In these Terms of Use


 
“Account” means the account which, as an Key Opinion Leader (KOL), you open when you register on the Platform.

“Account Confirmation” means the written confirmation that we may request from you upon opening an Account and that we will require before we can release any KOL Fees to you.

“Applicable Law” means any law, decree, circular, or regulation that applies to the Users or the Company from time to time when using the Platform or when carrying out a Campaign.

“Campaign” means a campaign to promote or endorse a brand, product or service that is proposed by the Client and for which an Influencer can submit a Proposal through the Platform.

“Campaign Brief” means the description of the Campaign prepared by the Client and setting out the Campaign Requirements and the required KOL Services.

“Campaign Requirements” means the requirements and specifications of the Client for the Campaign, including its terms and conditions, selection criteria for KOL, KPI for the Services, and other details as the Client may determine. 

“Client” means a brand owner or commercial customer who may solicit Proposals from KOL to provide the KOL Services. 

" Deposit " means a prepayment made or to be made by the Client for the provision of the Services under one or more Campaign from which the Service Fee and the Influencer Fees will be made upon completion of a Campaign. 

“Booking KOL”, “we”, “our”, or “us”, means Booking KOL Platform Develope by TRUM JSC ® Company with MINION SOLUTION and PLV International PTE.LTD ®, a limited liability company established under enterprise registration certificate no. 201-836-648.K in Singapore

“Inactive Account” means an Account that has not been logged into for a continuous 6 months period.
Influencer”,”you” hoặc “your” means an influencer who maintains an Account with the Platform and who may submit an offer through the Platform to carry out the Influencer Services.

"KOL Fee” means the service fee set out by an KOL in their Proposal for a Campaign and which, upon being selected by a Client, the KOL can earn upon successful completion of the Campaign (subject to the deduction of the Platform Fee). 

" KOL Services” means the endorsement, advertising, promotion, review or other favourable mention of the brand, product, or service for which a Campaign is to be carried out and any other incidental services by the KOL through the Marketing Platform as required of an KOL who is selected by the Client to carry out a Campaign.

“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trade marks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

“KPI” means measurable key performance indicators which an KOL shall meet in providing the Booking KOL Services as set out in the Campaign Brief, typically described by the number of “posts” than an KOL shall provide.

“Marketing Platform” means the relevant platform or means through which a selected KOL will implement the Campaign and provide the KOL Services, including without limitation, any social network, online or offline media, or other means or manner through which the relevant KOLServices will be provided. 

“Platform” means the platform operated by Booking KOL through its website “BookingKOL.com” or otherwise (including any application, tool or service) that permits brands and businesses to launch Campaigns and to appoint KOL to carry out the Campaigns based on a preapproved budget and KPI for the Campaign. 

“Platform Fee” means the service fee that we charge KOL for the provision of the Platform Services to them in relation to a Campaign for which they have been selected and for which they have earned the KOL Fee. The Platform Fee will be deducted from the Influencer Fee otherwise payable under these Terms of Use. 

“Platform Services” means the services to be provided by Booking KOL from time to time to either, as may be the case, the Client and/or the KOL, but excluding the KOL Services.

“Platform Technology” means the technology on which the Platform is built, including any code and algorithms, used in the operation of the Platform 

“Privacy Policy” means our privacy policy a copy of which can be found her [link]

“Proposal” means a marketing proposal provided by a matching KOL to the Client with regards to the Campaign and the KOL Services that the KOLis proposing to the Client. 

“User” means, as is relevant in the context, a Client or an KOL.
“Territory” means the Socialist Republic of Singapore, Vietnam, Thailand...


1. Description of the Platform
BookingKOL.com is a Platform which matches Clients and KOL for the successful implementation of Campaigns. The Platform uses a data-driven algorythm and the Platform Technology to allow Clients to find pre-selected KOL to bid for and implement Campaigns and to provide the KOL Services.

2. General Matters on Use of the Platform
a) By accessing or using the Platform you agree to be bound by the terms and conditions of these Terms of Use and you agree that the Terms of Use will apply whenever you use the Platform, or when you use the tools we make available to interact with the Platform or with other Users. We may from time to time update these Terms of Use and by continuing to access or use our Platform, you agree to any such updated Terms of Use from time to time
b) Unless required by relevant regulations, we have no obligation to notify you of any changes to the Terms of Use or the functionalities of the Platform. However, by providing your email to us, you agree that we may contact you at any time, at our sole discretion, to notify you of any updates to the functionalities of the Platform or the Terms of Use.
 

3. Account Registration
a) Whether you use the Platform as a Client or as an KOL, you must first open an Account with us. We may ask you to provide us with a written Account Confirmation before enabling an Account. In any event, we will require a written Account Confirmation from you before we can pay any KOL Fees to you. The information you provide to register such Account must be accurate, complete and updated. The username provided by you may not be one that impersonates another person, nor breaches any rights of a third party, nor is offensive or objectionable to us for whatever reason. We reserve the right to close your Account or request that you change the username at any time should you fail to comply with the foregoing. We may, at our absolute discretion, refuse to register an Account to any person or corporate entity.
b) You confirm to us that you have authority to act on behalf of the person or organisation for whom you apply to register an Account. We may communicate with, and provide login detail, to such email or correspondence address as provided by you when registering the Account or when you update its details with us or online.
c) We note that you must be at least 16 years old in order to create an KOL Account with us and we reserve our right to obtain a confirmation from your parents or legal guardian if you are less than 18 years old.
d) If you are registering an Account on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms of Use on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms of Use. In that case, “you” and “your” in these Terms of Use refers to you and that Organization. We may require such corporate documentation in a form acceptable to us before we agree to open or validate an Account for an Organization.

e) We shall use reasonable efforts to keep your Account secure. Notwithstanding the foregoing, you are solely responsible for keeping your Account secure and for any activity on your Account. The Platform provides an option for you to delete your Account and to deregister. However, we may temporarily refuse to delete an Account while Campaigns are pending in which you are involved either as Client or as KOL.
f) a) We may close an Account without notice if you have breached these Terms of Use or our Agreement or where your Account has been inactive and you have not logged on to the Platform for a period of at least 6 months.


4. General Conduct
You agree that while using the Platform, you will not and shall not allow anyone through your Account to:
a) post content or items in inappropriate categories or areas on our Platform;
b) infringe any Applicable Law, third party rights or, where applicable, breach the Agreement;
c) post false, inaccurate, misleading, defamatory, illegal or offensive content (including personal information);
d) take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Platform);
e) transfer your Account to another party without our consent (however, if you permit third parties access to your Account, you do so at your own risk and you will remain liable that any such third parties observe these Terms of Use and, where applicable, our Agreement);
f) distribute or post spam, viruses or any other technologies that may harm or compromise the security or functionality of the Platform;
g) download and aggregate listings from our Platform for display with listings from other websites, “frame”, “mirror” or otherwise incorporate any part of the Platform into any other website;
h) a) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Platform; or
i) harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Campaigns
a) Clients may propose a Campaign through the Platform by providing a Campaign Brief and paying a Deposit which will be administered by us.
b) KOL that are matched with a Campaign by our Platform Technology may be invited to submit a Proposal for the Campaign. The KOL may then submit their Proposals and shall ensure that their Proposal addresses the Campaign Requirements as specified in the Campaign Brief on the Platform.

c) After a winning KOL has been selected by the Client and has been appointed to implement the Campaign, the KOL shall be bound to perform the KOL Services according to these Terms of Use and the Campaign Requirements.
d) When the winning Influencer(s) has (have) completed the KOL Services in accordance with the Campaign Brief and otherwise in compliance with these Terms of Use, the Client will determine whether the KOL has met the relevant KPI (where so stated in the Campaign Brief). In the event of any dispute, we may make an final and binding determination whether the KOL has completed the KOL Services appropriately.
e) Upon successful completion of the Campaign and provided that the KOL is in compliance with these Terms of Use, the KOL Fee (as applicable to the relevant KOL) will be released by us to the relevant KOL, subject to any retention of the Platform Fees.
f) At our sole discretion, we may retain or reduce the KOL Fees if the KOL has breached the Campaign Brief or otherwise breaches the Terms of Use as provided herein. If the Campaign has only partially been completed, we may determine not to pay or to pay 50% or 75% of the KOL Fees only.
g) If there is any dispute between the Client and an KOL on whether the Campaign was completed successfully, the Influencer will have to await our determination of the matter before we can release the KOL Fee.

6. KOL Contracting Party
a) Whether, for a specific Campaign, your contract is with the Client directly or with us depends on the form of Campaign and our Client from time to time and, as an KOL, we may be your contract counterparty for the KOL Services directly or we may only act as an intermediary and the appointment of you as KOL, together with all contractual relationships arising out of or in connection therewith, will then be with the Client directly (and the Client has only authorised Booking KOL to appoint you as a selected KOL on their behalf, and to manage the payment of the KOL’ on their behalf). As a KOL, you can review in the relevant Client profile whether such Client contracts with you directly (direct appointment) or whether your contract is executed with us directly (Booking KOL appointment).
b) In the event that you, as an KOL, contract directly with the Client under these Terms of Use, you acknowledge and agree that the relationship between you as KOL and the Client is that of an independent contractor. Nothing in these Terms of Use or any content of the Agreement creates a partnership, joint venture, agency or employment relationship between us and the KOL in these circumstances. Furthermore, nothing in this Agreement or any content of the Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between the relevant User and Booking KOL.

7. Obligations of Influencers in providing Influencer Services
As a selected KOL for any Campaign, in implementing the Campaign and by providing the KOL Services, you agree:
a) To observe all Campaign Requirements as set out in the Campaign Brief;
b) Not to create any posts on the Marketing Platform which would be contradictory to the Campaign Requirements, or be defamatory, or could negatively reflect upon the Client, the image of the Client or the products or services for which the Campaign was created (including without limitation, not to post or publish negative or slanderous or libelous posts, not to post wrong photos or misspelling the name of the brand, product, service or the Client, as applicable);
c) To observe the time-frame for which the Campaign was created (including to provide all KOL Services in a timely manner within the time period given for the Campaign);
d) To maintain (and not to edit, delete, hide or otherwise make inaccessible, unless specifically requested by the Client), any posts or published items of a Campaign, to permit the Client to verify the results of the Campaign, for a period of at least 30 days from the end of the Campaign as stated in the Campaign Brief;
e) Not to create or use, or encourage or permit that others create or use, fake accounts for the purposes of interacting with the Campaign and/or to carry out any other activities that may skew the results of the Campaigns;
f) To observe all Applicable Laws;
g) To observe all relevant regulations and user policies of the relevant Marketing Platform;
h) To comply with all other terms of the Campaign Agreement.
8. KOL Fees and Platform Fees
a) When submitting a Proposal, the KOL will be requested to determine the KOL Fees that the KOL wishes to apply for the KOL Services under the Campaign. The KOL shall be bound by the Proposal and KOL Fees submitted for a Campaign, except in the event of manifest error.
b) We charge KOL a Platform Fee for each successful Campaign at an amount of currently 15% of the KOL Fees. The Platform Fee that applies to the relevant KOL will be deducted from the KOL Fee before the remaining amount is released and any KOL Fee is paid for any successful Campaign. We may review the Platform Fees from time to time and will update you on any changes by updating the relevant Platform Fee rates by publishing an updated version of these Terms of Use on the Platform.
c) Unless otherwise stated, all KOL Fees and other Fees on the Platform are quoted in THB. Even where we make statutory tax payments in relation to KOL Fees, the KOL shall remain solely responsible for their own personal income tax in connection with the KOL Fees.

9. Promotion
We may display your name, company or business name, logo, images or other media, and public description of your Campaign and profile as part of the Services and/or with other marketing materials relating to the Platform. 

10. Advertising
a) Unless otherwise agreed with us, you must not advertise an external platform, product or service on the Platform. Any platform address posted on the Platform, including in a listing, bid, listing description, clarification board or the message board, must relate to a Campaign or Campaign Service.
b) We may display sponsor advertisements and promotions on the Platform. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such content on the Platform.

11. Non-Circumvention
a) You must not post your email address or other contact information on the Platform, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Platform.
b) Unless you have a prior relationship with a User, you must only communicate with Users via the Platform.
c) You must not circumvent the Platform and the Services provided by us in any other manner.

12. Right To Review
We may read all correspondence posted to the Platform and download or access, and test (if necessary), all uploaded files, programs and Platforms related to your use of the Platform for the purpose of investigating fraud and for risk management and related purposes. 

13. Disputes With Us
If a dispute arises between you and Booking KOL, and such dispute is not able to be settled by amicable agreement within thirty (30) days such dispute to be settled shall be referred to and finally resolved by arbitration in Singapore, Vietnam, Thailand, USA administered by the Singapore, Vietnam, Thailand, USA International Arbitration Centre (VIAC) in accordance with its Arbitration Rules for the time being in force. The seat of the arbitration shall be in Ho Chi Minh City. The Tribunal shall consist of three (03) arbitrators to be appointed in accordance with the Arbitraton Rules of the VIAC. The language of the arbitration shall be English.

14. Indemnity and Limitation Of Liability
You shall indemnify and hold Booking KOL and our affiliates, employees and suppliers harmless from all liabilities, claims, and expenses that arise from or relate to your use or misuse of, or access, whether directly or indirectly, to the Services or any content made available by you or any third party using your Account in violation of these Terms of Use.
THE USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL BOOKING KOL, NOR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS OF BOOKING KOL, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING WITHOUT LIMITATION (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 

15. Notices
Legal notices must be served on Booking KOL (in the case of Booking KOL) or to the email address you provide to Booking KOL during the Account registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the Account registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Booking KOL must be given by registered ordinary post (EMS or similar courier service).

16. Data protection and Privacy Policy, Additional Terms
It is important to read and understand all our policies as they provide the rules for operation on the Platform. Our policies, including all policies referenced in them, are part of these Terms of Use and provide additional terms and conditions related to specific aspects of the Platform Services, the Platform Technology or the Platform as a whole, including but not limited to, our Privacy Policy (a copy of which can be found here [link])
Each of these policies may be changed from time to time. Changes take effect when we post them on the Platform. When using particular services on our Platform, you are subject to any posted policies or rules applicable to services you use through the Platform, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement. 

17. Contact
If you have any questions about these Terms of Use or if you wish to report breaches of these Terms of Use, please email us at help@bookingkol.com