Terms and conditions
These Terms and Conditions constitute a binding contract between BINFLUENCER COLABORACIONES, S.L., a Spanish corporation domiciled at C/ Poeta Mas y Ros, 110 – 6, 46022 Valencia, with Tax Identification Number B-87651949, registered with the Mercantile Register of Valencia, Volume 10180, Page 107, Section 1, Sheet V-172746 (hereinafter “BINFLUENCER” or “we”) and You.
This page (together with other documents referred to on it) contains the Terms and Conditions under which you may make use of our website (hereinafter generally referred as the “Service”), whether as a guest or a registered user. Please read these terms carefully before you start to use the site. By using our site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree with these terms and conditions, please refrain from using our site.
To become a user of our site, You will be requested to complete a registration form in which you will fill in your personal details and (as the case may be) the details of the individual or company represented by You. You represent and warrant the accuracy of the details therein completed, as well as the validity and sufficiency of the powers with which (as the case may be) You act to represent any individual or company.
BINFLUENCER may at any time request You to provide proof of your identity and/or your powers of attorney to act on behalf of others, by providing a photocopy of your PoA, your Tax/National Identification Document or equivalent. Your failure to provide this information within the time stated by BINFLUENCER may lead to the termination of the Service.
BY ACCESSING AND/OR REGISTERING ON THE WEBSITE EITHER DIRECTLY OR THROUGH THE SITES OF ANY OF OUR PARTNERS YOU REPRESENT AND WARRANT TO HAVE READ, UNDERSTOOD AND ACCEPTED WITHOUT ANY RESERVATIONS EACH AND EVERYONE OF THE FOLLOWING TERMS AND CONDITIONS. OTHERWISE, YOU ARE KINDLY ASKED TO REFRAIN FROM ACCESSING OUR SITE, SINCE YOU CANNOT USE THIS SERVICE.
Purpose. Description of service
The purpose of these Terms and Conditions is to establish the conditions of BINFLUENCER’s services, which are provided at our website that creates an online platform that:
- Advertisers (individuals or companies, marketing agencies or brands) may use to (i) design, launch, monitor and manage one or more influencer marketing campaign(s), (ii) select the most suitable influencer(s) for each campaign and (iii) send a service proposal to those influencers.
- Influencers (or their agents) may use to accept or reject the proposed service.
The services provided by BINFLUENCER are available exclusively to registered and authorized users.
Registration is completed on the Website. To access the Service, You must register yourself by completing the relevant form.
You represent and warrant that the information provided by You to register with the Service and any other personal or company details given by You to BINFLUENCER are true, up-to-date and complete, and you undertake to notify us of any changes or updates in the related details.
You further certify that you are in possession of all the applicable rights and authorizations required concerning the data and information provided to BINFLUENCER and uploaded on our site by You, first at registration and thereafter, on the use You make of the site.
During the registration process, You must choose a password. You have full responsibility for looking after it and keeping it secret. BINFLUENCER will not reveal your password to third parties.
BINFLUENCER will not be responsible for undue use of the password or for consequences of any nature arising from misuse, loss or forgetfulness of passwords or undue use thereof by unauthorised third parties.
You cannot register more than one user on behalf of the same individual or company. BINFLUENCER cannot guarantee the identity of the Users, who will assume full responsibility in the event of fraudulent registration or identity theft.
By using our Service, You agree and undertake, on an obligatory basis, to use the service correctly, respecting these Terms and Conditions and the prevailing law, whether national or international, as well as the principles of good faith, morals and public order, and the obligation to diligently observe any additional instructions that may be given by BINFLUENCER in relation to use and access.
Specific terms and conditions for ADVERTISERS
As advertiser, upon registration, You are entitled (and expected) to design and launch marketing campaign(s) on our site and use the search tool available on the site to select the most suitable influencers for the campaign. You must follow the process outlined on our site and fill-in all the information requested on the site.
You represent and warrant that each and every campaign launched by You corresponds to real and accurate marketing campaigns, pursuant to prevailing legislation. Campaigns that discriminate on the basis of gender, religion, disabilities, impairments or race, among others, are illegal and will not be managed by BINFLUENCER.
BINFLUENCER reserves the right to withdraw any launched campaign that it considers to contravene the current law and/or these Terms and Conditions.
Once you introduce the details of Your campaign, the platform will present you with a selection of suitable influencers, together with a suggested price per marketing action (i.e. post) for each of them.
Once you have chosen the influencers you want to engage and paid for the service (unless you have chosen the subscription payment option described below), BINFLUENCER will contact the influencers of your choice inviting them to accept the service.
You acknowledge and accept that the influencers of your selection may reject the service proposal.
Influencers that have accepted the service will appear on your dashboard.
If not all the influencers of your choice accept the service, at your choice, BINFLUENCER will either:
(i) introduce alternative influencers to fill-in for the ones that rejected the service, or
(ii) fully reimburse the costs associated to the services not provided (either corresponding to influencers that rejected the service or to marketing actions not completed by influencers actually engaged), on the 15th day of the month immediately following the one when the campaign has been completed.
You can modify the terms of the campaign at any time.
However, BINFLUENCER will only reimburse to You the cost of any marketing actions engaged if the relevant influencer has not accepted the service. Once each influencer accepts the service, the amounts paid become non-reimbursable.
You may include new influencers during the campaign but the cost of these new engagements cannot be set-off against the non-reimbursed amounts that correspond to services untimely cancelled as described in the paragraph above.
3.2. Payment terms
Access to the platform is free, but launching a campaign is not a free service.
The cost of each campaign will be stated on the website. Payment thereof will be made:
(i) in advance, per each campaign launched (via credit/debit card or paypal), or
(ii) at the end of each month (via direct debit or money transfer)if you choose to enter into a subscription agreement.
BINFLUENCER will invoice you according to your payment choice, and will present You with an electronic invoice including the cost of the campaign plus applicable VAT.
BINFLUENCER will handle the payments due to each influencer.
Any reimbursements due (as per this terms and conditions) will be paid on the 15th day of the immediately following month.
3.3. Features of the dashboard for agencies
If you are an agency, You have an option in Your dashboard that allows You to display the campaigns updated with your commercial margin.
Specific terms and conditions for INFLUENCERS
4.1. Acceptance or rejection of services
If and when you receive a campaign proposal, you have seven days to accept or reject the service, unless the advertiser or BINFLUENCER decides to remove you from the campaign before your acceptance.
If you accept the proposal, You undertake to conduct the required services following the instructions received from the platform.
4.2. Economic terms
BINFLUENCER will pay your fees.
Payment will be made within 30 days of the satisfactory completion of the services engaged to You, against a proper invoice received from You.
Your fees will correspond to the amount established in the service proposal accepted by You (always provided You have fully complied therewith, otherwise, You will be paid in proportion to the actual services provided). You are neither expected nor authorized to incur in any additional reimbursable expense.
It is hereby FORBIDDEN, and therefore, You will be solely responsible for any resulting consequences, to use BINFLUENCER’s Service for any unauthorised or illegal purposes, whether for profit or not, and specifically, for any of the reasons, including but not limited to the following list:
- House, store, disclose, publish, distribute or share any information that (i) may be considered any manner of breaching the fundamental rights to honour, image and personal and family privacy of third parties and, in particular, minors; (ii) undermine confidentiality in communications or regulations for the protection of personal data; (iii) infringe industrial and/or intellectual property rights or third party image rights; and/or (iv) be illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or contravene morals or public order in any way.
- Use the Service to defame, intimidate, injure or violate personal image or harass influencers or other individuals or companies.
- Make illicit or undue use of the Service or any other use which may damage, overload or harm BINFLUENCER’s website and platform.
- Introduce computer viruses, faulty files or house, store, distribute or share any other IT material or software that may damage or alter BINFLUENCER’s content, software or systems.
- Alter or modify any part of the site or platform, eluding, deactivating or manipulating in any other way the website’s functions.
- Use the Service for unauthorised submission of (i) unsolicited publicity or commercial communications, unsolicited messages with advertising purpose or used for unauthorised capture of data and/or e-mail addresses for the same purpose; and/or (ii) unrequested mass and/or repetitive e-mails sent to a number of people irrespective of their contents.
- Urge, ask or request personal details from influencers or request passwords or personal details through the website.
- Create a false identity, provide and/or use false details in your user profile or space, make false statements, provide false information about You or your company and other persons and/or your relationship with them.
- Register on behalf of another physical individual or legal entity without the proper authorisation to do so, or any other means of unauthorised use of other identities and, in particular, identity theft.
- Use any technical, software or technological resource by virtue of which any other person, user or non-user of BINFLUENCER, may benefit, directly or indirectly, for profit or not, from the profiles and website content.
- Insert on any website, forum or any other social networking site, a link, hyperlink, framing or similar link that would redirect without permission to information posted on this website (including, but not limited to influencers’ profiles).
Performance by You of any of the above, for profit or not, or breaching any other aspect of these Terms and Conditions, will enable BINFLUENCER, depending on the seriousness and based on its criteria, to suspend or cancel your access (deleting your user profile) and the Service immediately and, if applicable, directly withdraw and delete from the site any content or data that may lead to any of the above infringements. If, in accordance with the above, BINFLUENCER decides to suspend or cancel the Service, such action will under no circumstances give You the right to receive compensation.
Exemption from liability
6.1. For information uploaded by users
The campaign details and influencers’ profiles displayed on our site are provided without any guarantees, conditions or warranties as to their accuracy.
BINFLUENCER does not accept any liability for information displayed on our site that has been either (i) uploaded to the platform by users or (ii) extracted from the influencers’ personal profiles on social networks, which may affect your company in any way. Upon registration at BINFLUENCER, the users undertake to make reasonable use of the Website and space given, as well as to use its content pursuant to applicable legislation and the legitimate rights of third parties.
BINFLUENCER is a website platform where advertisers are able to design, launch and monitor marketing campaigns, engaging the services of certain influencers, and is enhanced with a search tool that helps advertisers in the selection of the most suitable influencers for those campaigns. BINFLUENCER does not assume any liability for the eventual relationship that You may have or acquire with other users, and does not guarantee the effective engagement of suitable influencers or make any statement or provide any guarantee with respect to the information uploaded by influencers on their profiles or the availability or actual suitability of influencers for the services requested by the advertisers, and does not act as a Temporary Employment Agency.
BINFLUENCER is not liable for the content, files, information, opinions, concepts or images that are not managed by BINFLUENCER or under BINFLUENCER’s responsibility.
6.2. For content housed on pages (including social network profiles) that may be accessed from BINFLUENCER:
BINFLUENCER will not be held liable for the edition, review, censorship or verification of the content, files, information, publicity, opinions, concepts or images on the websites or pages (including social network profiles) which may be reached through hyperlinks included on the website.
BINFLUENCER will not be held liable for any content, files, information, opinions, concepts and images issued, published or distributed directly and indirectly through pages accessible from BINFLUENCER, any interconnected website accessed through the website by links or any of the services linked or related to the interconnected website.
Similarly BINFLUENCER will not be responsible for the services, goods or products that may be acquired from or contracted by third parties through access to BINFLUENCER, especially in cases in which the purchase or contracting process is made directly on a third party webpage even if it has been accessed from our site.
6.3. For BINFLUENCER’s operations:
At BINFLUENCER we provide services on an ongoing basis, using all the technical means within our reach to satisfactorily carry them out.
BINFLUENCER may, when it deems necessary, make corrections, improvements or changes to the Service provision or the content of the site, that we aim to update regularly, without it either leading to or generating the right to a complaint or compensation, and without implying the recognition of a liability.
BINFLUENCER will not be liable for any damages whatever the nature which may arise from the availability or technical continuity of the Service’s operations. In any event, BINFLUENCER will do everything necessary to re-establish its services in the event of a technical fault.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, including to users who have registered with us.
6.4. For campaigns launched via our Service
BINFLUENCER suggests suitable influencers, but does not provide advertisers with any type of professional advice and/or recommendation whatsoever. Advertisers that use our Service are free and autonomous to choose influencers or not. Therefore You release and exempt BINFLUENCER from any frustrated expectations as to the success of each campaign.
You accept in any case to limit the amount of damages claimed to the reimbursement of the price paid.
Industrial and intellectual property
BINFLUENCER holds all the industrial and intellectual property rights to its website. It is strictly forbidden to establish, reproduce, distribute, publicly disclose, transform, and in general, carry out any activity that exploits in full or in part the content (images, texts, designs, content, forms, etc.) composing the Website, as well as the databases and the software required to view or operate it and to provide the Service, which has not received express authorisation in writing from BINFLUENCER.
You may under no circumstances directly or indirectly exploit or use for commercial purposes, any of the content (images, text, designs, content, forms, etc.) in full or in part which may compose the Website without prior written authorisation from BINFLUENCER.
Any brands or logos on the Website are commercial or registered trademarks owned exclusively by BINFLUENCER or used with the express authorisation of its respective owners. Under no circumstances may You use these brands or logos without the prior express written authorisation from BINFLUENCER or their respective owners.
Upon launching a campaign, Advertisers may introduce their own content (or the contents of their clients, should the Advertiser be an agency) protected by intellectual and/or industrial property rights. By doing this, Advertisers are granting BINFLUENCER express authorisation to make this content available to the influencers engaged for the campaign, online and in any country in the world during the period of time the marketing campaign remains active. Advertisers guarantee that them or their companies own (or are duly authorised to manage and release) this content and, accordingly, Advertisers will hold BINFLUENCER harmless with respect to any costs, expenses (including any reasonable legal defence fees) and possible compensation for damages arising from any third party claim as a result of a purported infringement of intellectual or industrial property rights, image rights and any other rights.
Upon executing a campaign, Influencers undertake to use the IP contents received in accordance with the instructions received from the site.
Content complaint mechanism
BINFLUENCER is not obliged to control the content transmitted through its Website. However, it will provide You with the channels required to file a complaint about any content that infringes these Terms and Conditions or current law. In this respect, You may send an e-mail to firstname.lastname@example.org, detailing the content considered illicit or that may breach these Terms and Conditions in any way, stating the reasons for making a complaint about the content, including a photocopy of your National Identification Number Document or equivalent.
Once the complaint has been made, BINFLUENCER will verify the content against which the complaint has been made and the relevant investigation will be carried out. If any of the content, files, information, opinions, concepts or images housed at BINFLUENCER are illegal, immoral, not in good faith or contrary to public order, infringe the rights of a third party, contain a virus or similar software routine or infringe these Terms and Conditions in any other way, BINFLUENCER may, at its own discretion, withdraw and/or eliminate the infringing content.
You undertake not to make any disclosures to any third party or reveal any type of written and/or oral information that You may receive whether expressly classified as confidential or which, due to its nature or the circumstances under which it was disclosed, it may be reasonably deduced that it must be treated as confidential, requiring the confidentiality of the received information to be protected, in the same way that You protect your own similar information, which may not be copied or reproduced without the prior written consent of BINFLUENCER, as well as returning all confidential information received from BINFLUENCER irrespective of the format in which it was delivered, once the campaign has been completed or when requested by BINFLUENCER.
Termination of Service
BINFLUENCER’s Service will have an indefinite term if not agreed differently between You and BINFLUENCER. You are free to terminate this contractual relationship at any time without any prior notice, by submitting written notice to BINFLUENCER. BINFLUENCER will delete any content uploaded by you to the site and block your access to the website at no extra charge. Subsequently, You may re-register with the Service by registering on the Website again.
By breaching any of the obligations, commitments or guarantees contracted under these Terms and Conditions, You are authorising BINFLUENCER to end the provision of the Service, without requiring BINFLUENCER to give prior notice or without the termination resulting in any compensation for You.
Changes and amendments in the Terms and Conditions
BINFLUENCER may at any time amend these Terms and Conditions or introduce new special terms and conditions of use for specific services, by amending this page.
If any regulatory, legal or policy action takes place which, in BINFLUENCER’s reasonable opinion, substantially restricts or hinders the website’s maintenance or makes it commercially unfeasible, BINFLUENCER will be entitled to: (i) amend the website or these Terms and Conditions to adapt to the new situation, (ii) interrupt the provision of the Service.
BINFLUENCER will be exempted from any liability arising from the action described in this clause provided that it publishes the amendments on the Website.
If any amendments are made to the website or to these Terms and Conditions and You do not contest them in writing, and continue to make use of the Service, it will be understood that You accept the new Terms and Conditions.
Applicable law and jurisdiction
The provision of these services is subject to Spanish law. Any dispute arising as a result of these services is subject to the jurisdiction of the courts and tribunals of the city of Madrid (Spain).