Terms and Conditions

Terms of Service - Content Provider

Terms of Service (“Terms”)
Last updated: 25 February 2020

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the website (the "Service") operated by Sponsor My Content Pty Ltd ("The Company"/”Service Provider”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Trusts

1.1 The Company will collect money from the Advertiser to hold on trust until you fulfil your obligations under the contractual terms.

1.2 The money will be held for no more than 28 business days from the date an order is approved by the Advertiser.

1.3 When an order has been approved by the Advertiser, you are contacted by the Company and asked how you would prefer to receive payment.

1.4 All payments details received for the purposes of Clauses 1.3 shall be deleted by the Company following said payment shall not be stored at any time.

1.5 The Company, as per clause 2.1, will withhold commission.

2. Commission

2.1 A commission fee will be withheld by the Company totaling 20% of the total, where the company has retained money on trust for the advertiser.

2.1.1 Where you do not fulfill your obligations under the contractual terms the commission will still be payable to the Company.

3. Payments and Currency

3.1 All payments made to and paid out of the Company shall be in United States dollars ($US).

3.2 All matters pertaining to refunds made to the Advertiser, or any other refunds made as required from time to time shall be subject to Clause 3.1.

3.3 Telegraphic transfers of funds shall attract a fee equivalent to $30 Australian dollars (AUD) per transfer.

3.4 Notwithstanding Clause 3.3, the Company shall endeavor to pay reasonable transaction fees where we feel that it is economically viable (to our sole discretion), but we reserve the right at all times to pass on any transfer costs you.

4. Terms of service changes

4.1 Content Providers should read and consider the Terms of Service provided by Third Party platforms.

4.2 Content Providers shall agree to be bound by such Terms of Service.

4.2.1 The agreement entered into at a particular point in time between the Content Provider and the Advertiser will not be affected by future changes to the Terms of Service.

5. Communication

5.1 The Service Provider shall be a party to all communication between the Advertiser and Content Providers.

5.2 Where you wish to post on any form of social media you must forward a draft of the post to the Advertiser for the Advertiser’s approval.

5.2.1 Money on trust will only be released where the Advertiser’s approval has been granted. 5.2.1.1 Money released is subject to commission as per clause 2.1.

6. Breach

6.1 Where you breach the Terms of Service for a third party’s platform, causing any Content to be removed, the Advertiser is entitled to a refund of their monies held in trust subject to the commission as outlined in clause 2.1.

6.1.1 In the event that a third party removes the Content through no fault your own the Advertiser will not be entitled to a refund of their money, and monies shall be paid to you, as the Content Provider, subject to clause 2.1.

7. Internal Dispute Resolution

7.1 Where a dispute arises between the parties, it is an essential term of these Terms of Service that those parties must attend arbitration or mediation with the Service Provider prior to pursuing other legal avenues.

7.1.1 If a suitable agreement cannot be reached between the parties, as mediated under clause 6.1, the disputing parties shall be free to pursue their claims by legal means subject to clause 15.

8. Termination

8.1 We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

8.2 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8.3 In the event of false and/or misleading declarations on the part of the content provider regarding their subscribership numbers or any other material facts the company shall not be held liable.

9. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are solely responsible for ensuring that your submissions will not contain third party copyrighted material or material that is subject to other third party proprietary rights unless you have permission from the rightful owner of the material. Furthermore you affirm, represent and warrant that you have and own the necessary licenses, rights and consents.

You will retain all your ownership rights for your Content. You hereby grant each user a non exclusive licence to access your Content through the Service and to use, reproduce, distribute, display, publish and electronically transmit the Content as permitted through the functionality of the Service and under these Terms of Service. You further agree that you will not submit to the Service any Content or any other material that is contrary to this agreement and or infringes upon the intellectual property rights of any persons.

10. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such web sites or Services.

11. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will endeavour 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.

12. Warranty Disclaimer

12.1 The Service Provider represents and warrants that: 12.1.1 It will perform the services with reasonable care and skill; and

12.1,2 the services and the materials provided by the Service Provider under this agreement will not infringe or violate any intellectual property rights or other right of any third party.

13. Indemnity

13.1 To the fullest extent permitted by applicable law you agree to indemnify and hold the Company harmless from and against all damages, losses and expenses of any kind including reasonable attorney fees and costs arising out of:

i. The use and access of the Service,
ii. Violation or breach of the agreement,
iii. User Content,
iiii. Any activity engaged in, via the Service, which is a violation of any law or the rights of a third party.

13.2 This defence and indemnification obligation will survive these Terms of Service and your use of the Service.

14. Limitation of Liability

14.1 The Service Provider shall not, to the extent permitted by law, be made liable to either the Advertiser’s or the Content Provider’s liability in contract, tort, or, including but not limited to, negligence arising directly out of or in connection with this agreement or performance or observance of its obligations under this agreement.

14.2 To the maximum extent permitted by applicable law the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages or further any loss or profits or revenue, goodwill, loss of data, harm to any computer systems or any other harm resulting as a consequence of the use of the Service and/or Content, or any other indirect or consequential loss or damage whatsoever.

14.3 Nothing in clause 14 will serve or limit to exclude either party’s liability for death or personal injury arising from its own negligence.

15. Severability

15.1 Unless otherwise stated should any provision of the agreements be held voidable or unenforceable for any reason or to any extent, such as violability or unenforceability will not render voidable or unenforceable the remaining provisions of the agreements and the application of any such provisions shall be enforced to the extent permitted by law.

16. Governing Law

These Terms of Service shall be governed by and construed in accordance with New South Wales Law, Australia, without giving effect to any principles of conflicts of law without application of the United Nations Convention of Controls for International Sale of Goods. You agree that any action at law or in equity arising out of or relating to these terms or your use or non-use of the Services shall be filed only in New South Wales courts and you hereby consent to the jurisdiction of such courts for the purposes of litigation.

17. Assignment

17.1 The Company may assign the agreements or any part of them and may delegate any of the obligations under the agreements.

17.2 You may not assign the agreements or any part of them nor transfer your rights under the agreements to any third party.

18. Intellectual property rights

18.1 The Content Provider agrees to grant to the Service Provider a non-exclusive, irrevocable, royalty-free licence to use, copy and modify any elements of the Material not specifically created for the Advertiser as part of the Services. In respect of the Material specifically created for the Advertiser as part of the Services, the Content Provider assigns the full title guarantee to the Service Provider and any all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. If any third party intellectual property rights are used in the Material the Content Provider shall ensure that it has secured all necessary consents and approvals to use such third party intellectual property rights for the Advertiser and the Content Provider.

18.2 For the purposes of Clause 17.1, "Material" shall mean the materials, in whatever form, used by the Content Provider to provide the Services and the products, systems, programs or processes, in whatever form, produced by the Content Provider pursuant to these Terms.

19. Miscellaneous

19.1 The failure of either party to enforce its rights under this agreement at any time for any period shall not be construed as a waiver of such rights.

19.2 If any part, term or provision of this agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this agreement shall be affected.

19.3 This agreement constitutes the entire understanding between the parties relating to the subject matter hereof unless any representation or warranty made about this agreement was made fraudulently.

19.4 Neither party shall be liable for failure to perform or delay in performing any obligation under this agreement if the failure is caused by circumstances beyond its reasonable control. If the delay or failure occurs for longer than seven (7) business days, the party affected by such delay or failure shall be entitled to terminate the agreement by notice in writing to the other.

20. Minor Users

20.1 When the “I verify that I am at least 16 years of age” is selected when you sign up to the Service, an electronic mail will be sent to your nominated email address.

20.2 A Parental Permission Form is attached to the electronic mail forwarded to you pursuant to Clause 20.1.

20.3 For the purposes of Clause 20.2, it is your responsibility to complete this form and return it to the Company within seven (7) days of the date of the electronic mail.

20.4 Failure to comply with Clause 20.3 may result in your account being deleted in the sole discretion of the Company.


Contact Us :

If you have any questions about these Terms, please contact us at: legal@sponsormycontent.com.

Privacy and Policy

Privacy Policy - Content Provider 

Last updated: 25 February 2020

Sponsor My Content respects your privacy and is committed to protecting the personal information of its content providers and advertisers (‘users’). This policy explains our privacy practices for the Site and Services provided by Sponsor My Content. By accessing the site and using its related sites, services and goods you agree to these terms and conditions of this policy.

What we collect .

Upon registration of this site you will be asked to provide certain personal information, which may include a valid email address and your full name. We may also collect information while you access and browse the site through usage, IP addresses, geo location and communications recorded by Users through the site. This information is used to enhance user experience and personalise browsing but also to ensure the site is safe from fraud and inappropriate content behaviour. Once registration is complete, the user’s first name, last name and email address remains private and cannot be viewed by the public. All other information such as include photos you upload and other information to complete your profile will be made visible to the public and all users of the site.

How we collect .

Each user through the registration of a profile will directly provide majority of the information we collect. We also collect technical information indirectly and automatically through IP address, software configuration and cookies. Cookies aid the navigation and ease of the use of the site.

How we use the information .

All processing of your personal information will be on the basis that:

o You have provided your consent for us to use your information;
o The use of the information is necessary;
o The process is necessary to comply with legal obligations; and
o The process is necessary to support our business interests.

Direct marketing .

o Your personal information may be used from time to time to send you communication related to marketing for our products, services or promotions that may be of interest to you via phone, email or post.

o We take steps to limit marketing to a reasonable level and send you communication, which is tailored to your use of the site, and what we believe may be of interest or relevance to you.

o You have the right to opt-out of such direct marketing at any time through unsubscribing via email or following the op-out prompts via text.

How long do we keep your information?

Personal information will be retained for as long as reasonably required to fulfil the purposes for which it was collected.

Children under the age of 16 .

Sponsor My Content is committed to protecting the privacy of persons under the age of 16 years (minors). We only collect the full name and email address of minor aged users of our site via a prompt which differentiates between adult and minor users. All collation, use and storage of data from minor users are to be used in similar manner to this Privacy Policy.

Sharing personal information with third parties .

Personal information will not be provided to third parties without your explicit consent. Sponsor My Content does not sell or provide information given by to it by its users to any third parties, subject to the below.
Any information provided by our users is solely to enhance the users’ experience and for marketing and other promotional material, or to fulfil legal obligations
.
Where we may provide your details to a third party without your consent: o To service providers for the purposes of opening and operating your account as well as for payment systems and technical consultants.

o In response to subpoena or court order or any regulatory authorities where we have a legal obligation to do so.

o To secure and protect against fraud and unauthorised transactions claims or other liabilities o Personal information will be required to be disclosed where the business goes through a merger, sale or transfer.

Security, Storage and retention of information .

We take reasonable steps to protect your Personal information, Sensitive Information and Unique Identifiers that we store from misuse, loss, unauthorised access, modification or disclosure.

What are cookies?

Cookies are text files that are downloaded to your device when you visit the site. They allow our site to recognise the device and allow efficient navigation and remembrance of preferences to improve the user experience. There are different types of cookies such as necessary cookies that enable us to various features, performance cookies related to collection of information, functionality cookies which allow the website to remember your choices and targeting or advertising cookies for the delivery of advertisements which will be more relevant to your interests.

Managing, reviewing and updating your information .

You can review and change your personal information by logging into the site and visiting your profile account page. You are also able to delete your User account at any time however please note that copies of your user-generated content may remain viewable on cached and archived pages.

External links .

The site may contain links to third party sites and any personal information you provide to these sites will not be under the control of Sponsor My Content and not subject under this policy. If you provide details to a third party site or submit any material to the third party site, it will be subject to the privacy policy of the third party site and you must read and agree to their terms and conditions as well as their privacy policy.

Security .

Sponsor My Content will take the appropriate measures to prevent unauthorised access, loss, alternation, misuse or damage to the site. Transfer of data over the Internet is subject to certain risks and Sponsor My Content will endeavour to do their best to ensure once the data has been received it will be subject to strict security features to prevent unauthorised access. Users are responsible for keeping their password secure and private and ensuring they do not disclose it to any one or any third party.

Rights of Users Under EU Regulation .

Under applicable EU regulation you may have some or all of the following rights in respect of your personal information:

o Obtain information about how and on what basis your personal information is being processed;

o Rectification of inaccurate personal information;

o Removal of personal information where it is no longer required for the purposes of the site;

o To restrict processing of your personal information where:
(a) the accuracy of the personal information is contested;
(b) the processing is unlawful but you object to the erasure of the personal information;
(c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim;

o To obtain a portable copy of your personal information, or to have a copy transferred to a third party controller; or

o To obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.

Additional data may be required to confirm your identity for security purposes before disclosing data requested by you. We have the right to decline where the request may impede on the privacy of others, is extremely impractical or would cause action that is not permissible by law.

Your Australian - Australian Privacy Rights .

Privacy Act (Cth) 1988 is an Australian law regulating the handling of personal information about individuals. All rights and obligations for both Sponsor My Content and its users will be regulated by this act. Changes to privacy policy. We reserve the right to change this policy at any time, you will be notified when there has been a change and asked to read and accept the new changes before continuing to use the site. Continued use of the site will be taken to constitute agreement to the terms, conditions and privacy policies and you will be bound by those changes.

Contact Us :

If you have any further questions or comments regarding this policy, we strongly recommend you email us at: legal@sponsormycontent.com and we will be able to assist you with your enquiries.