Terms
This User Agreement describes the terms and conditions which you accept by using our Website /Apps or our Services. We have incorporated by reference some linked information.
1-Definition
- 'GIUN' means “Global Internet Users Network” floated by an Individual to create opportunities of income for all internet, social media and other communication platform users from their own internet and social media hobbies. Therefore, here under this contract any reference as GIUN, we, our, company or the company or us means GLOBAL INTERNET USERS NETWORK incorporated in INDIA under a private limited company by the name HYDSTORES PVT LTD. The process of achieving goals shall execute with the following three STAKE HOLDERS and considered to be an integral part of GIUN.
- 'GIUN' consisting of a web portal or solution or sytem and the Mobile (Android & iOS ) User Apps with a technical solution to allow advertisers supply contents with an aim to engage internet users for generating direct and random actions, users get paid for their efforts in generating such direct and random actions and possess a ranking system to award an earning rank for each and every internet users based on an algorithmic analysis of influence and affectivity each user holds on online/internet community.
- ADVERTISER(S), who shall provide the contents to create direct and random actions by engaging internet users and pay against any such efforts involved on behalf of internet users through GIUN payment process.
- INTERNET USER(S)
Who shall sign and register with GIUN to earn from their own internet and social media hobbies by engaging with the content supplied by ADVERTISER(S) and generate direct and random actions in compliance with the instructions provided and claim for the payment against the efforts exerted to generate such action through GIUN payment process. Therefore, all internet users are classified as INFLUENCERS having different levels of influence represented by an earning rank.
'Account' means the account associated with your email address whether you are an advertiser or internet user.
User, Influencer(s), you or your means an individual, or agent, or company or legal entity who visits or uses the GIUN Website/Apps and/or Services and/or purchase or provide Services through the Website either directly or through an agency or agent or representative.
Internet User(s) means, the people who use internet and social media as their hobby but not possess an organized fan following from internet communities. However, GIUN awards an earning rank for such user based up on their followings and by which their efforts are measured and paid. Internet Users have no provision to create contents except and only they interact with the supplied contents and repost to their fans, followers and friends as an additional effort to earn more.
Influencer means a popular blogger, vloggers, celebrities, social media personalities, that offer and provides services including, content postings through their profiles on various online and social media channels and blogs, create contents on request, visit advertisers indicated place with the objectives to attract traffic, boost sales, generate reputations by means of their words, contents and influence and report back with documentary proofs including but not limited to screen shorts about their content work, actions on contents, interaction with fans and followers on quarries related to contents, and registered random reach through the Website/Apps and report back his compliance. Influencers are paid both on the basis of ranks and also based up on their own price, if accepted by advertisers. GIUN provide two types of influencers namely the influencers with an earning rank and influencers without Rank.
Influencers with an Earning Rank means the influencers classified under GIUN Ranking System with an earning rank for the services like content post/ referrals, sharing and forwarding. Such influencers are paid automatically with the price indicated with the rank in rate card.
Influencers without an Earning Rank means, the influencers who do not fall under GIUN Ranking System, instead they propose a minimum and maximum price for their services with the activities covered with in the price. GIUN provide a system under website to search and find all such available influencers and raise a request to hire their services. It is not mandatory for such influencers to respond on such request and only intended influencer can respond and accept such request to work with any advertiser(s) who calls for their services.
Influencer Services means all services provided by an Influencer, including but not limited to, generating, performing, managing, conducting marketing and advertisement campaign(s), and/or brand awareness through content posting, content creation, vist to store/showroom, factory, manufacturing houses, brand/product(s) demos, brand talk, traffic attractions to advised places, boost sales through promo codes, referrals etc.,.
Influencer Agent: means the exclusive Influencer’s principal and/ or legal representative.
Advertiser(s), Marketers, Content provider, Content Supplier, Brand/Product manufacturer, who visits or register on Website/Apps to supply contents for Internet Users through website dashboard with the guidelines and instructions to propagate further through GIUN system.
Earning Rank(s) means the power of earning awarded by GIUN to each and every internet user to pay against the efforts exerted by users to engage with the contents for generating and creating direct and random actions. GIUN preserve the right to award Earning Ranks to all or any internet user depending up on his affectivity measured through GIUN algorithmic analysis of all related data including but not limited to the factors like number of followers, friends, contacts, influence, numb of online engagements and public reactions on such engagements. The total process of awarding an earning rank to all internet users termed as GIUN RANKING SYSTEM and it is final shall acceptable to all GIUN users without any contradiction.
Intellectual Property Rights means copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including the Confidential Information, know-how and trade secrets), performers property rights and all other intellectual property rights, in each case whether registered or unregistered and including all applications and process and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Personality Rights means the name, nickname, voice, signature, autograph, likeness, characteristic, still or moving image or picture or similar of Influencer or individual user.
GIUN Service (s) means providing opportunities of income to all registered and intended internet users through engagements with the contents with a provision to generate DIRECT and RANDOM ACTIONS; offering Advertisers the technical infrastructure of finding required kind of individual or group of Internet users or Influencers with the provision to customize marketing/ advertising campaigns along with monitoring and tracking system to generate reports and to offers various other tools of marketing in coordination with users and influencers to boost sales, increase downloads, conduct surveys, generate registrations & subscriptions, ensure payments against the efforts by internet users/influencers and any related other services that may be not mentioned here but in future it could start.
Direct Action(s) means the engagement by users directly with the contents supplied by GIUN for the provision of marketer/ advertiser/ brand manufacturer or content producer under a service availing contract between content producer and GIUN, which define a fix price per action for various categories of internet users and influencers through a rate card announced and notified by GIUN. GIUN reserve the right to change, modify or alert the rate card with or without any prior notice to adjust market fluctuations and other affecting factors including performance, rating and affectivity of each and every channel of communication. In short an action traced and tracked by GIUN automation.
Random Action(s) means the actions by the friends and followers of any user or influencer on the contents posted/ forwarded/ or referred by GIUN users and influencers through their own profiles existed on various social media or communication channels that duly registered at the time of registration as user/influencer to get GIUN earning rank and supplied by GIUN for the provision of marketer/ advertiser/ brand manufacturer or content producer under a service availing contract between content producer and GIUN, which define a variable price per a random action for all internet users and influencers equally. The price for such random actions is variable as it derived from the total sum of minimum expected random actions divided equally with the number of total users and influencers participated. In Short an action calculated on the basis of reports submitted by GIUN users at the end of the campaign.
Mandatory Minimum Random Actions means, GIUN reserve the right to allot certain volume of minimum Random Actions as required for all earning ranks, and these minimum Random Actions are not less than 3% of the total number of fan, followers, contacts each Internet user or influencer is following. The payment for Minimum Random Actions shall be made only for the number exceeding after requirement minimum Random Actions.
Payment means a payment or an amount paid by GIUN to all those internet users and influencers coordinating with the contents to produce direct and random actions and for the provision of Influencer Services under a User Contract. No direct payment shall be claimed or made possible by GIUN except and only through GIUN Wallet. All legible claimers shall withdraw the amount(s) from GIUN wallet existing in GIUN Apps through the methods applicable and notified in the Wallet. Whenever any user/influencer made an effort to generate direct or random action(s) on any supplied content, GIUN credit the price for any such effort (s) directly and instantly to user’s wallet in GIUN App immediately after verification.
RATE CARD means GIUN announce, notify and place or through any one of this, the rate card, which describe the price per unit for direct actions like posts, downloads, registrations, subscriptions and responses to surveys; and also for random actions which are views, clicks, likes, comments etc., this card is subject to change with the market changes with or without any prior notice.
GIUN WALLET means a place in GIUN App, where GIUN show an amount as total available balance for internet users, which is the collection of payment made by GIUN in favor of Internet users for their verified direct and random actions on supplied contents or for any other efforts exerted by users under the directions of advertisers by following the guidelines released along with the contents. Users have all rights to claim for any withdrawal from the total available balance under the following terms and conditions;
- Minimum cash withdrawal limit shall be not less than USD 100
- Your Total available balance shall be not less than the amount of cash claim
- You shall maintain a minimum balance of USD 25 remain in your wallet
- Alternatively you can shop or purchase any product or service offered by GIUN online vendors from your Wallet.
- GIUN service charges shall apply on your each withdrawal
- GIUN charges 10% of total amount claimed for withdrawal or deducted for any purchase as service charges for the provision of earning from internet & social media hobbies. GIUN preserve the right to enhance or modify the service charges at any time with or without any prior notification.
- GIUN works on the principal currency USD and preserve the right to apply its own currency exchange rates for the payments in any other currencies.
- GIUN currency exchange rates are final and shall no way become a subject of further judicial, financial or monetary trial during or after the course of payments and withdrawals.
- Users can chat or report for any grievances, if happened only through Support contact or email corresponding.
- GIUN being an online entity neither support any physical presentation nor accept any further arbitrator process.
- No payment shall process until the completion of verification process after submitting performance reports by users.
- It is mandatory of all users including influencers to submit report, supported by screen shorts from GIUN App as proof to establish user’s direct engagement with the contents. This required to claim for the payment against direct action.
- It is essential for all users and influencers to submit a secondary report at the end of Campaign end time supported by screen shorts from GIUN App as proof to establish random reach of user along with the number of actions received on the contents from friends, followers, contacts etc., This required to claim for the payment against random action.
- GIUN shall pay for direct actions immediately after receiving the report from users.
- GIUN shall pay for random actions immediately after verification of secondary report.
- The users shall note GIUN completes verification process with in a period of not more than 3 to 14 days.
- GIUN reserve the right to stop, deny or withheld total or partial payment for any direct action if the primary report is not received and for the random actions, if the secondary report is not received.
- GIUN reserve the right to deduct any paid amount from total available balance of any or all users, even after payment, if found the submitted reports are false, not true, handmade and not matching with the existing posts on their media profiles with or without any prior notice.
- Users shall ensure the posted contents on their own profile shall stay at least for the period of two weeks from the date of post.
- Users shall made available the reports, if litigated by any advertiser during a period of not more than 5 days, after ending any advertising campaign.
- Users shall notice that all the actions related to link promotion through communication platforms like WhatsApp and other similar or other media means, are tracked with the end results which are downloads, sales, registrations and subscriptions and paid accordingly and instantly through user wallet with the price mentioned in the rate card.
GIUN Services means all services provided by us to you including Services, payment against users and influencers effort, content supply through advertisers, reporting back to advertisers, protecting the rights of all stake holders and ensuring smooth process.
User Contract means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time for GIUN Users, Influencers and advertisers; (3) any other contractual provisions accepted by both the User, Influencer and advertiser uploaded to the Website/Apps, to the extent not inconsistent with the User Agreement and the Code of Conduct.
“Content” means any and all content or materials in any media created by the Influencer or provided by the advertisers or the announcements by advertisers with an aim to boost sales, offer discounts, promo codes and those arising as a result of the performance of the GIUN user and Influencer Services under this User Agreement, including any content to be posted on the relevant social, communication or chat channels.
Website means the Websites operated by GIUN and available at: www.giun.org and any of its regional or other domains or properties, and any related service, tool or application, specifically including mobile web, any iOS App and any Android App, or other access mechanism.
Account Suspension means, disabling your account by GIUN for the following reasons:
- For submitting false reports for more than 3 times
- For coordinating directly with the advertisers for any ongoing, upcoming or for any new tasks once joining as Internet User or influencer by accepting this contract.
- You are an advertiser and signing or coordinating with an internet user or influencer(s) for any further or upcoming campaigns once you did a campaign with the same internet user or influencer(s) without GIUN consent.
Exclusivity means, an internet user(s) or influencer, shall undertake that once joining GIUN to earn from internet and social media hobbies and by providing influencer services will not establish or execute any task from those advertisers, with whom they already did a campaign under GIUN. The GIUN shall become an exclusive referral partner and stake holder in between such all internet user(s) & influencer and the advertisers, who started collaboration with each other under GIUN. In case of any failure to this exclusivity clause, the stake holder(s) are liable to pay the GIUN referral commission equal to GIUN services charges on the total amount earned or spent on a task, performed by the stake holders without informing or involving GIUN. In addition to this, GIUN reserve the right to claim for any compensation in case of such failure exclusivity act and to take other actions including but not limited to account suspension, denial of any payable liabilities, and cease the wallet function by blocking all the available balance.
Disclaimer means GIUN shall not held accountable for any contents, acts, functions, announcements, publicity, promotions, marketing, publications or any such public interest constituents supplied by advertisers and interacted by any or all GIUN Users, therefor advertisers must comply the rule of law while performing and GIUN Users or influencers must review the contents before any action and act only if they find it proper and suitable to publish or propagate and by doing so, they are not acting against the norms of public preferences, not against the rule of law.
2-INTRODUCTION
- By accessing the Website and by using the mobile Apps, you agree to the following terms with GIUN and also agree and accept GIUN privacy policy, that we may amend this User Agreement and any linked information including privacy policy, rate card, code of conduct from time to time by posting amended terms on the Website, with or without notice to you.
- The Website is an online venue where Advertisers buys internet users & Influencer Services. Advertisers, Users and Influencer must register for an Account in order to buy or sell internet users and Influencer Services. The Website enables advertisers to work with Internet users and influencers together online to place contents, order for services and issue guidelines and instructions and pay for those intending internet users and Influencer for their Services.
- We are not a party to any contractual agreements between advertisers and User & Influencer (s) and/ or their agents in the online venue, we merely facilitate connections and Payments between the parties. We may, from time to time, and without notice, change or add to the Website/Apps or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website/App or if that information is not current.
3-GENERAL
- Before using the Website and Apps, you must read the whole User Agreement, the Website policies and all linked information.
- You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the rate card, Privacy Policy and all Website & Apps policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website or GIUN Apps, or when you use the tools, we make available to interact with the Website or Apps.
- You will not use the Website if you:
- are not able to form legally binding contracts;
- are under the age of 18;
- a person barred from receiving and rendering services under the laws of land where you are leaving or another applicable jurisdiction;
- are suspended from using the Website/GIUN Apps; or
- Do not hold a valid email address.
- Do not hold a valid trade license (if applicable)
- Do not able to verify your identity through phone verification if asked by GIUN.
- Alluser accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
- Users may be using the Website/App or GIUN Services on behalf of a company in this case User undertakes and adheres that he/she/ they holds the legal rights, powers and authorities to legally represent the company , and this User Agreement is a contract with the User as an individual and/or legal representative of the company. We have the right to request any documentation to verify the relation between the individual and the company.
- We may, at our absolute discretion, refuse to register any person or entity as a User.
- We may, at our absolute discretion, refuse to list any Influencer or Influencer Agent.
- You cannot transfer or assign any rights or obligations you have under this agreement without our prior written consent.
- You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Service (s) that you will first attempt to resolve any differences that you have in relation to such Service including in relation to the quality of the Influencer Services provided.
- If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Service, we encourage you to contact us on info@giun.org.
4. Advertiser, User & Influencer Code of Conduct
While using the Website/Apps, you will not attempt to or otherwise do any of the following:
- post content or items in inappropriate categories or areas on our Websites;
- infringe any laws, third party rights or our policies;
- fail to deliver payment for services delivered to you;
- fail to deliver Influencer Services purchased from you;
- Circumvent or manipulate our fee structure or rate card the billing process, or fees owed to GIUN.
- post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
- take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website/Apps);
- transfer your GIUN account (including feedback) and Username to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm GIUN , the Website/Apps, or the interests or property of GIUN users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate listings from our Website for display with listings from other websites without our express written permission, 'frame', 'mirror' or otherwise incorporate any part of the Website into any other website without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website/Apps;
- copy, modify or distribute rights or content from the Website or GIUN Apps copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent, and our consent;
- use GIUN Wallet to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, Ethereum, etc).
- In addition to the points mentioned in this section, Advertisers, Internet Users or Influencer (s) shall also be subject to further rules available on Code of Conduct
5. Ownership and Use of Content, Materials and Personality Rights
- As part of the Services, the Content and the Personality Rights may be featured in videos, photographs, or other content created by User or Influencers or their agents in connection with the Service or Influencer Services (collectively, the 'Materials').
- Unless agreed otherwise, Influencer assigns to Advertiser absolutely with full title guarantee all their right, title and interest in and to (by way of present assignment of future copyright) the Content and the Materials.
- Unless agreed otherwise, Influencer irrevocably grants to Advertisers their consent to make the fullest use of the Content and the Materials, and any extracts from the same, in all media worldwide. Influencer recognizes that Advertiser has the unlimited right to edit, copy, alter, add to, take from, adapt and translate the Content and the Materials, in whole or in part, and/or in conjunction with any other materials, and to prepare and use derivative works therefrom without reference to Influencer or any additional compensation. Influencer hereby irrevocably and unconditionally waives the benefit of their moral rights of the Content in favor of Advertisers.
- Influencer shall not, without Advertiser’s prior written consent, incorporate or use, in the provision of the Influencer Services and/or the Content, any third party's idea, concept, work, report, product or other confidential information.
- For the purpose of facilitating and providing the Service through the Website/Apps, Influencer grants us a worldwide, perpetual, irrevocable, royalty-free, authorization (through multiple tiers) right to publicly publish her/ his information, image, photos, videos, Content, Materials on the Website/Apps or other media channels.
- You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website/Apps while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
- For the purpose of facilitating and providing the Service through the Website/Apps, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights, publicity, and database rights , you have in the Content and Materials, in any media known now or in the future.
6. Data Protection and Privacy
- You ensure that you comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data.
- We collect and process your personal data as data controller for legal, personnel, administrative and management purposes in connection with the Services provided through the Website/Apps including but not limited to use for marketing communication in shape of SMS, emails and other similar means.
- We use your information as described in the Privacy Policy If you object to your information being transferred or used in this way then you must not use our Services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on accepting and payment.
7. Fee
- We charge fees/ commission for our Services; the fee/ commission is calculated on a percentage basis of the Payment. Additionally, we do not charge memberships fee or membership subscription fee for subscribing to the Website or using Apps and avail the Services. However, We reserve the right, at our discretion, to change the fee at any time without prior notice or apply new fee structure that may include subscription fee or any kind of other fee in future with or without any prior notice.
8. Payments
We provide a Service on this Website/Apps which allows controlled Payments to be made with respect to an internet user or Influencer Service. We are merely a facilitator of Payment, and we shall not be liable for delay, non-occurrence, and deduction of any amount due from Advertisers to Internet Users or Influencer as a result of using the Internet Users or Influencer Services.
- Subject to the Contract in between stake holders, the Advertiser shall deposit an amount equal to estimated budged rank holding users/influencers or number of total influencers selected to make the Payment, which will be locked from the by GIUN system and cannot be claimed by the Influencer or credited to his/her account unless the occurrence of any of the following conditions:
- Internet User/Influencer performed the services and submitted the Primary and Secondary Reports
- Advertiser and Internet User/Influencer agree that the Payment can be claimed by the Influencer;
- Advertiser instructs us to pay an Internet User/Influencer for Services performed by the Internet User/Influencer;
- Advertiser acknowledges that the Influencer has completed the influencer services fully and satisfactory.
- Advertiser does not take any action for 14 days from the date of an Influence’s payment release request, in which case Influencer and User agree that we are authorized and irrevocably instructed to immediately release to Influencer the amount / Payment agreed between Advertiser and Internet User/Influencer.
- Internet User/Influencer cancels the Advertiser Contract before Payment has been released to Internet User/Influencer, in which case the Payment are to be returned to the Advertiser, provided in this case we shall be entitled to deduct our fee even if the Internet User/Influencer Service was not rendered.
- Advertiser and Influencer have submitted joint written instructions for the release of Payment.
- Advertiser and Internet User/Influencer agree to cancel the contract without the release of Payment, in which case the Payment is to be returned to the Advertiser. In this case, we shall be entitled to deduct our fee even if the Internet User/Influencer Service was not rendered.
- Issuance of the final order of a court of competent jurisdiction from which appeal is not taken, in which case the Payment will be released in accordance with such order.
9. Taxes
Advertisers, Internet Users/Influencers are responsible for paying any taxes, including any services or value added taxes, which may be applicable depending on the jurisdiction of the services provided, these taxes will be added to fees billed to you, if applicable. All of our payable fees shall be excluding any applicable taxes, official charges, official fee of any kind.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
10. Your Identity
Advertisers, Internet Users/Influencers authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:
- provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you;
- take steps to confirm ownership of your email address, your social media profiles, your other communication Identities including WhatsApp Number, Mobile Number or financial instruments; or
- verify your information against third party databases or through other sources.
- You must also, at our request, provide copies of identification documents (such as your passport or ID, driver's license). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.
- We reserve the right to close, suspend, or limit access to your Account, the Website/Apps and/or GIUN Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
- We reserve the right to update your particulars on the Website/App in order to match any identity documentation that has been provided. Disbursements such as wire transfers from the Website may only be made to the beneficiary matching your provided identity documents and account information.
- We reserve the right to use your information, including but not limited to your pictures, your media profile pictures, your data analytics to display competitive information about the services, affectivity, ranking, listing on our website, Apps and for those advertisers who request to review your information in order to select your services and GIUN up to date competitive, comparative information including your offers and prices to attract advertisers.
- If you are not GIUN Internet User/Influencers verified you may not be able to withdraw payment from your GIUN Internet User/ Influencers Account, GIUN Wallet and other restrictions may apply.
11. Right to Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of this Agreement;
- if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 2 weeks of the date of request;
- you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
- to manage any risk of loss to us, a User, or any other person; or
- for other reasons.
- If we close your Account due to your breach of this Agreement, you may also become liable for certain obligations mentioned in this Agreement.
- Without limiting our other remedies, to the extent you have breached this Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
- You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Internet Users/Influencers and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this Agreement, we may fine you up to $ 1,000 for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine of up to $ 1,000 is a presently reasonable pre- estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release the entire (or part of the) amount of the fine from your Account to us.
- If we deactivate your Account for a reason other than as a result of your breach of this Agreement, unless as otherwise specified in this Agreement, you will be entitled to receive any payment due from us to you.
- In the event that we deactivate your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
20. Closing Your Account
You may deactivate or close your Account at any time. The option is located in the www.giun.org or apps.
Account closure is subject to:
- not having any outstanding listings on the Website/apps;
- resolving any outstanding matters (such as a suspension or restriction on your Account); and
- paying any outstanding fees or amounts owing on the Account.
- We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.
21. Hyperlinks
The Website/Apps may contain hyperlinks that allow the User to access platforms or websites of third parties. We do not assume any responsibility for the content, information or services that may appear on these platforms, which shall be understood to be offered exclusively by us for information purposes, and which in no case imply any relationship, acceptance or endorsement between us and the persons or entities holding such content or owners of the sites where they are located.
22. Indemnity
You will defend, indemnify, and hold us harmless from and against any claims, damages, costs, losses and liabilities of whatsoever kind or nature (including reasonable legal costs and expenses) arising out of, or in connection with the breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website/Apps and GIUN Services.
23. No Warranty
Our Services, the Website/Apps and all content on it are provided on an 'as is', and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- the Website or any Internet User/Influencer Services;
- the accuracy, reliability, Quality, availability, performance, veracity, timeliness or content of the Website or any Internet User/Influencer Services or GIUN Services;
- whether the Website/Apps or Influencer Services GIUN Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- whether defects in the Website/Apps will be corrected;
- any third-party agreements or any guarantee of business gained by you through the Website/Apps, Internet Users/Influencer Services or GIUN Services or us.
24. Limitation of Liability
To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website/Apps and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Internet User/Influencer, User or third party (iii) the services rendered or the products offered by the Influencer, User or other business partners or third party using our Website/Apps, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Influencer, User, provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Website/Apps , including any (partial) cancellation, force majeure or any other event beyond our control.
25. Severability
The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this Agreement.
26. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
27. Communications
You consent to receive notices and information from us in respect of the Website/Apps and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
28. Termination, Cancelation and Suspension
We reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our Service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.
Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:
- use of our services for any illegitimate or non bona fide purpose
- creating problems with other users or potential legal liabilities
- infringing the intellectual property rights of third parties
- acting inconsistently with the letter or spirit of any of our policies
- abuse of any staff members including inappropriate or unreasonable communications
- abuse or poor performance of Influencer Services
- any attempt to use the Website/Apps or Services for any objectionable purpose.
29. Agent Influencer relationship
When an agent is acting as principal on behalf of Influencer, or when an Influencer is represented by an Influencer Agent as defined in 1.9, we shall have the right to verify the relationship between the Influencers and Influencer Agent by any way or any means. Therefore, Influencer Agent grants us an irrevocable authorization to communicate with the Influencer(s) and request any document (s) to verify the relationship. Furthermore, we will have the right, and the absolute discretion, as we deem appropriate, to refuse to associate any Influencer with Influencer Agent, or accept their listing on the Website. However, When we accept to list and associate an Influencer with Influencer Agent, the Influencer confirms that Influencer Agent shall be the legal representative of Influencer and act on his/ her behalf for any action on the Website/Apps, that includes, but not limited to, communicating with User, submit, contract, propose, accept, reject, amend, negotiate, deny and ignore Influencer Services, and receive, release, negotiate, and request Payment.
The Influencer Agent shall be responsible to cause the Influencer to accept the Contract, abide by it and comply with it is content. The Influencer Agent shall also be jointly liable with the Influencer for the fulfilments of the Influencers’ obligations under the User Contract.
30. Choice of Law:
Agreement and any non-contractual obligations arising out of or in connection with it are governed by Indian law. The courts of the Hyderabad, India have exclusive jurisdiction to settle any Dispute.