TERMS & CONDITIONS
1. DEFINITIONS AND INTERPRETATION
When this contract is accepted it will be considered valid, not being necessary a physical signature for security reasons.
The following terms in these Terms and Conditions have the meanings set out below, unless otherwise indicated:
Start date of service:
NUMUCorp means NUMUCorp Pty Ltd, NUMUCorp Spain SL.
NUMUCorp Platform means the Application, Company Portal and any associated NUMUCorp properties or websites.
Application means the NUMUCorp App
Account means a Brand Account or an user Account;
Brand means any person or entity, or its duly authorised agents or representatives, that use the NUMUCorp Platform for the purpose of creating Campaigns;
Creator means a verified user who registers to use the Application to have access to Partnership Campaigns and create and distribute Posts and receive compensation for such Posts through the NUMUCorp Platform.
Campaign means an Experience Campaign or a Partnership Campaign created by a Brand
Content means a Post or any other content or materials uploaded to the NUMUCorp Platform by a Brand or an user.
Post Fee means the fee a Creator nominates as the amount it will charge a Brand to share a Post.
Numu Score means a numeric calculation given to any user when downloading the NUMUCorp App based on their Social Media profile reach and engagement.
When these Terms are accepted it will be considered valid, not being necessary a physical signature for security reasons.
3. USING THE NUMUCorp PLATFORM
NUMUCorp allows Brands to create Experiences and Partnership Campaigns which are then shared with users via the Application. Users using the Application can respond to a Campaign by creating a Post or Story and submitting it to the NUMUCorp Platform for approval. Users earn benefits or compensation when:
In relation to Experience Campaigns, NUMUCorp approves a Post published by any user; or
In relation to Partnership Campaigns, a Brand approves a Post and the Post is published to the Creator’s Community via his or her Channels and acquires rights to use that Content in accordance with a Rights Licence.
In order to use the NUMUCorp Platform, users must register an account via the Application and Brands must register an account via web in the manner required. NUMUCorp reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of NUMUCorp is final and no correspondence will be entered into.
NUMUCorp reserves the right to monitor the NUMUCorp Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, NUMUCorp may close or freeze the Account immediately. NUMUCorp retains the right and absolute discretion to suspend or terminate your Account. NUMUCorp’s legal rights to recover damages or other compensation from you are reserved.
To register a Brand Account, you must access to our web and create an Account in the manner required and selecting your preferred payment method and providing payment details where requested. NUMUCorp may, at its sole discretion, implement a minimum spend for Brand Accounts. Brands are able to create two types of Campaigns using Experiences and Partnerships. Brand agrees to grant in respect of all Content uploaded to the NUMUCorp Platform as part of a Campaign:
The Brand will:
Give NUMUCorp the right to use its name, logo and trademark in the application. Likewise, NUMUCorp recognizes the right to have its name linked to the client’s name for promotional purposes.
Do not give unlawful or immoral information that may in any way harm the idealist prestige.
In Experience Campaigns: Provide the benefit that correspond to each NUMUCorp user for the required action as set in the specific Campaign.
Guarantee the security of links and hyperlinks published.
Contrast the veracity, accuracy and legality of the information provided. The Brand declares to know that NUMUCorp is not obliged to verify these extremes and therefore is not responsible for the information published.
Be responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account and immediately notify NUMUCorp of any unauthorised use of your Account or any other breach of security
Communicate to NUMUCorp in writing to the mail any change in contact in-formation.
To register an user Account, user must download the Application and sign in to the Application with their Facebook or email account. In order to access to certain Campaigns users must connect their Instagram account in the manner required.
The NUMUCorp Platform is designed for use by people aged 16 years and over. Users under the age of 16 years may only use the NUMUCorp Platform with the consent of a parent or legal guardian. To use the NUMUCorp Platform, you must be eligible to use the social media platforms upon which you intend to publish Posts. You are solely responsible for your interactions with other users of the NUMUCorp Platform. You agree that NUMUCorp is not responsible for the conduct of any user.
Users warrant, in respect of each Post and you upload to the Application that:
you are aged over 16 years or over 13 years and have your parent or legal guardian’s consent;
for users aged over 16 years, if your Post features children aged 16 or younger, that you are the parent or legal guardian of those children;
for users aged 13 years to 16 years, that you have your parent or legal guardian’s consent and that your Post does not feature other children aged 16 years or younger;
you own the Intellectual Property Rights in the relevant Post and have the right, as applicable, to licence the Post to NUMUCorp and the Brand;
the relevant Post does not contain any false statement or representation or does not violate the privacy rights;
the relevant Post is original and does not contain materials that have been previously published;
if the relevant 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 NUMUCorp and the Brand;
the use of the Post and the exercise of the Intellectual Property Rights in the relevant Post by the Brand and NUMUCorp 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.
5.1 Upgrade to Creator Account
Any user may upgrade their user account to a Creator Account if verified by NUMUCorp, but in order to apply to participate in any Partnership Campaigns and earn compensation via the NUMUCorp Platform, users must meet the following minimum standards:
Numu Score over 5000;
Creator’s Social Media Channels must be public (viewable by anyone); and
Users must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical. In the event that NUMUCorp detects that users are not complying with the requirement for followers to be authentic and organically grown, NUMUCorp reserves the right to remove users from the NUMUCorp Platform.
5.2 Creator Compensation
In relation to Partnership Campaigns, once a Post has been approved by a Brand, you are required to publish the Post to your relevant Social Media Channel through the NUMUCorp platform in the manner required within 48 hours of the Post being approved. You will not have an opportunity to edit a Post after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts.
You acknowledge and agree that the relevant Brand will be solely liable for Payment of the applicable Post Fee for the approved Post. NUMUCorp merely facilitates such Payment on behalf of the Brand, under no circumstances does NUMUCorp accept liability for Payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, against NUMUCorp for any non-payment, and that this provision constitutes a bar to any such proceedings.
6. COST OF SERVICE AND PAYMENT TERMS
In relation to Experience Campaigns: The service has an activation cost, a monthly cost, and a redeem cost defined in the NUMUCorp Platform. The price of each billing period will be determined based on the category that the contracting Brand is selecting. Payment for the service will be made every month by card within the first five days of the next calendar month. Failure to pay the service may lead to its interruption. In the event that a return of the direct debit occurs for causes not attributable to NUMUCorp, NUMUCorp reserves the right to turn over to the client the expenses that the bankpasses to NUMUCorp for the transactions (Taxes not included). In addition, NumuCorp reserves the right to cancel the account of any client contracting the Economic plan that is not generating at least 15 redeems on a monthly basis.
NUMUCorp reserves the right to review the price or conditions of its services and will notify the client by email to the billing email indicated above, the new conditions at least 30 calendar days before the expiration of each agreed period.
Brands expressly authorize NUMUCorp to send communications by email, including those of a commercial nature as established in Title III of Law 34/2002,of July 11, on information and electronic commerce services, about products and services that may be of interest to you. Brands may object to the sending of these communications at any time by sending an email to email@example.com.
8. PARTNERSHIP CAMPAIGNS
Creators and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the NUMUCorp Platform. Without limiting any other rights or remedies available to NUMUCorp, any attempt to circumvent the NUMUCorp Platform may result in removal from the NUMUCorp Platform at NUMUCorp’s sole discretion. You may not remove any watermarks or copyright notices contained in any Content on the NUMUCorp Platform.
Brand acknowledges that Creators are independent third parties and not directly controlled by NUMUCorp. As a consequence, any Posts will inherently risk negative or unflattering comments about Brand’s content, products or services. Brand specifically acknowledges and agrees that NUMUCorp has no control over any Post that may be published and that Brand is solely responsible (and assumes all liability and risk) for determining whether such Post are acceptable and appropriate to the Brand.
Brand acknowledges that NUMUCorp 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 Post, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.
9. RIGHTS IN POSTS
In consideration of Payment of the Post Fee, the Creator agrees to grant in respect of each and every Post:
to NUMUCorp the right to edit and re-format the Post into such formats or versions for use by NUMUCorp in such media as NUMUCorp requires;
a licence to use the Post for the purpose of marketing and promoting NUMUCorp in any manner, without further notification to or consent of the Creator or any further compensation payable to the Creator;
the right to use the Creator’s Identity and performances in the Post and to communicate the Post to the public in all languages, in all media.
to the relevant Brand:
the right to organically share, comment upon and organically re-post the relevant Post in the social media channel upon which the Post was published, for a period of thirty (30) days expiring on the thirtieth day after the Post was first published; and
the right to use the Creator’s Identity and performances in the Post and to communicate the post to the public in accordance with conditions above and in any earned media or public relations activity published by a third party.
10. DATA PROTECTION
If applicable and for the purposes of the provisions of Organic Law 15/1999, of December 13, for the protection of personal data, NUMUCorp informs the client that their data will be stored in a personal data file with the purpose of managing the contractual relationship. By providing us with your data, the user declares to NUMUCorp that the information is true, to the best of their knowledge. The Brand may exercise the rights of access, rectification, opposition and cancellation by an email addressed to firstname.lastname@example.org or by written and signed request addressed to NUMUCorp Address: ThincLab, Ground Floor, 10 Pulteney Street Adelaide, Australia 5000. This request must contain the following information: name and surname of the user, address… NUMUCorp will fulfill its obligation of personal data secrecy and its duty to keep them, and adopt the necessary measures to prevent its alteration, loss, treatment or unauthorized access, in accordance with current regulations. The present terms and conditions are governed by the Australian & Spanish Legislation. Any question or conflict over its interpretation or application will be resolved before the judges or regional courts of their Cities(Example: for Spanish conflict, they resolution can happen in the courts of LA CORUÑA).
11. CONTACT DETAILS
Address: 60 Paya Lebar Road. #07-43c Paya Lebar Square Singapore (409051)