General terms and conditions for the use of website INeedKOL.com by agents/ agencies, photographers, brands, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events (each a “Brand” and collectively “Brands”)

When registering for website INeedKOL.com, Brands must accept the following general terms and conditions (the “GTCs”) for using website INeedKOL.com.

The Brand enters into this agreement on the use of website INeedKOL.com with DLC Technology Limited, Rm B73, 11/F, Sang Hing Industrial Building, 81-83 Ta Chuen Ping Street, Kwai Chung. Additional contact information, commercial registry data, as well as the name of the authorized representative of website INeedKOL.com are accessible via “Privacy Policy”.

A. DEFINITIONS

“Brands”: Agents/agencies, photographers, hair and makeup artists, stylists, other industry Brands and spectators visiting or using website INeedKOL.com;

“KOL/Influencer”: KOL/Influencer visiting or using website INeedKOL.com;

“B-Brands”: Agents/agencies, photographers, hair and makeup artists, stylists and other industry Brands that are registered users on website INeedKOL.com and that use the Job Matching System;

“B-KOL/Influencer”: KOL/Influencer of legal age (18 years old and older) that are subscribed to website INeedKOL.com and that use the Job Matching System;

“M-Brands”: Photographers, brands, KOL/Influencer agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry Brands and spectators that are registered users on website INeedKOL.com or mobile application INeed KOL and that use the Marketplace;

“M-KOL/Influencer”: KOL/Influencer of legal age (18 years-old and older) that are subscribed to website INeedKOL.com or mobile application INeed KOL and that use the Marketplace;

“GTCs”: General Terms and Conditions for the use of website INeedKOL.com by KOL/Influencer, including Sections A to C.

“GTCs Job Matching System”: General Terms and Conditions accepted by KOL/Influencer and Brands for the use of the Job Matching System.

“Job Matching System”: Feature on website INeedKOL.com through which registered Brands are able to book a KOL/Influencer of legal age (18 years old or over) for a certain job;

“Marketplace”: Feature on website INeedKOL.com through which registered Brands are able to advertise and sell their Brand services to a KOL/Influencer of legal age (18 years old or over);

“Website”: INeedKOL.com.

“Mobile application”: INeed KOL.

“Total Price”: Total amount that B-Brands must pay by PayPal, Apple Pay or credit card on website INeedKOL.com for booking a B-KOL/Influencer through the Job Matching System;

Total amount that M-KOL/Influencer must pay by PayPal, Apple Pay or credit card on website INeedKOL.com for purchasing the services of a M-Brand through the Marketplace;

“Purchasable offer”: A Brand service that can be purchased by a M-KOL/Influencer from a M-Brand within the Marketplace on website INeedKOL.com

“Agreed Date”: End date of the job requested by the B-Brand to the B-KOL/Influencer through the Job Matching System and that has been agreed between both of them;

“Start Date”: Start date of the job requested by the B-Brand to the B-KOL/Influencer through the Job Matching System and that has been agreed between both of them;

“Agreed Fee”: Fee agreed between the B-Brand and the B-KOL/Influencer for the job requested by the B-Brand to the B-KOL/Influencer through the Job Matching System.

B. USE OF website INeedKOL.com

1. Subject Matter

1 . 1   INeedKOL.com offers Brands a platform for their global scouting and hiring of male and female KOL/Influencer who have posted their photo books and profiles on website INeedKOL.com (the “KOL/Influencer”) and provides Brands with access thereto pursuant to these GTCs. Furthermore, Brands may use website INeedKOL.com to upload photos of and promote their KOL/Influencer.

1 . 2   The Brands may start using the services of website INeedKOL.com if and when website INeedKOL.com has confirmed their right to do so. The right to use website INeedKOL.com may be obtained by invitation or upon specific request.

1 . 3   The Brand acknowledges and agrees that it is technically impossible to achieve 100% availability of website INeedKOL.com. website INeedKOL.com shall nonetheless endeavor to keep website INeedKOL.com available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond website INeedKOL.com’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on website INeedKOL.com.

1 . 4   Website INeedKOL.com provides Brands with a platform where they can establish contacts with KOL/Influencer, other agencies, photographers or other users, provided that such users have agreed to be contacted and set their account accordingly. website INeedKOL.com does not take part in any communication between Brands and KOL/Influencer and/or other users of its services. If Brands and KOL/Influencer and/or other users enter into agreements with one another via website INeedKOL.com, website INeedKOL.com shall not be a contracting party to these agreements. Only the Brands and the KOL/Influencer and/or other users are responsible for the execution and/or fulfillment of agreements in which they enter with one another and website INeedKOL.com shall not be liable for breaches of such agreements. website INeedKOL.com shall not be held liable if Brands and KOL/Influencer and/or other users are unable to contact one another over website INeedKOL.com regarding such agreements.

2. Registration, and Representations and Warranties upon Registration

2 . 1   Brands must register prior to using the “Premium Services for Brands” of website INeedKOL.com.

2 . 2   The Brand represents and warrants that all of the data provided for registration are accurate and complete. The Brand shall report any changes in the registration data to website INeedKOL.com without undue delay.

2 . 3   The Brand shall choose a password upon registration, which is needed in order to access his/her account on website INeedKOL.com. The Brand is obliged to keep this password secret. website INeedKOL.com shall not disclose the password to any third party and website INeedKOL.com’S employees shall not ask for the Brand’s password at any time. The Brand shall notify website INeedKOL.com immediately of any unauthorized use of the Brand’s password or account.

2 . 4   By completing the registration process, the Brand accepts these GTCs on the use of the services of website INeedKOL.com.

3. Obligations of the Brand; Consent to Disclosure of Brand’s Name

3 . 1   The Brand is obliged to provide only true and non-misleading statements in its communications with KOL/Influencer and shall, at all times and in all dealings and communications with KOL/Influencer, comply with applicable law.

3 . 2   The Brand agrees that website INeedKOL.com may use the Brand’s name and brand as a customer reference and may publicly disclose and advertise the fact that the Brand is using website INeedKOL.com.

4. Changes to the Services on website INeedKOL.com

website INeedKOL.com reserves the right to modify the services offered on website INeedKOL.com and/or to offer services different from those offered at the time of the registration of the Brand at any time, unless this is unreasonable for the Brand.

5. Termination of Subscription

5 . 1   The Brand may terminate his/her subscription to website INeedKOL.com at any time without cause. The Brand may notify the termination to website INeedKOL.com by email at any time. The termination notice shall include the Brand’s registered name and e-mail address. The subscription to website INeedKOL.com shall terminate automatically in case the Brand does not pay the subscription fee for the renewal of its subscription as and when due as set forth under “fees”.

5 . 2   During any term for which a Brand has paid the applicable subscription fee, website INeedKOL.com may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for website INeedKOL.com to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of website INeedKOL.com against those of the Brand and includes, among others, any the following events:

If the Brand fails to comply with any applicable legal provisions;
If the Brand fails to comply with any applicable legal provisions;
If the Brand causes harm to any other user(s) of website INeedKOL.com;
If website INeedKOL.com considers that the Brand is involved in any immoral activity.

5 . 3   In the following cases, the Brand shall not be entitled to claim reimbursement of any subscription fees paid:

If website INeedKOL.com has terminated the contract for good cause pursuant to section 5.2;
If the Brand has terminated the agreement. However, the Brand’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Brand has terminated the agreement for a good cause attributable to website INeedKOL.com.

6. Responsibility for the Content, Data or other Information

6 . 1   Website INeedKOL.com does not make any warranties or representations regarding any data and/or information provided or made available by any user on KOL/Influencer-INeedkol.com. In particular, website INeedKOL.com does not warrant or represent that said data and/or information is true or accurate.

6 . 2   The Brand shall report any activities of any other user which violate applicable laws and/or any of the terms and conditions using the contact form available on INeedKOL.com or contact [email protected].

7. Customer Service/Support

Queries regarding the agreement with website INeedKOL.com or regarding website INeedKOL.com services may be sent to website INeedKOL.com using the contact form available at all times on website INeedKOL.com or by sending an e-mail to [email protected].

8. Liability of website INeedKOL.com

Website INeedKOL.com (including its vicarious agents) shall only be liable for damages incurred by the Brand as a consequence of breaches of material obligations of website INeedKOL.com pursuant to these GTCs.

9. Indemnification

9 . 1   The Brand shall indemnify and hold website INeedKOL.com harmless from and against all actions, including damage claims, asserted by KOL/Influencer, other users or third parties against website INeedKOL.com resulting from an infringement of their rights by the Brand. The Brand assumes all reasonable costs INeedKOL.com and INeed KOL incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of website INeedKOL.com, including the right to claim damages, shall remain unaffected.

10. Data Protection

Website INeedKOL.com recognizes that any personal data provided by the Brand to website INeedKOL.com is extremely important to the Brand, and website INeedKOL.com shall therefore be particularly sensitive in handling such data. Website INeedKOL.com shall comply with all applicable legal provisions regarding data protection. In particular, website INeedKOL.com shall not provide or otherwise disclose any personal data of the Brand to any third party without authorization. Details on website INeedKOL.com’s treatment of personal data are set forth in the Data Protection Policy .

11. Feedback, Reputation and reviews

Brands accept and acknowledge transferring copyright of all the feedback, reputation and reviews that they may post on the Website. This feedback belongs solely to website INeedKOL.com. Brands acknowledge that they cannot use this feedback without prior written permission of website INeedKOL.com.

12. Taxes

Brands are responsible for paying their own taxes. Legal VAT, according to the Law of Spain, will be added to fees billed to Brands, if applicable.

13. Language

Brands accepting the GTCs for using website INeedKOL.com declare that they fully and perfectly understand the content of the English version of these GTCs.

14. Miscellaneous

14 . 1   Any amendments to these GTCs must be made in writing in order to be valid.

14 . 2   Website INeedKOL.com reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the Brand. Website INeedKOL.com shall give due notice of any amendments of these GTCs to the Brand. If the Brand does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the Brand. Website INeedKOL.com shall inform the Brand about the Brand’s right to object and of the relevance of the objection deadline in said notice.

14 . 3   Unless otherwise stated in these GTCs, the Brand may submit all notices to website INeedKOL.com using the contact form provided on website INeedKOL.com or by sending an e-mail to [email protected].

14 . 4   If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. Any invalid and/or unenforceable provision shall be replaced with a valid and/or enforceable provision which comes as close as possible to the intent and economic effect of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.

C. Job Matching System OF website INeedKOL.com

The Job Matching System is a feature on website INeedKOL.com through which registered Brands (herein after “B-Brands”) are able to book subscribed KOL/Influencer of legal age (herein after “B-KOL/Influencer”) for a certain job. B-KOL/Influencer and B-Brands accept the following General Terms and Conditions for using the Job Matching System of website INeedKOL.com.

1. General Terms and Conditions for the use of website INeedKOL.com

These General Terms and Conditions for the use of the Job Matching System (hereinafter “GTCs Job Matching System”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Job Matching System (Section C).

2. Use of the Job Matching System

2 . 1   B-Brands shall make an offer to book a B-KOL/Influencer through the Job Matching System. To this end, B-Brands must determine in their offer the specific job required and the fees that they consider adequate for this job by submitting a specific form to a concrete B-KOL/Influencer through INeedKOL.com. This form is available on the Website.

2 . 2   If the B-KOL/Influencer and the B-Brand reach an agreement for the specific terms and conditions for the job, including the fees, the B-Brand is obliged to pay through INeedKOL.com.

The Fee agreed between the B-Brand and the B-KOL/Influencer;
Plus a 10% of the Fee, corresponding to a commission for INeedKOL.com;
Plus the legal VAT, according to the Law of Spain, on the commission, if applicable. Value Added Taxes are charged to EU residents unless the Brand provides to INeedKOL.com a valid VAT number.

Herein after the “Total Price”.

2 . 3   The commission earned by INeedKOL.com is for:

creating, hosting, maintaining, and providing its Website;
the delivered services that INeedKOL.com makes accessible through its Website;
and to cover expenses and fees that INeedKOL.com incurs to banks, credit card companies, PayPal and payment processors.

3. Method and conditions of payment

3 . 1   The currency of the Agreed Fee is agreed between the B-Brand and the B-KOL/Influencer, limited to USD, EUR or GBP and other accepted currencies in the B-KOL/Influencer’s and the B-Brand’s location.. The Total Price is charged in the same currency.

3 . 2   The payment of the Total Price by the B-Brand must be made by PayPal, Apple Pay or credit card through the mechanisms available on the Job Matching System of INeedKOL.com. No additional fees are charged to B-Brands by INeedKOL.com for the use of payment processors.

3 . 3   INeedKOL.com takes and holds the money paid through the Job Matching System and only releases it 48 hours after the agreed end date between the B-Brand and the B-KOL/Influencer for completing the job, hereinafter the “Agreed Date”.

3 . 4   Of the Total Price paid by the B-Brand, INeedKOL.com deducts the commission, which covers the expenses and fees that INeedKOL.com incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the B-KOL/Influencer no later than 48 hours after the Agreed Date.

If INeedKOL.com is informed by the B-KOL/Influencer or by the B-Brand of a dispute between them regarding the job completion or if there are technical problems, INeedKOL.com will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the B-KOL/Influencer and the B-Brand, or the technical problems are not solved within 1 month after the Agreed Date, INeedKOL.com will charge the Total Price 1 month after the Agreed Date and transfer to the B-KOL/Influencer the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the B-KOL/Influencer and the B-Brand will have to be solved judicially and extra-judicially with no intervention of INeedKOL.com.

3 . 5   INeedKOL.com may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the B-Brand will have to pay the owed amount to website INeedKOL.com.

3 . 6   B-Brands agree not to make any chargebacks or reverse any payment made by them to INeedKOL.com.

4. Cancellations and refunds

4 . 1   B-KOL/Influencer may cancel the booking at any time within the booking date and the Agreed Date. If the B-KOL/Influencer cancels the booking, the Total Price paid by the B-Brand to website INeedKOL.com is refunded to the B-Brand no later than 14 days after the notification of the cancellation to INeedKOL.com. If the B-KOL/Influencer cancels the booking it is the responsibility of the B-Brand to notify the cancellation to INeedKOL.com no later than 24 hours after the Agreed Date.

4 . 2   B-Brands may cancel the booking before the B-KOL/Influencer delivers to him/her any of the services agreed between them and no later than 7 days before the start date of the job requested by the B-Brand to the B-KOL/Influencer through the Job Matching System and that has been agreed between both of them (herein after the “Start Date”).

If the B-Brand cancels the booking before the B-KOL/Influencer delivers to him/her any of the services agreed between them and at least 7 days before the Start Date: website INeedKOL.com charges the commission of the Clause 2.2 (Section C) and the corresponding legal VAT on the commission, if applicable, and refunds the rest of the Total Price to the B-Brand no later than 14 days after the notification of the cancellation to website INeedKOL.com;

If the B-Brand cancels the booking less than 7 days before the Start Date or later or once the B-KOL/Influencer has delivered to him/her any of the services agreed between them, the Total Price is charged by website INeedKOL.com. Website INeedKOL.com will then follow the procedure stated in Clause 3.4.1 (Section C).

5. Intervention of website INeedKOL.com

5 . 1   If the B-Brand effectively books a KOL/Influencer through the Job Matching System, the persons intervening in this process are the Brand, the KOL/Influencer and website INeedKOL.com.

5 . 2   The intervention of website INeedKOL.com in the transaction is only for the following purposes:

To provide, host and maintain a list of KOL/Influencer on the Website in order to enable the B-Brands to select KOL/Influencer for the services that they may require;

To supervise that the B-Brand correctly pays the Total Price;

5 . 3   website INeedKOL.com is only an intermediary. The agreement is reached by the B-KOL/Influencer and the B-Brand without any recommendation of website INeedKOL.com. Website INeedKOL.com does not take any decision on the suitability of a B-KOL/Influencer for a certain job. The only persons responsible for the decision and of the adequacy of the services of a B-KOL/Influencer for a concrete job are the B-Brand and the B-KOL/Influencer.

If any worker of website INeedKOL.com makes any remark regarding the work of a KOL/Influencer or its suitability for a job in any means of communication, including website INeedKOL.com, these will be considered as simple personal opinions, for which KOL/Influencer INeedKOL.com and/or its workers will not be held responsible.

Website INeedKOL.com is not responsible for the job carried out by the B-KOL/Influencer. B-Brands and B-KOL/Influencer agree and acknowledge that website INeedKOL.com is not responsible for any issue arising between them regarding the completion of the specific job. The responsibilities of the B-Brand and the B-KOL/Influencer, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.

5 . 4   B-KOL/Influencer and B-Brand agree and acknowledge that the relationship between them is that of independent contractors.

5 . 5   B-Agents and B-KOL/Influencer agree and acknowledge that website INeedKOL.com is not responsible for:

any expenses, including traveling and food expenses, incurred by the B-KOL/Influencer or the B-Brand;
the correct completion of the job;
the veracity or accuracy of any document or information given between the B-KOL/Influencer or the B-Brand;
and the use by the B-KOL/Influencer and/or the B-Brand of the information and documents exchanged between them.

5 . 6   Website INeedKOL.com does not offer any form of insurance since the Website only provides an online venue for B-Brands to make and offer and buy services of B-KOL/Influencer.

5 . 7   Depending on the applicable jurisdiction, B-KOL/Influencer and B-Brands may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.

6. Complaints and Disputes

6 . 1   B-Brands can raise any complaints that they may have regarding the completion of the job by the B-KOL/Influencer to website INeedKOL.com up until 24 hours after the Agreed Date.

If website INeedKOL.com receives the complaint within the above mentioned period, the Total Price paid by the B-Brand is held by INeedKOL.com and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to INeedKOL.com and no agreement is reached between the B-KOL/Influencer and the B-Brand regarding the complaint, the Total Price is released by INeedKOL.com. INeedKOL.com will then follow the procedure stated in Clause 3.4 (Section C) and any dispute that may arise between the B-Brand and the B-KOL/Influencer shall be solved judicially or extra-judicially by them;

If INeedKOL.com receives the complaint after the above mentioned period, the Total Price is charged as specified in Clause 3.3 (Section C). INeedKOL.com will then follow the procedure stated in Clause 3.4.1 (Section C) and any dispute that may arise between the B-Brand and the B-KOL/Influencer shall be solved judicially or extra-judicially by them. B-Brands acknowledge and accept that if the complaint is made after the above mentioned period, the commission of INeedKOL.com will not be refunded in any case.

6 . 2   When any dispute regarding the agreement reached between the B-Brand and the B-KOL/Influencer through the Job Matching System arises:

The B-Brand and the B-KOL/Influencer commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including INeedKOL.com.

If the B-Brand and the B-KOL/Influencer reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to INeedKOL.com.

If the B-Brand and the B-KOL/Influencer do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of INeedKOL.com.

6 . 3   B-Brands and B-KOL/Influencer agree and acknowledge that INeedKOL.com does not provide legal services or legal advice of any kind.

D. MARKETPLACE OF INeedKOL.com

The Marketplace is a feature on website INeedKOL.com through which registered Brands (hereinafter “M-Brands”) are able to offer their Brand services to subscribed KOL/Influencer of legal age (hereinafter “M-KOL/Influencer”). M-KOL/Influencer and M-Brands accept the following General Terms and Conditions for using the Marketplace of website INeedKOL.com.

1. General Terms and Conditions for the use of website INeedKOL.com

These General Terms and Conditions for the use of the Marketplace (hereinafter “GTCs Marketplace”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Marketplace (Section C).

2. Use of the Marketplace

2 . 1 M-Brands shall post a Brand service as a purchasable offer for M-KOL/Influencer through the Marketplace. To this end, M-Brands must determine in their purchasable offer the specific description of the purchasable offer, what the M-KOL/Influencer will receive and the fee that they consider adequate for this purchasable offer. The purchasable offer can be purchased by M-KOL/Influencer by submitting a specific form to a concrete M-Brand through INeedKOL.com. This form is available on the INeedKOL.com Website.

2 . 2 The M-KOL/Influencer is obliged to pay for the purchasable offer through INeedKOL.com.

The Fee displayed for the Marketplace purchasable offer by the M-Brand;
20% of the Fee, which is included in the displayed fee on the INeedKOL.com website, corresponds to a commission for INeedKOL.com;

Plus the legal VAT, according to the Law of Spain, if applicable. Value Added Taxes are charged to EU residents unless the M-Brand provides to INeedKOL.com a valid VAT number.

Hereinafter the “Total Price”.

2 . 3 The commission earned by INeedKOL.com is for:

creating, hosting, maintaining, and providing its Website; the delivered services that INeedKOL.com makes accessible through its Website; and to cover expenses and fees that INeedKOL.com incurs to banks, credit card companies, PayPal and payment processors.

3. Method and conditions of payment

3 . 1 The currency of the Agreed Fee is agreed between the M-Brand and the M-KOL/Influencer, limited to USD, EUR or GBP and other accepted currencies in the M-KOL/Influencer’s and M-Brand’s location. The Total Price is charged in the same currency.

3 . 2 The payment of the Total Price by the M-KOL/Influencer must be made by PayPal, Apple Pay or credit card through the mechanisms available on the Marketplace of INeedKOL.com. No additional fees are charged to M-KOL/Influencer by INeedKOL.com for the use of payment processors.

3 . 3 INeedKOL.com takes and holds the money paid through the Marketplace and only releases it to the M-Brand after the agreed purchasable offer has been completed with the M-KOL/Influencer, hereinafter the “Completed Date”.

3 . 4 Of the Total Price paid by the M-KOL/Influencer, INeedKOL.com deducts the commission, which covers the expenses and fees that INeedKOL.com incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the M-Brand no later than 30 days after INeedKOL.com receives the invoice from the M-Brand.

If INeedKOL.com is informed by the M-KOL/Influencer or by the M-Brand of a dispute between them regarding the purchasable offer completion or if there are technical problems, INeedKOL.com will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the M-KOL/Influencer and the M-Brand, or the technical problems are not solved within 1 month after the Completed Date, INeedKOL.com will charge the Total Price 1 month after the Completed Date and transfer to the M-Brand the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the M-KOL/Influencer and the M-Brand will have to be solved judicially and extra-judicially with no intervention of INeedKOL.com.

3 . 5 INeedKOL.com may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the M-KOL/Influencer will have to pay the owed amount to website INeedKOL.com.

3 . 6 M-KOL/Influencer agree not to make any chargebacks or reverse any payment made by them to INeedKOL.com.

4. Cancellations and refunds

4 . 1 M-Brands may cancel the purchasable offer at any time before the purchasable offer has been realized by the M-Brand. If the M-Brand cancels the purchasable offer, the Total Price paid by the M-KOL/Influencer to website INeedKOL.com is refunded to the M-KOL/Influencer no later than 14 days after the notification of the cancellation to INeedKOL.com. If the M-Brand cancels the purchasable offer it is the responsibility of both the M-Brand and the M-KOL/Influencer to notify the cancellation to INeedKOL.com no later than 24 hours after notice of the cancelation.

5. Intervention of website INeedKOL.com

5 . 1 If the M-KOL/Influencer effectively purchases a purchasable offer from a M-Brand through the Marketplace, the persons intervening in this process are the Brand, the KOL/Influencer and website INeedKOL.com.

5 . 2 The intervention of website INeedKOL.com in the transaction is only for the following purposes:

To provide, host and maintain a list of KOL/Influencer on the Website in order to enable the M-KOL/Influencer to select offers from M-Brands that they may require;

To supervise that the M-KOL/Influencer correctly pays the Total Price;

5 . 3 website INeedKOL.com is only an intermediary. The agreement is reached by the M-KOL/Influencer and the M-Brand without any recommendation of website INeedKOL.com. Website INeedKOL.com does not take any decision on the suitability of a purchasable offer for a M-KOL/Influencer from a M-Brand. The only person responsible for the decision and of the adequacy for a concrete offer is the M-KOL/Influencer.

If any worker of website INeedKOL.com makes any remark regarding the work of a KOL/Influencer or its suitability for a job in any means of communication, including website INeedKOL.com, these will be considered as simple personal opinions, for which KOL/InfluencerMANAGEMNT.COM and/or its workers will not be held responsible.

Website INeedKOL.com is not responsible for the offer carried out by the M-Brand. M-KOL/Influencer and M-Brand agree and acknowledge that website INeedKOL.com is not responsible for any issue arising between them regarding the completion of the specific offer. The responsibilities of the M-Brand and the M-KOL/Influencer, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.

5 . 4 M-KOL/Influencer and M-Brands agree and acknowledge that the relationship between them is that of independent contractors.

5 . 5 M-Brands and M-KOL/Influencer agree and acknowledge that website INeedKOL.com is not responsible for:

any expenses, including traveling and food expenses, incurred by the M-KOL/Influencer or the M-Brand; the correct completion of the job; the veracity or accuracy of any document or information given between the M-KOL/Influencer or the M-Brand; and the use by the M-KOL/Influencer and/or the M-Brand of the information and documents exchanged between them.

5 . 6 Website INeedKOL.com does not offer any form of insurance since the Website only provides an online venue for M-Brands to make purchasable offers for M-KOL/Influencer to purchase.

5 . 7 Depending on the applicable jurisdiction, M-KOL/Influencer and M-Brands may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.

6. Complaints and Disputes

6 . 1 M-KOL/Influencer can raise any complaints that they may have regarding the completion of the purchasable offer by the M-Brand to website INeedKOL.com up until 24 hours after the completion of the purchasable offer.

If website INeedKOL.com receives the complaint within the above mentioned period, the Total Price paid by the M-KOL/Influencer is held by INeedKOL.com and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to INeedKOL.com and no agreement is reached between the M-KOL/Influencer and the M-Brand regarding the complaint, the Total Price is released by INeedKOL.com. INeedKOL.com will then follow the procedure stated in Clause 3.4 (Section D) and any dispute that may arise between the M-Brand and the M-KOL/Influencer shall be solved judicially or extra-judicially by them;

If INeedKOL.com receives the complaint after the above mentioned period, the Total Price is charged as specified in Clause 3.3 (Section D). INeedKOL.com will then follow the procedure stated in Clause 3.4.1 (Section D) and any dispute that may arise between the M-Brand and the M-KOL/Influencer shall be solved judicially or extra-judicially by them. M-KOL/Influencer acknowledge and accept that if the complaint is made after the above mentioned period, the commission of INeedKOL.com will not be refunded in any case.

6 . 2 When any dispute regarding the agreement reached between the M-Brand and the M-KOL/Influencer through the Marketplace arises:

The M-Brand and the M-KOL/Influencer commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including INeedKOL.com.

If the M-Brand and the M-KOL/Influencer reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to INeedKOL.com.

If the M-Brand and the M-KOL/Influencer do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of INeedKOL.com.

6 . 3 M-Brands and M-KOL/Influencer agree and acknowledge that INeedKOL.com does not provide legal services or legal advice of any kind.

E. Refund Policy

Refund policy for website INeedKOL.com users:

The Brand can request the reimbursement of their payment for a service within the period established by law (14 DAYS). If a refund is requested by a M-KOL/Influencer for a Marketplace purchasable offer, the M- Brand will be notified and the payment to the M- Brand will be cancelled.

Refunds on services contracted for a period of time after the said 14 day period, cannot be made.

Refunds on membership renewals cannot be made.

Refunds can be offered only if the user did not use any of the Premium features, including initiating conversations with any KOL/Influencer or Brand using messaging feature on INeedKOL.com.

For more information when reimbursement cannot be made please check in the section “5.Termination of Subscription”.

A full refund will be offered to Brands who have an account which can’t be approved.

Refund rules for Mobile APP “INeed KOL” including the Free trial, are set by iTunes or Google play. KOL/Influencer or Brands subscribed to the Free trial on Mobile APP “INeed KOL”, who have been charged at the completion of the Free trial are informed about cancelling and the refund policy before subscribing to the free trial:

iTunes: ‘‘Policy: You can cancel until 1 day before every renewal date in settings –> Apple ID. Subscription is automatically renewed until its cancelled’

Apple Terms. If you use or download this application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement

You also agree to Apple’s Privacy Policy

Google Play: “Cancel at any time in Subscriptions on Google Play. You won’t be charged if you cancel before the end of the free trial.”

Free trial shall be canceled through the APP as it applies only for APP users and cannot be done through the web.

If a KOL/Influencer or Brand has been charged after a Free trial and a refund is required, the KOL/Influencer or Brand should contact iTunes or Google Play directly. Check here for more information :
iTunes refund policy
Google Play refund policy