Last updated June 11, 2018.

Philosophy

As a community getchr promotes self-awareness when it comes to dealing within a consumer led industry. Businesses and influencers need to ensure that they educate and make them self-aware of the industry’s best practice to provide the consumer with accurate content/material that is not false or misleading. All users who operate within the service that is getchr should comply with all applicable laws and industry self-regulations. This includes but not limited to the CAP Code (UK).We operate a clear transparency culture that should apply to all content facilitated through getchr.

Businesses Culture

Each influencer provides important information to all businesses invested in the getchr community, by replying promptly and accurately we serve a better purpose and prevent getchr users from having a negative experience. Engagement with influencers is crucial in forming long term relationships, please respect and apply common sense when working with influencers. A clear view of working together starts with transparency and this is from the influencer to your audience, any content you will be posting should follow best practices of the respective social media platform.

Influencer Culture

Building your influencer status takes some key components to form a partnership with a business that will not only be successful but provide a lasting relationship. Posted content should be viewable on your feed for at least 30 Days unless agreed otherwise between both parties. Working with businesses involves more than a working relationship, you both need to part of the same goals, aims and mission. Authenticity will provide both you and the business a long-term precedence to achieve the objective and goals set out for one another. Your getchr account is the soul of who you are and is a true representation of how a business perceives you, all imagery submitted must be owned by you and be to the best of your knowledge accurate at the time of submitting.

Collection Statement

Roxhar Limited (Company Number 09403194) collects personal information about you from our websites including https://getchr.com, or our related websites and social media pages (each a “Website”), and as provided by you by any other means, including either physically or electronically. We may also collect personal information from social media sites and from referral agents and other data providers who obtained your personal information from third party sources who hold your consent to disclose your personal information to us, or who have otherwise disclosed your personal information to us in circumstances where it is lawful to do so. Personal information will not be collected from any person who we know to be under the age of sixteen (16) without the consent of a parent or legal guardian. If you are a business we trade with, personal information is collected in order to carry on our trading relationship with you, including but not limited to purchases, processing transactions and supplying subscription services.

Personal information is generally collected in order to allow you to sign up or register to become a member of a Website, to download an use a mobile application, to submit content and participate in a Website, to allow you to publish social media posts via a Website, to engage with other users and respond to campaigns or briefs, to make or receive payments, to provide you with newsletters (including electronic newsletters), respond to inquiries, maintain our relationship with you, provide you with certain content, products and services and, unless you choose to opt-out or unsubscribe, to contact you in the future with information on products and services and to provide you with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future.

Our Websites may also collect and use passively collected anonymous or personal information, or personal information from various third party sources, and may combine this anonymous information or personal information with other personal information collected from you, to provide better service to Website users, customise Websites based on your preferences, to provide you with relevant advertising when you use our Websites or third party websites, to compile and analyse statistics and trends, and otherwise administer and improve our Websites for your use. For the purposes described above, your information may be shared with our group companies (and their directors, servants and agents), promotional partners, other Website users and other trusted third parties including service providers engaged by us to perform a variety of functions including legal and accounting services, data storage, fulfilling orders, processing payments, assisting with promotions and providing technical services. Such group companies and third parties may be located in United Kingdom or overseas including the United States of America.

Failure to provide personal information may result in us being unable to carry on our trading relationship with you or provide you with certain content, products or services. Our Privacy Policy contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how we will handle any complaint. You may contact our privacy officer with any queries via email: team@getchr.com or mail: Unit 6, Salisbury House, Hinckley, Leicester LE10 1YG or telephone: +44 (03) 330 124 785.

Service Terms of Use

Introduction

1. The getchr service is owned and operated by Roxhar, information about how to join and use the getchr service forms part of these getchr terms of us (“terms of us”). By using the getchr service, you agree to accept these terms of use and “Philosophy”.

2. Roxhar has created the getchr service to allow businesses and influencers to interact, form relationships and work together to produce material for influencer marketing whilst complying with term of use for each service they will be publishing on. The terms of use references to Businesses and Influencers as “users” or “you” as the context requires.

3. Your access to and use of the getchr service is bound upon your agreement to and acceptance of these terms of use. Each time you use the getchr service, you agree to comply with the terms of use. If you do not wish to comply to these terms of use, do not continue to use the getchr service.

4. getchr reserves the right to revise these terms of use at any time by updating this page. Revisions will take immediate effect and may prevent your ability to use the getchr service. As you are bound by these terms of use you should check for any revisions each time you use the getchr service and where ever prompted to do so. Your use of the getchr service following the update of any revisions to these terms of use applies your acceptance of those revisions.

5. getchr reserves the right to change the getchr service in any way it sees fit, by giving you notice with the registered email address we have against your account. Even if you have an account your access to the getchr service may be terminated at any time without notice to you.

6. getchr make no representation that the getchr service (or any element of the getchr service) is appropriate for use in all locations.

Using the getchr service

7. The getchr service allows businesses to create campaigns, which are then shared with non and subscribed influencers on the getchr website. Influencers can apply to campaigns by submitting their profile and short message to the relevant business to be approved.

a. The business is solely responsible for reviewing and approving all applications by the influencer. getchr is not liable in any way for any relationships, content or material used. These terms of use will apply to all
transactions conducted through the getchr service.

8. Content is provided by the relevant influencer or business, as applicable and is not moderated, approved or endorsed by getchr. Therefore, no content constitutes a representation by getchr, nor does getchr accept any liability for the legality, validity, accuracy or suitability of any content provided by influencers or businesses. You agree getchr is not responsible for, and does not endorse, any content exchanged or used between the influencer and business. If your content violates theses terms of use, you are legally responsible for that content.

9. You (or authorise) a third party may not decompile, reverse engineer, disassemble or convert any element of the getchr service to a perceivable form; distribute or republish any element of the getchr service in any way; resell, rent, lease or lend any element of the getchr service; defeat disable or circumvent any security feature of the getchr service; or transfer any element of the getchr service to any third party.

10. The getchr service is designed for use by people aged 16 and over. Users under the age of 16 years may only use the getchr service with the consent of a parent or legal guardian. To use the getchr service you must be eligible to use the social media platforms and online services (under the relevant platforms prevailing terms and conditions) upon which you intend to publish material and posts.

11. You agree to be solely responsible for your interactions with other users of the getchr service. You agree that getchr is not responsible for the conduct of any user.

12.You must not engage in crawling, scraping, caching or otherwise accessing any content from the getchr service from any automated means, except with getchrs written consent.

13. These terms of use do not intend nor create a partnership, agency, employment or fiduciary relationship between getchr and any user.

14. Subject to your compliance with these terms of use, you are granted a limited, non-exclusive, revocable and non-transferable licence to access the getchr service in the conduct anticipated in these terms of use. Any costs associated with accessing the getchr service remain your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the getchr service and meets all relevant technical specifications necessary to obtain the benefit of the getchr service.

15. The getchr service may contain links to other sites not maintained by getchr (“linked sites”). getchr is not responsible for the content of any linked sites, whether or not getchr is affiliated with the linked sites. getchr does not in any way endorse any linked sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such linked sites. To the extent that these linked sites collect personal information or contributions from you, getchr shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The linked sites are for your convenience only and you agree to access them at your own risk.

16. The getchr service may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter, Instagram, YouTube and Pinterest). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features on the getchr service, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the getchr service accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the getchr service. The getchr service is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

Account Registration

17. To use the getchr service, businesses must register an account via the submission of a campaign and completing the checkout process in compliance with these terms of use (Business Account) and Influencers must register an account via the submission of their profile and completing the checkout process with the view of acceptance onto the service in compliance with these terms of use (Influencer Account).

18. getchr reserves the right to refuse or cancel account registration for any reason at its sole discretion. Any decision of getchr is final and no correspondence will be entered into.

19. All information provided at account registration must be current, correct and complete. Incomplete, ineligible or incomprehensible account registrations will not be valid. You must be logged in to your account in the manner required each time you wish to use the getchr service. You may never use another users account without their permission.

20. You are responsible for maintaining the strict confidentiality of your account details and for any activity under your account. You agree to immediately notify getchr of any unauthorised use of your account or any other breach of security. It is your sole responsibility to control access to and use of your account and to notify getchr when you desire to cancel your account. getchr will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

21. getchr retains the right and absolute discretion to terminate your account and/or access to the getchr service (or any element thereof) if it believes that you are abusing or tampering with the getchr service (or any element thereof) in any way, that you have breached these terms of use, or that you have engaged in any unlawful, unethical, unsportsmanlike or other misconduct calculated to jeopardise the proper administration of the getchr service (or any element thereof). getchr’s legal rights to recover damages or other compensation from such an offender are reserved.

22. The use of any automated software or any other mechanical or electronic means allowing a member to create accounts is prohibited. getchr reserves the right to suspend or terminate your account if it believes you are engaging in such activity.

23. When creating an account, users understand they are providing their information to getchr and not to any social media platform. Users of the getchr service (whether Businesses or Influencers) are solely responsible and liable for any content or information they transmit to other users. To the extent permitted by law, each user of the getchr service agrees to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the user in respect of their use of the getchr service. Any questions, comments or complaints about the getchr service must be directed to getchr and not to any media or social media platforms. For the purposes of this provision, getchr contracts on its own behalf and also on behalf of the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms where acts or omissions cause loss or damage to such social media platforms or to getchr.

Influencer Requirements

24. Any person over the age of 16 years, or over the age of 13 years with the written consent of a parent or legal guardian, may register an Influencer account, but in order to participate in any campaigns within the getchr service, Influencer’s must meet the following minimum requirements:

a. At least a total of 1000 genuine followers on the Influencer’s chosen social media channels;

b. Influencer’s social media channels and online services must be public (viewable by anyone); and

c. Influencer’s social media channels and online services may not contain content that is contrary to these terms of use or to the terms of use of the relevant social media platform of the Influencer’s social media channels.

25. If you do not meet the minimum requirements in point 24 above, you will not be approved and unable to list you profile on the getchr service.

26. In relation to Influencers working with businesses, you agree you are solely responsible for the publication of material and posts. getchr merely provides a service allowing businesses to connect with influencers, but the publishing of posts remains your responsibility.

27. You acknowledge and agree that the relevant business, not getchr, will be solely be liable for payment of the applicable budget fee for the approved campaign. getchr merely facilitates interaction between the business and influencer, under no circumstances does getchr accept liability for payment of the budget fee. You agree that you will not pursue any actions, legal or otherwise, against getchr for any non-payment, and that this provision constitutes a bar to any such proceedings.

28. Material and posts applied must adhere to the requirements contained in these terms of use, the getchr philosophy, business and influencer culture and any additional requirements imposed by business as part of a campaign and contract agreed upon form both parties. Non- compliance with this condition may result in being removed from the getchr service at getchr’s absolute discretion.

29. Influencers must clearly disclose in sponsored material and posts their relationship with the business. getchr requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your social media channels or online services that there is a commercial relationship between business and influencer. This may be achieved through the use of hashtags such as #advertisement or #ad or through other means suitable to your particular circumstances, community and channels. getchr reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers in relation to particular material and post or your social media channels or online services generally and to require greater levels of disclosure (at getchr’s sole discretion) or if you do not agree to the required levels of disclosure, to remove you from the getchr service.

30. Influencers must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical or unsportsmanlike behaviour such as (but not limited to), purchasing followers, likes or engagement. In the event that getchr suspects (in its sole discretion) that Influencers are not complying with the requirement for followers to be authentic and organically grown, getchr reserves the right to unapproved and remove Influencers from the getchr service.

31. In respect of the influencer producing material and post for the business that all content complies to the below:

a. you are aged over 16 years or over 13 years and have your parent or legal guardian’s consent;

b. for Influencers aged over 16 years, if your material or post features children aged 16 or younger, that you are the parent or legal guardian of those children;

c. for Influencers aged 13 years to 16 years, that you have your parent or legal guardian’s consent and that your material or post does not feature other children aged 16 years or younger;

d. you own the intellectual property rights in the relevant material and posts and have the right, as applicable, to licence the material and post to getchr and the business in the manner set out in these terms of use or to sell the material or post to the business or any third party in the manner set out in these terms of use;

e. the relevant material or post does not violate the privacy rights, contract rights or other rights (including intellectual property rights) of any person, corporation or entity;

f. the relevant material or post does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;

g. any and all opinions and views stated in the relevant material or post are genuinely held by you;

h. and any and all statements in the relevant material and post regarding your use and experience of the business or the business products or services are true and correct and representative of your opinion regardless of whether you are paid for such content or not, and fairly represent your use and experience and you will promptly notify getchr if your opinion of the business changes from that which you have expressed to date;

i. the relevant material or post does not contain any representations which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

j. the relevant material or post is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel or, or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;

k. if the relevant material or post includes any third-party material (including music or personality/talent rights), that all such third-party material and any associated licence terms or use limitations have been fully disclosed to getchr and the business;

l. if you are a member of any guild, union or industrial organisation, you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from adhering to these terms of use, performing your obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;

m. if the relevant material or post contains images or references to third parties or third party property, including music, that the third-party (or third-party property owner) has been informed and agrees in writing that such images, property or references may be included in the material or post and used by getchr, the business or any other third party in accordance with these terms of use without remuneration or compensation to the third-party (or third party-property owner) for the purpose of promoting getchr, the business or any other third-party; and

n. the use of the material or post and the exercise of the intellectual property rights in the relevant material or post by the business and getchr will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.

32. You acknowledge and agree that the business and getchr has the right at any time to amend any material and post after publication to a relevant social media channels or online services and that you will immediately make any reasonable modification or amendment requested by the business to the material or post, subject to compliance with these terms of use, philosophy, business culture, influencer culture and any agreed contracts that been exchanged.

33. You acknowledge and agree that the business and getchr has the right at any time to request that you remove any material or post from your social media channels or online services that was part of the campaign and that you will comply with such a request immediately upon receipt of notification, subject to these terms of use.

34. getchr and the relevant Influencer and business acknowledge and agree that any necessary public relations announcements regarding the removal or modification of material or a post, as the case may be, will be agreed by getchr and the relevant Influencer and business before publication.

35. All right, title and interest in all intellectual property rights in material and posts will remain or be vested in the Influencer. Nothing in these Influencer & business terms of use will be taken to constitute a transfer, assignment or grant of any ownership rights in the material or posts to any other party, including getchr or the business.

36. In consideration of being approved and being subscribed to the getchr service for a period of 1 month, the Influencer agrees to grant in respect of each and every material and post created:

a. to getchr (and its agents) the right to edit and re-format the material and posts into such formats or versions for use by getchr in such media as getchr requires in accordance with this clause;

b. to getchr (and its agents):

i. a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the material and post for the purpose of marketing and promoting getchr (and its products and services) in any manner, without further notification to or consent of the Influencer or any further compensation payable to the Influencer;

ii. the right to use the Influencer’s Identity and performances in the material and post and to communicate the material and post to the public in all languages, in all media including but not limited to: all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of getchr and internal communications of getchr); in all social media (including but not limited to the social media channels of getchr); and in any earned media or public relations activity published by a third-party (including but not limited to print, digital and/or social media).

c. To the relevant business) and its agents):

i. the right to organically share, comment upon and organically re-post the relevant material and post in the social media channel or online service upon which the material or post was published, for a period of thirty (30) days expiring at 11:59pm on the thirtieth day after the material or post was first published; and

ii. the right to use the Influencer’s Identity and performances in the material and post and to communicate the material and post to the public in accordance with conditions 35 above and in any earned media or public relations activity published by a third-party (including but not limited to print, digital and/or social media).

37. You acknowledge and agree that the relevant business will not be required to remove from its social media channels or online services any media or post or any comment, share or re-post of a post after the period in condition 35 has expired.

38. As an Influencer, in respect of each material created and post, you consent to the relevant business and its successors, licensees, and assigns, and anyone authorised by them, changing, copying, adding to, taking from, adapting or translating, in any manner or context or doing any other act in respect of the material or post notwithstanding that such conduct may infringe your moral rights or performer’s rights (or similar laws in any territory or jurisdiction) in the material or post, and, to the extent possible, your grant a waiver of all moral rights and performer’s rights in each material or post.

Limitation of an influencer

39. Your role as an influencer should be agreeable that you will not:

a. delay posting material or your post after the business has given its approval to your material or post and you must publish your approved material or post no later than 48 hours after receiving notification of the business approval (unless the business stipulates a different timeline);

b. for a period of five (5) hours after the material or post is published, post, share, re-tweet or re-gram any other posts or content to that social media channel or online service where the effect of publishing such additional posts or content would be to reduce the prominence of the material or post;

c. remove the media or post from your social media channels or online services for a period of 30 days after the material or post is published, expiring at 11:59pm on the thirtieth calendar day after the Post is published;

d. edit any approved material or post before or after it has been published other than in accordance with these terms of use;

e. parody, disparage, give any adverse comment or make fun of the business or its products of services generally in any way;

f. create any contextual or surrounding material or posts on a social media channel or online service that in any way detracts from, dilutes the effect of, or undermines material or the post created or the business or its products or services.

40. You acknowledge that the limitations contained in the clause above are reasonable in scope and duration having regard to the interests of the business, influencer and getchr and that these terms of use go no further than is reasonably necessary to protect the interests of the business, influencer and getchr.

The relationship between, influencer, business and getchr

41. As an Influencer, you will at all times perform your obligations and provide material and posts to the business and getchr as an independent contractor (unless agreed per contract) and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither the business nor getchr will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either the business or getchr, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.

42.You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the material or posts constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the business, getchr or any of their respective successors or licensees. You hereby release the business, getchr and their respective agents, employees, successors and licensees, from any and all claims by you or under your authority arising out of or in connection with any portrayal, representation, impersonation or depiction of you under these terms of use.

43. You acknowledge that getchr has not made any guarantees in respect of the success of material or a post or that the material or post will be approved by a business or in respect of your business or commercial performance or otherwise.

Business Requirements

44. Registering your campaign creates a business account and requires the collection of personal data specified in the privacy policy . Completing the checkout process lists all data and material and content onto the getchr service for influencer and public viewing.

45. Businesses agree to grant in respect of all material and content uploaded to the getchr service as part of a campaign:

a. to grant to getchr (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the content for the purpose of marketing and promoting getchr (and its products and services) in any manner, without further notification to or consent of the business or any compensation payable to the business; and

b. with respect to Influencer material and posts related to the campaign, to grant to the relevant Influencer, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to post, share, comment upon and re-post the relevant content across their social media channels and online services in accordance with these terms of use and the philosophy, business culture and influencer culture.

46. With respect to campaigns listed, the business acknowledges and agrees that the businesses use of any material or post is used within accordance with these terms of use.

47. getchr has the right to cancel, suspend, restrict services to and/or terminate a business’s account if getchr believes (in its sole discretion) that the business is not using the getchr service in a fair and reasonable way, or are attempting to use the getchr service in a way which does not treat the Influencers or the getchr service in a fair and reasonable way and/or in accordance with the purposes for which the getchr service were intended.

48. Media Agencies using the getchr service acknowledge and agree getchr is a cost of good and is non-commissionable. No agency rebates will be given.

Campaign Requirements

49. getchr in its sole discretion reserves the right to reject campaigns that do not comply with these terms of use.

50. You must not attempt to instruct, coerce or manipulate Influencer to hide the commercial relationship between the business and the Influencer. Such attempts may result in the business being immediately removed from the getchr service
.
51. You warrant that:

a. you own the Intellectual Property Rights in Content you upload to the getchr Platform and have the right to licence the content to getchr and Influencers in the manner set out in these terms of use; or

b. you have the right to licence the content to getchr and Influencers in the manner set out in these terms of use; and

c. you will not encourage or facilitate any misrepresentation or suggestion that the business or any entity has the approval or sponsorship of any other entity which the business or entity does not have;

d. any content you upload to the getchr service does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; and

e. where the material or posts include third-party material, you will strictly comply with any use limitations notified to you in respect of the third-party material and will obtain all licences required for your intended use of the material or post prior to use of such material or post, including obtaining any licences required with respect to third-party material.

52. In the event, an Influencer meets the requirements outlined in a campaign and you approve the material or post, you will not deny payment to the influencer for the material or post unless the Influencer has otherwise breached these terms of use or the philosophy, business culture and influencer culture. getchr is not responsible for identifying any breach of these terms of use or the philosophy or influencer culture by an Influencer.

53. Business agrees that getchr is not responsible for any aspect of the businesses material or content to be reviewed, shared, sponsored or advertised by Influencers. Business acknowledges and agrees that getchr is not responsible or liable for the content of any material or post.

54. Business acknowledges that Influencers are independent third-parties and not directly controlled by getchr. As a consequence, any material and posts will inherently risk negative or unflattering comments about business content, products or services. Businesses specifically acknowledge and agrees that getchr has no control over any material or post that may be published, and that business is solely responsible (and assumes all liability and risk) for determining whether such material and posts are acceptable and appropriate to the business.

55. You acknowledge that getchr has not made any warranties in respect of the success of any campaign in respect of your business or commercial performance or otherwise of any material, post, social media channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.

Warranties from influencers and business representations

56. Influencers and businesses participating in the getchr service warrant, represent and covenant that:

a. all information you provide to getchr upon registering for an account is true, accurate and complete and not misleading;

b. any third-party social media accounts to which you link are:

i. your own accounts;

ii. if the account refers to a business, that you are the authorised representative of the business with the right to access its social media accounts and represent its interests; and

iii. if the account refers to an individual other than you, you are the authorised representative of that individual with the right to access his or her social media accounts and control his or her interests;

c. You have the right and authority to create an account and agree to these terms of use and the philosophy, business culture and influencer culture, including, where relevant, the authority of any business or individual to create an account, agree to these terms of use and to use the getchr service on its or his or her behalf;

d. You are authorised to submit content, as applicable, in the manner invited via the getchr service;

e. any content you submit to the getchr service will not contain anything that;

i. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;

ii. is copied or adapted either wholly or substantially from any other work or material;

iii. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;

iv. parodies, disparages or makes fun of getchr or its products of services or getchr generally in any way;

v. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (unless part of a campaign);

vi. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;

vii. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or

viii. infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.

Active Acknowledgment

57. The business and the Influencer acknowledge that:

a. neither the Influencer nor getchr is required to purchase any of the businesses products or services;

b. Business may, in its sole discretion, arrange to send an Influencer a sample product for free or part of the campaign Influencer may request a business to send a sample product, but business is under no obligation to do so;

c. getchr will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a business to an Influencer. Address provided by Influencer through the getchr is not verified by getchr;

d. nothing in these terms of use grants to the business any ownership rights in the intellectual property rights in the material or posts or the Influencer’s Identity;

e. nothing in these terms of use grants to the Influencer any ownership rights in the intellectual property rights of the business; and

f. nothing in these terms of use requires the business to make use of any of the rights granted to the business by the Influencer under this agreement.

58. You agree to indemnify, and must defend and hold harmless, getchr and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the getchr service):

a. your content or access to the getchr service;

b. your breach of these terms of use, the philosophy, business culture, influencer culture or any of the warranties or covenants given or made by you;

c. your claim against a business for any reason;

d. your claim against an Influencer for any reason;

e. any claim by any third party (including any other business or influencer) arising directly or indirectly from you breach of any of the provisions of these terms of use or philosophy, business culture and influencer culture;

f. any claim or allegation that your content infringes a third party’s rights, including intellectual property rights.

g. your violation of any applicable laws, rules or regulations; and

h. any misrepresentation made by you.

Payment Terms

59. Purchases for businesses are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit/debit card number, the expiration date of your credit/debit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit/debit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that getchr is not responsible for any loss or damage arising from the submission of false or inaccurate information. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that getchr cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

60. Subscriptions for influencers and businesses are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or getchr cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting getchr customer support team at team@getchr.com. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide getchr with accurate and complete billing information including full name, address, state, postcode, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise getchr to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, getchr will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

61. getchr may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by getchr until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, getchr reserves the right to (i) modify the terms of use of the Free Trial offer, or (ii) cancel such Free Trial offer.

62. getchr, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. getchr will provide you with a reasonable prior notice of any change in Subscription fees to give you a campaign to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

63. Except when required by law, paid Subscription fees are non-refundable.

Limitation of Liability

64. In using the getchr service, you may be exposed to content that is harmful, obscene, misleading or inaccurate. Under no circumstances will getchr be liable in any way for any content, including but not limited to any errors or omissions in such content or any loss or damage of any kind incurred as a result of any use of content posted, transmitted or otherwise made available via the getchr service.

65. Any liability of getchr to a business in connection with these terms of use, the philosophy, business culture and influencer culture or the business use of the getchr service, regardless of the form or cause of action, shall be limited to the amount actually paid by the business to getchr for the services related to the business most recent campaign. getchr shall not be liable to Influencers for damages of any kind arising out of the Influencer’s use of the getchr service. Without limiting their foregoing, in no event shall getchr nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, arising out of, or in connection with, the getchr service, these terms of use, the philosophy, business culture and influencer culture, or any material, post, content or campaign. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, even if getchr or any other party has been advised of the possibility of such damages.

Disclaimer

66. These terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Whilst getchr endeavours to take all reasonable steps to ensure that the getchr service operates as expected, the getchr service and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. getchr disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. getchr does not make any guarantees and does not provide any undertaking that the getchr service will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the getchr service at your own risk and that getchr disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the getchr service, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using the getchr service. You assume total responsibility for your use of the getchr service, including compliance with all applicable road rules and regulations. Subject to the consumer guarantees, your sole remedy against getchr for dissatisfaction with the getchr service or any content is to stop using the getchr service or such content. This limitation of relief is a part of the bargain between the parties.

67. If the supply of any goods or services by getchr to a business or Influencer constitutes a supply of goods and/or services to a consumer then subject to the limitation to this clause below and unless the goods and/or services are consumer goods or consumer services, getchr’s and its affiliates’ and related entities’, its servants’, employees’ and agents’ liability for any breach of these terms of use, including any liability for any losses or consequential losses which the business or Influencer may suffer or incur because of a failure to comply with a consumer guarantee will be limited as getchr may elect in its sole discretion, in the case of services supplied or offered by getchr, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by getchr, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. This clause does not apply if it is not Fair or Reasonable for getchr to rely on it.

Service Monitoring

68. getchr reserves the right to monitor the getchr service generally and all account activity. If your account shows signs of fraud, abuse or suspicious activity, getchr may close or freeze the account immediately. getchr retains the right and absolute discretion to suspend or terminate your account, and/or access to the getchr service generally without notice if getchr believes you have abused any privilege accorded to you as a participant in the getchr service, supplied misleading information or made any misrepresentations to getchr in connection with the getchr tampered with the getchr service in any way, breached these terms of use or the philosophy, business culture, influencer culture, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the getchr service. getchr retains the right to remove any content that it considers breaches these terms of use or the philosophy, business culture and influencer culture. In the event of termination or suspension of your account in accordance with these terms of use, you will have no further access to your account for the duration of the suspension or at all in the event of termination. getchr’s legal rights to recover damages or other compensation from you are reserved.

Generalisation of Terms

69. If the getchr service is not capable of running as planned for any reason beyond the reasonable control of getchr, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the getchr service, or if any social media platform or online service alters its terms of service, access or permission in such a way that affects the getchr service, getchr reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the getchr service.

70. These terms of use are governed by and are to be construed in accordance with the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the courts of the English courts.

71. No additional Influencer, business or media agency originating agreement or other terms and conditions (including purchase order or insertion order terms and conditions) may be imposed on getchr unless agreed by getchr in writing and, in such case, if any terms and conditions in an Influencer, business or media agency originating agreement or other terms and conditions are inconsistent with these terms of use, these terms of use shall prevail to the extent of any inconsistency.

72. If you are using the getchr service on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These terms of use constitute the entire agreement between you and getchr and govern your use of the getchr service, superseding any prior agreements between you and getchr. You will not assign any rights or obligations under these terms of use, in whole or in part, to any third party without the prior written consent of getchr. getchr may assign its rights or obligations hereunder at its sole discretion.

73. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these terms of use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

74. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

75. Please refer to our glossary of terms for the getchr service and conditions here (include link here).

Contact Details

Address Details:
6 Salisbury House, Wheatfield Way, Hinckley,
Leicester, United Kingdom, LE10 1YG

Email:
team@getchr.com

About:
https://www.getchr.com/about