencers participating in the Social Collective Ordering site.

Influencer Eligibility

Any person over the age of 18 years, but in order to participate in any collaborations and via the Social Collective Ordering site, Influencer’s must meet the following minimum standards:

A minimum engagement rate of 1% over 20K/3% over 10K/6% over 5K engagements per post.
Influencer’s Channels must be public (viewable by anyone); and
Influencer’s Channels may not contain content that is contrary to these Terms of Use or to the terms of use of the relevant social media platform of the Influencer’s Channels.

If you do not meet the minimum standard in condition 28 above, you may not be able to participate in collaborations or access the full functionality of the website.

Terms for Participating in a collaborations

Posts and Content must adhere to the requirements contained in these Terms of Use, the House Rules and any additional requirements imposed by Brands as part of a collaboration
Influencers must clearly disclose in gifted Posts. Social Collective requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Influencer and the Brand. This may be achieved through the prominent use of hashtags such as gifted or #ad or through other means suitable to your particular circumstances, Community and Channels. Social Collective reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers in relation to particular Posts or your Channels generally and to require greater levels of disclosure (at Social Collective sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from the Social Collective Ordering site.
Influencers must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical or unsportsmanlike behavior such as (but not limited to), purchasing followers, likes or engagement. In the event that Social Collective suspects (in its sole discretion) that Influencers are not complying with the requirement for followers to be authentic and organically grown, Social Collective reserves the right to remove Influencers from the Social Collective Ordering site.
You warrant, in respect of each Post and publish, that:

you are aged over 18 years or over
the relevant Post does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
the relevant Post does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
any and all opinions and views stated in the relevant Post are genuinely held by you;
and any and all statements in the relevant Post regarding your use and experience of the Brand or the Brand’s products or services are true and correct and representative of your opinion regardless of whether you are gifted products. or not, and fairly represent your use and experience and you will promptly notify Social Collective if your opinion of the Brand changes from that which you have expressed to date;
the relevant Post does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
the relevant Post is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;
if the relevant Post includes any Third Party Material (including music or personality/talent rights), that all such Third Party Material and any associated licence terms or use limitations have been fully disclosed to Social Collective and the Brand;
if you are a member of any guild, union or industrial organisation, you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from adhering to these Terms of Use, performing your obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;
if the relevant Post contains images or references to third parties or third party property, including music, that the third party (or third party property owner) has been informed and agrees in writing that such images, property or references may be included in the Post, the Brand or any other third party in accordance with these Terms of Use
the use of the Post and the exercise of the Intellectual Property Rights in the relevant Post by the Brand and Social Collective will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to liability.

You acknowledge and agree that the Brand and Social Collective has the right at any time make any reasonable modification request or amendment requested by Social Collective or the relevant Brand to the Post, subject to compliance with these Terms of Use and the House Rules. You also acknowledge and agree that if you post an incorrect Post, the Brand or Social Collective may request that you re-post
You acknowledge and agree that the Brand and Social Collective has the right at any time to request that you remove any Post from you Channels and that you will comply with such a request immediately upon receipt of notification Post terms in accordance with these Terms of Use.
Social Collective and the relevant Influencer and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by Social Collective and the relevant Influencer and Brand before publication.

Influencer Restraints

As an Influencer, you agree that you will not:

delay posting your according to the terms found with each product on the site (unless the Brand stipulates a different timeline);
for a period of five (5) hours after a Post is published, post, share, re-tweet or re-gram any other posts or content to that Channel where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;
remove the Post from your Channels for a period of 90 days after the Post is published
edit any approved Post before or after it has been published other than in accordance with these Terms of Use;
parody, disparage, give any adverse comment or make fun of the Brand or its products of services generally in any way;
create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post or the Brand or its products or services;
grant any further rights in a Post to a Brand without the written permission of Social Collective

accept or attempt to negotiate with a Brand directly about content terms

You acknowledge that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and Social Collective and that these Terms of Use go no further than is reasonably necessary to protect the interests of the Brand and Social Collective.

Influencer Relationship with Social Collective and the Brand

As an Influencer, you will at all times perform your obligations and provide Posts Content to Social Collective and the Brand as an independently and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither Social Collective nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either Social Collective or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the Posts constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the Brand, Social Collective or any their respective successors or licensees. You hereby release the Brand, Social Collective and their respective agents, employees, successors and licensees, from any and all claims by you or under your authority arising out of or in connection with any portrayal, representation, impersonation or depiction of you under these Terms of Use.

You agree that you will not negotiate terms or payment from Brands outside the Social Collective Ordering site. Any attempt to circumvent the Social Collective Ordering site may result in the removal of you from the Social Collective Ordering site in Social Collective sole discretion.

INTELLECTUAL PROPERTY

All Social Collective Materials on the Social Collective Ordering site are protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Social Collective Materials to a Brand or Influencer.
All right, title and interest in all Intellectual Property Rights in all of Social Collective brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Social Collective Ordering site are the property of Social Collective and will remain or be vested in Social Collective at all times. Your use of the Social Collective Ordering site will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Social Collective Ordering site. Social Collective, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Social Collective Ordering site.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Social Collective has adopted a policy of terminating, where appropriate and at Social Collective discretion, access to the Social Collective Ordering site for account holders who infringe the intellectual property rights of Social Collective or any third party.

INFLUENCER & BRAND REPRESENTATIONS AND WARRANTIES

Influencers participating in the Social Collective Ordering site warrant, represent and covenant that:

all information you provide to Social Collective upon registering for an Account is true, accurate and complete and not misleading;
any third-party social media accounts to which you link are:

your own accounts;
if the Account refers to a Brand, that you are the authorised representative of the Brand with the right to access its social media accounts and represent its interests; and
if the Account refers to an individual other than you, you are the authorised representative of that individual with the right to access his or her social media accounts and control his or her interests;

You have the right and authority to create an Account and agree to these Terms of Use and the House Rules, including, where relevant, the authority of any Brand or individual to create an Account, agree to these Terms of Use and to use the Social Collective Ordering site on its or his or her behalf;

any Content you submit as part of collaboration from the Social Collective Ordering site will not contain anything that;

is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
is copied or adapted either wholly or substantially from any other work or material;
is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
parodies, disparages or makes fun of Social Collective or its products of services or Social Collective generally in any way;
solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (unless part of the content brief);
promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
constitutes, encourages or provides instructions for any criminal offence, violates the rights of any party, or otherwise violates any Laws including, without limitation, the regulations of any stock or securities exchange such as the New York Stock Exchange; or
contains any viruses, corrupted data or other harmful or malicious code of files.

ACKNOWLEDGEMENTS

The Influencer acknowledges that:

Brand, in its sole discretion, agree to collaborations and to send an Influencer a sample product. Influencer may request a Brand collaboration to send a sample product, but Brand is under no obligation to do so;
Social Collective will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Brand to an Influencer. Address provided by Influencer through the Social Collective Ordering site is not verified by Social Collective;
nothing in these Terms of Use grants to the Brand any ownership rights in the Intellectual Property Rights in the Posts or the Influencer’s Identity;
nothing in these Terms of Use grants to the Influencer any ownership rights in the Intellectual Property Rights of the Brand; and
nothing in these Terms of Use requires the Brand to make use of any of the rights granted to the Brand by the Influencer under this Agreement.

MONITORING

Social Collective reserves the right to monitor the Social Collective Ordering site generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, Social Collective may close or freeze the Account immediately. Social Collective retains the right and absolute discretion to suspend or terminate your Account, and/or access to the Social Collective Ordering site generally without notice if Social Collective believes you have abused any privilege accorded to you as a participant in the Social Collective Ordering site, supplied misleading information or made any misrepresentations to Social Collective Lin connection with the Social Collective Ordering site tampered with the Social Collective Ordering site in any way, breached these Terms of Use or the House Rules, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Social Collective Ordering site. Social Collective retains the right to remove any Content that it considers breaches these Terms of Use or the House Rules. In the event of termination or suspension of your Account in accordance with these Terms of Use, you will have no further access to your Account for the duration of the suspension or at all in the event of termination. Social Collective legal rights to recover damages or other compensation from you are reserved.

GENERAL TERMS

If the Social Collective Ordering site is not capable of running as planned for any reason beyond the reasonable control of Social Collective, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Social Collective Ordering site, or if any social media platform alters its terms of service, access or permission in such a way that affects the Social Collective Ordering site, Social Collective reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Social Collective Ordering site.
No additional Influencer, Brand or Media Agency originating agreement or other terms and conditions (including purchase order or insertion order terms and conditions) may be imposed on Social Collective unless agreed by Social Collective in writing and, in such case, if any terms and conditions in an Influencer, Brand or Media Agency originating agreement or other terms and conditions are inconsistent with these Terms of Use, these Terms of Use shall prevail to the extent of any inconsistency.
If you are using the Social Collective Ordering site on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Social Collective and govern your use of the Social Collective Ordering site, superseding any prior agreements between you and Social Collective. You will not assign any rights or obligations under these Terms of Use, in whole or in part, to any third party without the prior written consent of Social Collective. Social Collective may assign its rights or obligations hereunder at its sole discretion.
Any waiver of any provision of these Terms of Use will only be effective if in writing and by Social Collective. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

CONTACT AND HELP DETAILS

You may contact Social Collective via:

Address:	The Holt, STATFORD UPON AVON, CV37 9FJ
Phone	Telephone (UK): +44 01789290406
Email:	hello@babasocial.com

INTERPRETATION

The following terms have the following meanings in these Terms of Use:

“Account” means an Influencer Account;
“ASA” means the UK’s Advertising Standards Authority
“Brand” means any person or entity, or its duly authorised agents or representatives, that use the Social Collective Ordering site for the purpose of creating Collaborations;
“Collaboration” means an Influencer Marketing Content created by an influencer following receiving products agreed under the terms of use and content terms
“Channels” means the social media channels of an Influencer, such as Twitter, Facebook or Instagram.
“Community” means an Influencer’s social media following on its Channels.
“Content” means a Post, or any other content or materials created from receiving products via the Social Collective Ordering site by an Influencer
“Influencer” means a social media influencer who registers to use the website to create and distribute Posts
“Influencer Account” means an account to use the website
“House Rules” means the code of practice and conduct that must be adhered to by Influencers.
“Influencer’s Identity” means the name, image, likeness, character and online persona of the Influencer.
“Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in the UK or otherwise.
“Media Agency” means an authorised third party organisation acting on behalf of a Brand or Brands, including public relations, media, creative, design and digital agencies;
“Post” means a social media post created by an Influencer to be shared with the Influencer’s Community via the Influencer’s Channels.
“Social Collective Materials” means the Social Collective Ordering site and any associated materials owned, developed or licensed by Social Collective and made available via the Social Collective Ordering site;
“Social Collective Ordering site” means the website, collaboration requests and any associated Social Collective properties or websites.

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Terms & Conditions