Terms and conditions
Acceptance of the terms
- By clicking “Continue” you acknowledge that you have read, understood, and agree to be bound by this Terms. If you do not agree to any of the following, we may not agree to grant you access to our Services. If you do not agree to accept all the terms of this Terms, please do not click the “Continue” button and you must leave the Services.
- buywith reserves the right, in its sole discretion, to notify you that it amends or modifies these Terms at any time. Your continued use of the Services after any notified modification or amendment to these Terms constitutes your informed consent to and acceptance of the revised Terms. If we determine that the changes are material, we may send users a notification of these changes to the Platform. All new and / or amended terms will take effect immediately upon publication and will apply to your use of the Services from that date onwards, except for material changes that may take effect 7 days after the change has been made and is identified as material. If you do not agree to the Terms, your only remedy is to discontinue the use of the Services and terminate any Account (as this term is defined below) that you created for use of the Services.
- If you breach the Terms, buywith reserves the right to issue a warning to you regarding a breach or immediately suspend or suspend all or part of the account (s) you have created for use of the Services. You agree that we are not required to give notice to you before termination or suspension of your account (s),but may notify you at its sole discretion.
- You agree that buywith may and may not modify any part of the Services, including their content, at any time, or discontinue the Services or any part thereof, suspend or terminate your access to any or all of the Services and refuse all current and future use of the Services, To the user of the Services that the use of certain Services and certain statements made under these Terms are limited to users who are competent to perform binding legal acts.
- You represent that by accepting these Terms and / or by using the Services you are of the legal age to enter into a binding contract with buywith.
Description of the Services
- The Platform enables users of e-commerce sites to open a channel of communication with any third party with whom they wish to share the purchase experience on the digital trading site or to join a communications channel as stated in the user’s invitation by means of chat, voice call or video call and at the sole discretion of us.
Access to services
- It is your responsibility to ensure that your mobile device or computer meets all the necessary technical specifications to allow you access and use of the Services. We do not provide you with equipment to enter and / or use the Services. You are responsible for all charges collected by third parties relating to your access to and use of the Services.
- buywith cannot guarantee that the Services will always operate without interruption, delay or error. There are several factors that may affect the quality of your communications and use of the Services and lead to your inability to communicate, including without limitation your local area network, your firewall, your ISP, your public Internet, and your power supply. buywith assumes no responsibility for any disruption, disruption or delay caused by any problem or discrepancy in any of these factors or other factors over which we have no control, including, without limitation, problems or delays arising from labor disputes, strikes, interruption of activity, shortage or failure ability to obtain electricity, raw materials or equipment, war, terrorism, riots or force majeure.
Registration to the Platform
- The use of the Platform is done automatically after you have approved these Terms. As far as you have already identified yourself on the digital trading site from which you are using the Platform, this use is based on providing identical details to those you gave to such digital trading site.
- If you choose to securely communicate with the Platform on the basis of your login information you have entered to the digital trading Site from which you have accessed the Platform, you are solely responsible for keeping such login information confidential. buywith shall have no responsibility for the unauthorized use of any third party by using your login information.
- buywith may refuse to grant access to the Services or suspend or terminate your Account without notice, for any reason, including without limitation any suspicion that these terms have been infringed, unlawful or improper use of your account, or unlawful or inappropriate use of the Services, As defined below, in products or intellectual property of buywith, as determined by buywith in its sole discretion. You may lose your username as a result of the termination or suspension of the account, without any liability on the part of buywith for any damage caused by the foregoing. If you have more than one account, buywith may suspend or terminate all of your Accounts.
- You acknowledge that buywith is not required to provide you with notice prior to suspension or termination of your account. In the event that buywith completes your account, you will not be able to participate or use the Services again without the express consent of buywith. buywith reserves the right to refuse to keep accounts and to provide access to other services to any person. You must not allow a person whose accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account by mistake, please contact us at: email@example.com
Rules of conduct and use
- You warrant and acknowledge that you have full right and authority to use the Services and be bound by these Terms. You agree to comply with these terms and with all applicable laws, regulations, statutes, and local ordinances governing your use of such Services. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding internet conduct. You also agree to comply with all applicable laws that affect the transfer of content or the privacy of individuals.
- You warrant that you will not compromise or attempt to deceive buywith or other users and that you will not act in bad faith in your use of the Services. If buywith determines that you have acted in bad faith and / or in breach of these conditions, or if buywith determines that your actions are not in accordance with reasonable standards, we may, at our sole discretion, terminate your account and prohibit you from using the Services. In addition to the foregoing, as an example and not as a limitation, you agree not to:
- Create an Account or access the Services if you are blocked from receiving the Services pursuant to these Terms or any applicable law;
- transmit or otherwise distribute any material that is vulgar, obscene, obscene, pornographic, sexual, or otherwise, in the opinion of a reasonable, abusive or otherwise objectionable person;
- Slander, ridicule, defame, ridicule, stalk, intimidate, threaten, harass, or hurt anyone on the basis of race, ethnicity or otherwise;
- Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or reverse engineer (unless expressly authorized by or under applicable statutory law), modify or modify any part of the Platform and/or Services;
- Upload or transmit (or attempt to upload or transmit) files containing viruses, trojans, worms, time bombs, cancelbots, corrupted files or data, or any other similar program that may interfere with the operation of the Services Or computers or mobile devices of other users of the Services;
- Violate any contractual, personal, intellectual or other rights of any party, including by using, uploading, transmitting, distributing or otherwise publishing any information or material made available through the Services in any manner that infringes copyright, trademarks, patents, secrets Commercial or any other right of any party (including rights of privacy or publicity);
- Create a false identity, multiple identities, multiple user accounts, create an account on behalf of someone other than yourself, use bots or other automated programming programs to defraud or otherwise violate these terms and / or third party application terms;
- Try to obtain passwords or other personal information from other authors, including personally identifiable information (whether text, image, or video), identification documents, or financial information;
- Prepare and / or make representations regarding and / or in connection with buywith that buywith has not approved in advance and in writing. You must obtain prior written permission from buywith for the content of any marketing ad and for any use of the trade name and / or trademarks and / or samples of buywith in connection with the Services;
- Rent, lease, sell, trade, give, give or otherwise transfer your account to anyone without the prior written consent of buywith;
- Enter into or use an account that has been leased, sold, traded, given as a gift, awarded in succession or transferred in another produced account without the prior written consent of buywith;
- Engage in any fraudulent act with respect to payment methods or tracking mechanisms of advertisers;
- Violate any applicable law or regulation or encourage or promote any illegal activity including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, hacking or distributing counterfeit software or fraudulent or hacking services; And / or
- Use the Services responsibly. To make sure that you and those around you are safe, be alert and aware of your environment.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT BUYWITH WILL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF YOU DIRECTLY OR INDIRECTLY FROM THE INCOME AND / OR USE OF THE SERVICES.
- If you believe that you may be hurt or damaged as a result of the entry or use of the Services, whether directly or indirectly, do not use the Services.
Ownership of intellectual property
- All copyrights and intellectual property in connection with the Platform and Services, of any kind, including the information, content, data, trademarks, presentation and design of the Platform and/or Services and any matter or detail relating to the Platform and/or Services are the sole property of buywith or of third parties who have given permission to buywith to use then. You may not copy, distribute, reproduce, sell, translate or otherwise perform any kind of action in any kind of text, image, trade mark or any other information appearing on the Platform.
- You hereby grant the Platform the right to make use, edit, modify, adapt, publish, translate, distribute, etc., any content uploaded by You to the Platform by means of a free, international and unlimited time license to copy, reproduce, distribute, market, transmit to the public, process, edit, translate and use such content in any other way, at its discretion, including the site, print, digital media and other websites unless You receive our prior written approval.
- These Terms do not grant You or any other party intellectual property rights or other rights to the Platform, Services and/or the information or the content contained therein.
Exempt clause; Limitation of liability; Indemnity
- You agree that your use of the Services is at your own risk. Services are provided on an “As Is” and “AS AVAILABLE” basis. You are solely responsible for any action or omission that may be performed or performed by relying on the Services. TO THE EXTENT PERMITTED BY LAW, BUYWITH, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DO NOT HAVE ANY IMPLIED WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR SERVICES AND USE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, PUNCTUALITY, PERFECTION AND TIMING.
buywith assumes no liability for any:
- Error, inaccuracy and/or incompatibility of any content;
- Direct, indirect, special, incidental, punitive or consequential damages, including, without limitation, personal injury, property damage and / or financial damages of any kind arising from the use or inability to use the Services;
- Unauthorized access to or use of third party materials, secure servers and / or any personal information and / or financial information stored therein;
- Interruption or interruption of transfer to or from the Services;
- Results obtained as a result of using the Services;
- The quality of any information or other material obtained by you through the Services;
- WITHOUT DEROGATING FROM THE FOREGOING, BUYWITH, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND / OR EMPLOYEES SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF YOUR USE OF THE SERVICES OR OTHER MATERIALS WHICH YOU HAVE ACCESSED OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTIES, CONTRACTS, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW IN THE RELEVANT JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE THAT BUYWITH WILL NOT BE LIABLE FOR ANY USER’S REPRESENTATION AND / OR OFFICIAL, INCIDENTAL, AND / OR ILLEGAL ACTION BY ANY THIRD PARTY AND THAT THE RISK OF ANY IMMEDIATE OR CONSEQUENTIAL DAMAGES AND / OR RELATED TO THE ABOVE IS APPLICABLE TO YOU. WITHOUT DEROGATING FROM THE FOREGOING, IN ALL CASES, THE MAXIMUM LIABILITY OF BUYWITH IN ALL CASES AND FOR ALL THE CAUSES WILL BE LIMITED TO US $ 100.
- In the event that you are dissatisfied with or disallow these Terms and / or Services, your sole and exclusive remedy is to terminate your use of the Services, even if such right or remedy is considered to be contrary to its primary purpose. You acknowledge that buywith has no obligation, liability or other responsibility to you or to any other party.
- You agree to indemnify and hold buywith and any of its directors, officers, agents, contractors, partners and employees from any liability for any loss, liability, claim, demand, damage, compensation, costs and expenses, including reasonable attorneys’ fees Related to any of the following:
- Your use and access to the Services;
- Your violation of any of these Terms;
- Your breach of any third party rights, including without limitation, copyright, intellectual property rights or privacy rights;
- Any claim that a user submitted by you caused damage to a third party; or
- Any user content you have uploaded or shared in or through the Services.
- Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above circumstances, exclusions or limitations do not apply to you and you may have additional rights.
Third Party Materials; search engines
- You may access, review, display or use the services, resources, content, information or links of third parties to other sites or resources (“Third Party Materials”) through the Services. The Third Party Materials are not under the control of buywith and you acknowledge that you assume exclusive responsibility and assume all risks arising from the introduction, use or reliance on such Third Party Materials, buywith shall not bear any liability incurred by you as a result of the introduction, use or reliance on Third Party Materials through the Services. You acknowledge and agree that buywith: (i) is not responsible for the availability, accuracy, completeness, quality and / or legality of such third party materials and / or the products and / or services available in such Third Party Materials; (ii) is not liable to you or to any third party for any damage, damage or loss resulting from your entry or use of the materials of such third parties; And (iii) makes no warranty to remove access to Third Party Materials through the Services. Your ability to enter into a link to Third Party Materials or third party services does not imply any sponsorship by buywith of Third Party Materials or services of any third parties.
- These Terms do not authorize you to use Third Party Materials and you are prohibited from using them except for the extent expressly permitted by the owner of such Third Party Materials, and such owner has the right to sue you for any unauthorized use of their Third Party Materials.
- Without derogating from the rights and remedies of buywith under these Terms and / or any applicable law, buywith will be entitled, in its sole discretion, to immediately terminate the Services or any part thereof, including termination of your Account, in any case of violation or alleged violation, of any third party right in connection with Third Party Materials.
- You may not use Third Party Materials for which you have not obtained appropriate approval. buywith is unable to grant permission to use the content of third parties.
- We may deliver any notices, including notices of changes to these Terms or to other matters by displaying messages or links to messages within the Services You agree that all agreements, notices, disclosures and any other communications sent by buywith as aforesaid and all emails sent to you will constitute sufficient and valid communications with You, whether you have entered or read the message or not and will be deemed to have been sent to you, whether received by you or not.
- By using or visiting the Services, you agree that all laws of the State of Israel, regardless of conflict of law rules and regardless of your location, will govern these Terms and any dispute of any kind between you and buywith. Any litigation or dispute between you and buywith that will be wholly or partly derived from your use of the Services shall be heard and / or litigated exclusively by a competent court located in Tel Aviv, Israel, and you agree and waive any claim of lack of local authority and inappropriate forum regarding place and authority The jurisdiction of the courts of Tel Aviv, Israel.
- Notwithstanding any conflicting law or legislation, you agree that any claim or cause of action arising out of or relating to the Services will be filed within one (1) year after the cause of action has occurred, otherwise the cause of action will be permanently dismissed.
- Any non-enforcement by buywith of any provision under these Terms shall not constitute a waiver of any further enforcement of any rights, covenant or of any other provision. If, for any reason, a competent court determines that any provision under these Terms is invalid or unenforceable, this provision shall be enforced to the extent possible and the remaining provisions of these Terms shall remain in force.
- These Terms constitute the sole and exclusive understanding between You and Us of their contents and supersede all prior, current or current price, agreement, correspondence or understandings, whether written or oral, relating to their contents. We may revise these Terms. In such case, changes to these Terms will not apply retroactively and will become effective fourteen (14) days after we advise you of such changes, by email message to the address you provided us when you onboarded to the Platform. Your continued use of the Platform after the effective date of the amended Terms constitutes your consent to the amended Terms.
- If you have any questions about these terms or any other matter concerning buywith or the Services, please contact us at [firstname.lastname@example.org].
Last Update: 08, 2023.
Welcome to buywith Marketplace, a Platform that allows influencers in the social media like you (“you”, “Influencer”) to cooperate with fashion and lifestyle brands (the “Brand(s)“, “Affiliate(s)“) to expose your followers to the Brands’ products during online, live shopping sessions that you lead (the “Marketplace“, “Platform“).
THE TERMS SET FORTH BELOW CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND BUYWITH. THESE TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF BUYWITH MARKETPLACE. IN ORDER TO USE THE MARKETPLACE, YOU MUST CONFIRM THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS IN ENTIRELY, DO NOT REGISTER OR USE THE MARKETPLACE.
ABOUT THE PLATFORM
Shopping sessions. buywith is a web-based Platform that enables you to connect and collaborate with Brands to provide them marketing and promotion services by leading online, live shopping sessions for your social media followers, contacts and others (“followers”), in exchange for a commission determined by the Brand (commission rates and payment terms will be available and presented on each brand page on the Platform).
You may only use the Platform if you are an individual over the age of 18. We may terminate your use of the Platform if we find that you are younger than the minimum age specified above. We may at any time request additional information to confirm your age.
USE OF THE PLATFORM AND RESTRICTIONS
Use of the Platform. After you register to the Platform, you may choose a Brand from among the Brands available on the Marketplace with whom you wish to collaborate and promote on your live session. Some Brands do not require an admission or Brand’s prior approval. Some Brands may require your admission. Those Brands may accept or decline your request for collaboration in their sole discretion, and buywith has no control or influence over Brand’s decision. A notice regarding the status of your admission will be send to you via email or the Platform.
By accepting these Terms, you agree and acknowledge that Brands may review your profile and send you notifications, messages, and requests in regard to potential collaboration.
Inviting your followers. If the Brand accepts your request, the Platform will provide you with a unique URL which you may share with your followers in order to invite them to the online live shopping session you will lead.
By clicking the URL, followers will first register to the session by adding their personal contact details including their email and phone number. In order to join the live session, followers may click the URL at the beginning of each session and will be shifted to buywith Platform in order to watch the session. Followers’ details will be stored in buywith’s database. Followers’ information that we collect automatically when a follower clicks on the URL, as well as information you provided to us (if any), is owned exclusively by us and we may use it for any commercial purpose we deem appropriate. You will not be entitled to any remuneration from us for our use of followers’ information that we collect with your indirect assistance.
Restrictions. Subject to these Terms, you may use the Platform, only for the purposes of your business as an Influencer.
You must use the Platform in accordance with the guidelines we separately convey to you.
While using the Platform, you must refrain from:
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Platform;
- Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
- Interfering with, burdening or disrupting the functionality of the Platform;
- Breaching the security of the Platform or identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of the Platform, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Platform;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Platform;
- Displaying the service or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Platform, independently from the manner on which they originally appear or are made available through the Platform;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users of the Platform.
- You may not access or use the Platform in order to develop or create a similar or competitive Platform.
Commision’s rate. Subject to these terms, the Influencer shall be entitled to a commission for each Successful Purchase made by a follower. Successful Purchases are the Net amount actually paid by a consumer for one or more purchases they made from the Brand, excluding shipping and handling costs, sales tax, VAT, withholding tax and any other surcharge, which purchases are completed by a follower of yours while using the unique URL assigned to you, subsequent to the online shopping session you’ve led and within the timeframe specified below. The applicable session commission is a percentage of the Successful Purchases as defined above.
The exact rate will be determined by each Brand at its discretion, and shall be presented on each Brand’s page on the Platform.
For the avoidance of doubt, Influencer will not be entitled to any remuneration whatsoever if no Successful Purchases are made.
Measurements of Successful Purchases. Measurements of Successful Purchases for billing purposes will be subject to reports provided by the Brand and buywith’s affiliates network (the “affiliate network”), and will be available to Influencer to review either manually or via a unique dashboard.
Eligibility. Influencers will be entitled for a commission for each Successful Purchase made following the live session in accordance with the terms and policies of each Brand. This is the sole and exclusive remuneration due to the Influencer in consideration of these Terms.
The Influencer is responsible for all taxes, duties and charges imposed by law on any amounts payable by buywith hereunder, including sales tax, VAT, withholding tax. buywith may charge Influencer for such taxes, deduct them from payments due to Influencer, or have Influencer reimburse buywith for such taxes. Influencer shall file all tax ilings required under applicable law and shall provide buywith tax certificates or authorizations reasonably requested by buywith to enable buywith to process payment of applicable fees to Influencer.
buywith reserves the right to deny commission from the Influencer if buywith reasonably believes the Influencer engaged in dishonest conduct when engaging followers. Furthermore, buywith reserves the right to claim back any commission already paid for such activities.
buywith will offset or collect back commission from the Influencer for Successful Purchases that the customer returned to the Brand. buywith may make pro rata adjustments from any subsequent payment of applicable commission, on an amount equivalent to any previously paid commissions for Successful Purchases that are refunded to the purchaser.
Terms of Payment. The commissions will be collected from the Brands by buywith via the affiliates network, and will be transferred to you subject to the terms of the affiliates network available here: https://www.cj.com/legal/psa-us. Payments shall be made through an online payment method we determine.
Except as set forth below, we and our licensors own all rights, title and interest in and to the Platform, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.
Influencer hereby acknowledges and agrees that buywith is and shall remain, at all time the sole and exclusive owner of any of the works, texts, videos, photographs, video and recording outputs of the session(s), and of any form or nature, produced, created, developed and/or reduced to writing in connection with and/or as a result of these Terms. As the owner of such assets, buywith may use such assets in any way buywith deems fit, including sublicensing these rights to third parties such as the Brands.
We encourage you to provide us feedback regarding the Platform, its operation and its functionality (“Feeback”). Any Feedback you provide us will be owned exclusively by us and we may use it for any commercial purpose we deem appropriate. You will not be entitled to any remuneration from us for our use of Feedback that you provide.
Other than as expressly permitted in the Terms, you may not copy, reverse engineer, modify or create derivative works of the Platform.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks and logos. You must refrain from any action or omission which may dilute or damage our goodwill.
CHANGES AND AVAILABILITY
Changes in the Platform. From time to time, we may change the Platform’s structure, layout, design, scope, features, display, or the access thereto, without prior notice.
Availability. We will endeavor to have the Platform operate properly. However, the availability, quality and functionality of the Platform depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free. We do not guarantee that the Platform will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors, omissions or malfunctions. If we receive notice of any failure or malfunction, or if we become aware of them by ourselves, we will attempt to regain the Platform’s availability as soon as practicable. However, such incidents will not be considered a breach of these Terms.
Changing these Terms. We may revise these Terms. In such case, we will notify you of the amended Terms. Your continued use of the Platform after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to these Terms. The latest version of the Terms will always be accessible through the Platform. In any event, if you do not consent to the amended Terms, you must discontinue your use of the Platform.
DISCLAIMER OF WARRANTY
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED INCOME OR BENEFITS.
WE DO NOT WARRANT THAT (1) THE PLATFORM WILL OPERATE UNINTERRUPTEDLY, ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE PLATFORM WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE PLATFORM, AND THE CONTENT AND GUIDANCE AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE GUIDANCE PROVIDED TO YOU TROUGH THE PLATFORM WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS AND BENEFITS OF THE USE OF THE PLATFORM WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE THESE TERMS, PLATFORM, ITS USE OR THE INABILITY TO USE IT OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE PLATFORM, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATION YOU MAKE WITH THE BRANDS THROUGH THE PLATFORM. OUR TOTAL AND AGGREGATE LIABILITY TO YOU ARISING FROM, OR IN CONNECTION WITH THE THESE TERMS OR THE PLATFORM, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, SHALL NOT EXCEED $10. NOTHING HEREIN SHALL LIMIT OUR LIABILITY FOR (A) WILLFUL MISCONDUCT, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, (C) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, AND FOR WHICH LIABILITY CANNOT BE LIMITED AS A MATTER OF APPLICABLE LAW.
You will indemnify and hold us harmless, to the maximum extent permitted by law, from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any allegation or claim brought against us in connection with your use of the Platform and your breach of these Terms.
We may, at any time, discontinue or terminate the operation of the Platform, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.
Force Majeure. If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
Independent Contractor. The Influencer is an independent contractor. The Influencer acknowledges and agrees that (i) the Influencer is solely responsible for the manner and form by which the Influencer performs under these Terms, and (ii) the Influencer is a self-employed individual, who performs services for various brands.
Choice of Law. These Terms shall be construed and enforced pursuant to the laws of the State of Israel. All disputes arising out of or in connection with these Terms will be finally settled under the sole and exclusive jurisdiction of the competent courts in Telâ€“Aviv without regard to issues arising of conflicts of laws.
Items to Avoid in Influencer sessions. The Influencer agrees to avoid mentioning the following agreed competitors of buywith: Dote Shopping, Bambuser, Shopcast (Bunting), Pop Shop Live, Whatnot, shopshops, NTWRK, Livescale, Shooploop, Liketoknowit, Lisa, Flipfit, MikMak, Yeay , SuperGreat and Newness. The Influencer agrees to abide by the general guidelines, rules and customs applicable to the Services, including (without limitation) that all sessions will be in good taste and free of inappropriate and/or offensive language and/or defamatory content and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. In addition, the Influencer agrees to avoid posting other sponsored content on any day when a live shopping session is held.
Material disclosures and compliance. When operating the live sessions, the Influencer must clearly disclose his/her “material connection” with the Brand, including the fact that the Influencer was given any consideration, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that the Influencer makes about the Brand products or services.
The Influencer’s statements should always reflect the Influencer’s honest and truthful opinions and actual experiences. The Influencer should only make factual statements about the Brand or the Brand’s products which the Influencer knows for certain are true and can be verified.
The Influencer shall abide by the terms, guidelines and rules applicable to the social media platform Influencer uses posts. The Influencer must not use inappropriate or offensive language, defamatory content or any otherwise morally or legally objectionable content in Influencer’s posts.
Last Update: 08, 2023.