WEBSITE and MOBILE APP TERMS AND CONDITIONS OF USE
- About the Website and Application
- 1. Welcome to www.clubcollab.com (the 'Website') and associated mobile application called “Club Collab” (the ‘App’). The Website and the App facilitate interactions between:
- Businesses, companies, institutions or receivers of the Services (the 'Brand'); and
- Social media influencers (the 'Influencer'), making it easier for the Brand and the Influencer to locate, communicate, arrange payment and deliver the Influencer-related services in a fast and secure manner (the 'Services').
- 2. Any references to the Website herein include the Club Collab App.
- 3. The Website is operated by Bizfluence Pty Ltd (ACN 638 110 880) herein referred to as Club Collab. Access to and use of the Website, or any of the Services via its platform, is provided by Club Collab. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
- 4. Club Collab reserves the right to review and change any of the Terms by updating this page from time to time at its sole discretion. When Club Collab updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Club Collab in the user interface.
- The Services
- 1. To access the Services, both the Brand and the Influencer are required to register for an account through the platform (the 'Account').
- 2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Phone number
- Full name
- Date of birth
- Social media APIs
- Business details
- 3. You warrant that any information you give to Club Collab in the course of completing the registration process will always be accurate, correct and up to date.
- 4. Once you have completed the registration process, you will be a registered member of the Website and be allocated a unique user identification number ('Member') and agree to be bound by the Terms.
- 5. You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Club Collab; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- Your obligations as a Member
- 1. As a Member, you agree to comply with the following:
- you will not share your profile with any other person;
- you will use the Services only for purposes that are permitted by:
- (i) the Terms; and
- (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
- you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Club Collab of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
- you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
- access and use of the Website are limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Club Collab;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Club Collab for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- Using the Website as the Brand
- 1. Brands must provide business name, business category, logo, vision & mission, country, city, social media platforms (login and password – this is done through an API), website link and then lastly product/service images.
- 2. Brands will post a job for a collaboration.
- 3. This job will be published on the Website.
- 4. If an Influencer accepts an offer to collaborate from a Brand, they will be required to pay the agreed fees for the Services to Club Collab (Funds).
- 5. Once the Services are rendered, the Brand will confirm receipt of the Services and the Funds will be released to the CollabWallet of the Influencer.
- Using the Website as the Influencer
- 1. Influencers must provide their full name, date of birth, gender, country, city, bio, interests, Influencer status (full time/part time), website, social links (same as Brand) and profile images. Agencies of Influencers will provide their agency name, location, website and logo.
- 2. Influencers will apply to collaborate and provide Services to the Brands.
- 3. If the Influencer accepts an offer to collaborate with the Brand, they must provide the Services as agreed between the parties.
- 4. Once the Services are rendered, the Brand will confirm receipt of the Services and the Funds will be released to the CollabWallet of the Influencer.
- Chat Feature and Stages
- 1. All Members can chat within the App and Website, and the Club Collab team does not have live access to the chat at any point. If a dispute occurs, Members may wish to screenshot chat and include it in their evidence for any complaints or moderation. This is the only way Club Collab may see previous chats as chats are considered private.
- 2. The chat features include, active statuses (active now, active 2h ago etc), Members can send files and photos to each other and each chat is linked to a collaboration.
- All Members and Website users are bound by the Club Collab Code of Conduct which is Annexure 1 to these Terms & Conditions and can be found at:
- 4. There are three different stages of a collaboration which are managed via the chat:
- “prospect” meaning there has been no agreement between the users yet,
- “active” meaning the Brand has initiated the start of a collaboration and it is in process; and
- “completed” which means the collaboration has been completed. These processes are managed through the chat.
- Payment Process and Dispute Resolution between Members
- 1. Club Collab uses Stripe as the safe payment gateway between users, although we have integrated our own process on the app and website to make it function properly.
- 2. The process begins with the Brand initiating the start of a collaboration. This is a button found in the messages between the users. Once the Brand states how much the collaboration is worth they send the request to the other user (Influencer). Then, once the Influencer accepts it the payment is withdrawn from the Brands card that they have linked to their account and held as “pending” until the collaboration has been completed.
- 3. In order to have the funds released into the Influencers CollabWallet, the Influencer must click “complete collaboration” which is found in the messages. The Brand will receive this request and if they select “complete” the funds will be released to the Influencer.
- 4. Once the Influencer has selected “complete collaboration” the Brand has three days to respond, or funds get automatically transferred to the Influencers account. If the Brand selects “decline” a depute will occur, there are two levels of dispute, the first level is for the users to discuss the dispute and come to an agreement on their own terms, if this is unsuccessful any user can take the dispute further and it will be handled by our support team. Level two escalation cannot proceed without level one first being attempted by the parties,
- 5. If the dispute gets escalated to the Club Collab Resolution Centre, there can be one of three outcomes:
- approve dispute (Influencer will not get paid for the job); or
- reject dispute (Influencer will receive 100% of the job amount); or
- partially approve the claim (Influencer will receive 50% of the job amount).
- 6. Once the Club Collab Resolution Centre has made a decision, the decision is final and cannot be argued or appealed further.
- 7. The dispute is submitted with comments and attached photos from the users for our team to make the most appropriate decision. Once Brand selects “accept” and funds are released, the Brand cannot request a refund or retrieve funds.
- 8. All paid collaborations will conclude of payment receipts being sent to both users once complete
- 9. Once a Brand has initiated a dispute, the Influencer has 3 days to respond before it is escalated to Club Collab resolution centre
- 10. By Club Collab offering the Services to you, you agree that:
- After the Services are rendered by the Influencer, the Brand will click ‘complete collaboration’ to have the funds released into the CollabWallet;
- The Brand will have 3 days to respond until the funds are automatically transferred to the Influencer’s account; and;
- The Brand is able to dispute the transaction by clicking on ‘decline’.
- 11. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment concerning your use of the Services, you warrant that you have read, understood and agreed to be bound by the Stripe terms and conditions which are available on their website.
- 12. Club Collab cannot be not held accountable for any payments or collaborations at any point, we are simply a platform to bring users together, any issues and disputes between users will not involve Club Collab.
- Subscription Fees
- 1. In order to gain access and use the Website, the Members must pay the Subscription fees applicable to them for their selected period of use (‘Subscription Term’) as advertised on the Website (‘Subscription fees’). The Subscription fees are subject to change from time to time without notice.
- Cancelling of Collaboration payments:
- 1. Club Collab offers recurring payments, when a Brand creates a collaboration ad, they set payment type, once off, weekly or monthly. This will be automatically debited from the Brand’s card to the Influencers CollabWallet on a recurring basis. These payments can be cancelled by either Influencers or Brands, and if the payment is cancelled these are the set outcomes:
The brand may request to cancel the payment at any time, the influencer will have 72 hours to agree to a refund or initiate a dispute process.
- 3. WEEKLY RECURRING PAYMENTS:
- Once brand cancels the recurring payment, the influencer will be paid for the remainder of the week and then the recurring payment will be terminated.
- 4. MONTHLY RECURRING PAYMENTS:
- Once brand cancels the recurring payment, the influencer will be paid for the remainder of the month and then the recurring payment will be terminated.
- Agency Linking Clients for Payments:
- 1. Once an agency has created a Club Collab profile, they can search their client in our database and request to link that Influencer profile to their account. Their client must already have a Club Collab account in order to show up in the search.
- 2. Once the Influencer accepts the link, their profile will now be managed by that agency, the Influencer will only have access to editing their own profile, and they will not be able to apply for any collaborations or message Brands whilst linked to an agency.
- 3. If an agency completes a paid collaboration on behalf of an Influencer, the payment will go into the agencies CollabWallet, and agencies will receive all payments from Brands in respect of their Influencer.
- 4. Club Collab does not get involved with payments between agencies and Influencers at any point.
- 5. Agencies can unlink influencers from their account. Influencers can also unlink themselves from an agency. Once unlinked, the influencers account will perform as an individual influencer account (self-managed).
- Refund Policy
- 1. The Subscription fees are non-refundable and may only be refunded in exceptional circumstances at the complete discretion of Club Collab, whose decision will be final and binding.
- 2. Once the funds are released to the Influencer, the Brand will not be able to request a refund via Club Collab and will need to deal directly with the Influencer.
- 3. Since Club Collab is only a facilitator in introducing the Brand to the Influencer and providing a system to make a safe payment, Club Collab does not hold any liability to the Brand directly and will not refund any payments made in the use of Services. Notwithstanding the above clause, if a Brand is unsatisfied with the services provided by the Influencer or believes that they may be entitled to a refund, then Bizfluence requires the Brand to:
contact the Influencer directly to request a refund; and
If contacting the Influencer is not successful after fourteen (14) days, contact Bizfluence through the 'Contact Us' section of the Website outlining why you believe you are entitled to a refund so we can determine if the Influencer should be removed from the Services.
If contacted by a Brand who is requesting a refund pursuant to the above clause, the Influencer agrees that it will immediately:
complete the Bizfluence refund request form (the 'Request Form') provided on the Website; and
provide both the Request Form and the email from the Brand requesting the refund to Bizfluence.
If the Influencer agrees to a refund it is acknowledged that the Influencer will instruct Bizfluence to refund all or part of the payments made to the Brand directly, less any fees incurred by Bizfluence in processing the refund.
Both the Brand and Influencer agree that they will comply with the Refund Policy contained in this Clause of these Terms.
- Copyright and Intellectual Property
- 1. Club Collab reserves the right to screen record / screen capture any interaction on the Website and you hereby consent to all Club Collab to capture images of you and/or text that you provide via the Website.
- 2. The Website, the Services and all of the related products of Club Collab are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Club Collab or its contributors.
- 3. All trademarks, service marks and trade names are owned, registered and/or licensed by Club Collab, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained on the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
Club Collab does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Club Collab.
- 4. Club Collab retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- 5. You may not, without the prior written permission of Club Collab and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- 6. Where you broadcast, publish, upload, transmit, post or distribute any text or images on the Website (Your Content) , then you grant to Club Collab a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
- General Disclaimer
- 1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- 2. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Club Collab will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- 3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Club Collab makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Club Collab) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Club Collab; and
- the Services or operation in respect to links which are provided for your convenience.
- 4. You acknowledge that the Club Collab Website and the Services are only intended to facilitate the interactions between the Brand and the Influencer and do not offer any services other than the Services and Club Collab holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
- 5. All content on the Website may not be factually accurate and we are not held responsible for any misleading or false information published by any Member or third parties.
- 6. In the event Club Collab becomes insolvent, as Club Collab does not hold Members’ money and all payments are made through Stripe. All refund requests of Services will require directly dealing with Stripe.
- 7. In the event Club Collab becomes insolvent, any collaborations that were taking place during the time Club Collab becomes insolvent, will not be the responsibility of Club Collab and you release Club Collab of any liability for any direct or indirect loss or damage.
- Limitation of Liability
- 1. Club Collab's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- 2. You expressly understand and agree that Club Collab, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- 3. You acknowledge and agree that Club Collab holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
- Termination of Contract
- 1. Club Collab may terminate any Membership or user account without any notice at any time for no reason.
- 2. If you want to terminate your Subscription, you may do so by providing Club Collab with at least 30 days' notice of your intention to terminate prior to the end of your Subscription Term by sending a notice of termination to Club Collab via the 'Contact Us' link on our homepage.
- 3. Club Collab may at any time, terminate your Subscription with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Club Collab is required to do so by law;
- Club Collab is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Club Collab is, in the opinion of Club Collab, no longer commercially viable.
- Blocking a user: blocking a user will simply disable further messaging until unblocked, however all chat data will remain readable by a user.
- 4. Subject to local applicable laws, Club Collab reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Club Collab's name or reputation or violates the rights of those of another party.
- 5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Club Collab have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- 1. You agree to indemnify Club Collab, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or
- any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute
') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their costs associated with the mediation;
- The mediation will be held in Brisbane, Queensland, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
- 5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
The Services offered by Club Collab are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
- Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.