TERMS & CONDITIONS  BUZZOOKA

Thank you for visiting our website www.buzzooka.be, hereafter referred to as the "Website", owned and controlled by bvba Buzzooka with registered office at Henegauwlaan 8, 3500 Hasselt, Belgium,  and wit registered VAT number BE 0886 188 634, hereafter referred to as "Buzzooka".

 

You can reach us through hello@buzzooka.be or on through the above mentioned address.

 

Read these terms & conditions carefully. These terms & conditions provide the conditions on access to and applicability of the Website, creating an account and making use of our services.

 

While creating an account and making use of our influencers marketing platform you will be asked to confirm that you have taken notice of these terms & conditions and that you accept the content of these to be binding. Your visit to the Website, your signing up on an account, the online placement of projects or subscription to projects or any other use of the Website, implies that you have at least taken notice and accepted these terms & conditions.

 

 

 

 

1.     Purpose of the Website

 

Buzzooka is an internetplatform on which entrepreneurs or agencies (brands) by means of a profile/account can attract influencers for professional projects, marketing campaigns or products.

 

The projects/campaigns of the Brands ("the campaign") are presented on the platform to potential influencers ( the "Influencers").

 

Buzzooka provides an online marketing platform on which entrepreneurs and influencers  can come into contact; it does not offer any projects, campaigns or products on its own behalf.

Brands can create an account or profile which will include preferences and information about the marketing campaign on offer. Influencers that have created an account can commit to the Campaign and by doing so engage in a direct agreement with the Brand.

 

The Brand offering a Campaign, declares to have provided all the necessary information about this campaign and acknowledges to have engaged in a direct agreement with an Influencer from the moment the application of the latter has been confirmed. The Influencer declares and acknowledges to have concluded the agreement fully informed, after having received all the relevant information by the Brand.

 

As an additional service and separate of the above mentioned, Brands can outsource the management and development of a campaign to Buzzoooka. In that case Buzzooka will vouch for the management and development of the Campaign and does not claim ownership, nor responsibility for the Campaign as a whole.

 

If a Brand provides the Influencer with a product for promotional purposes, they will send this product to Henegauwlaan 8, 3500 Hasselt with the indication of the name of the Brand and the name of the Campaign, from whereon Buzzooka will deliver the product to the concerning Influencer. Brands will deliver this product at the above mentioned address at least 7 working days before the starting date of the Campaign.

 

2.     Applicability and binding force

 

These Terms & Conditions are applicable to any use of this Website. Your visit to this Website implies that you have taken notice of these Terms & Conditions and that you accept them as being binding.

 

3.     Use of the Website

 

Influencers can use the Website for free.

 

Brands can make use of the Website through subscription for a period of one year. This subscription for the use of the website for a period of one year can be cancelled through timely given notice at least 7 days before the end of the first month. The subscription for the use of the website for a period of one year will be tacitly extended on the due date for a period of one year, unless notice has been timely given at least three months before the expiring date. From the second year on the agreement could be terminated with a three months' notice.

 

Buzzooka retains the legal means to unilaterally, immediately and definitely deny access without prior notice to Users (Brands and Influencers) that don't respect the current Terms & Conditions and Privacy & Cookie policy. She also retains the means to suspend access to the Website when payment terms are not respected.

 

To be able to use this Website, you must be above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian to give their consent. If it comes to our attention that the Website is being used by a minor, we reserve the right to deny your access without prior notice.

 

4.     Creating an account

 

In order to be able to publish Campaigns on our Website, you first need to create an account by filling in your personal data in the registration form available on the Website. The registration form has to be truthfully completed.

 

It is not permitted to make use of someone else's identity, nor to make use of proxy's and temporary email accounts.

 

When registrating you will have to tick a box declaring that you agree with the current Terms & Conditions and the Privacy Policy of the Website. This is required in order to create a valid account.

 

Influencers shall declare they meet the fiscal and social obligations by which they are bound. Buzzooka provides a fiche 281.50 for Influencers who do not possess a VAT number.

Buzzooka retains the legal means to deny your registration if need be.

 

 

 

Your registration can be denied inter alia, but not exclusively, for the following reasons:

-       You don't provide the data demanded for identification purposes or provide incomplete or incorrect data

-       You try several times to register using different names

-       You use someone else's identity

-       You don't or didn't comply with one of the obligations posed in the Terms & Conditions or Buzzooka can reasonably assume that you will not comply with such obligations in the future

-       Every other reason on ground of which we can reasonably judge your registration to be unacceptable

 

Buzzooka collects and processes your data in accordance with our privacy policy.

The user acknowledges at registration to have read and received the pre-contractual information, timely delivered by Buzzooka.

 

5.     Obligations of the user

 

By creating an account you declare to use buzzooka.be in good faith, in accordance with these Terms & Conditions and in accordance with the applicable legislative and statutory provisions (including, but not restricted to, the legislation concerning the protection of private life, intellectual property and honest competition).

 

You explicitly confirm that the data you fill in with your registration is correct and complete and that you will give Buzzooka notice of each modification to the data.

You safeguard Buzzooka from all possible third party entitlements as a consequence of the use of buzzooka.be.

 

It is forbidden for our Users to:

-       Send, place or spread in any way via buzzooka.be content that is unlawful, unauthorised, forbidden, racist, xenophobe, defamatory, obscene, offensive, insulting, inappropriate or discriminating

-       Encourage other Users to act in this manner or to facilitate such acts

-       Copy or claim a someone else's identity, infringe privacy legislation in general

-       Neglect intellectual property rights of other persons and of other Projects  

 

6.     Buzzooka as a platform

 

Buzzooka is not the provider of Campaigns, nor is she connected to or responsible for Brands or Influencers. She is just a technical facilitator and intermediary between Brand and Influencer. The Campaigns on our webpages are not checked by Buzzooka on content, reliability or credibility and Buzzooka is never involved in transactions between Brands and Influencers. Therefore Buzzooka has no control whatsoever on the content of the Campaigns.

 

Since Buzzooka works as a platform, she has no control on safety, quality and legality of products or services on offer, nor on the competence of Brands or Influencers to take action in accordance with this Website. Buzzooka only hosts the design of the platform and the online posted Campaigns by the Brands. As an Influencer you accept that only you are responsible for the decision to commit yourself to a certain Campaign and you accept that Buzzooka is excluded from all liability.

 

The Campaigns are not managed by Buzzooka. Therefore Buzzooka cannot be held accountable for the content of the offer by a Brand, nor for the products or services, the remuneration, the potential acquisition or delivery terms or of the quality of the service by the Brand or any other aspect of the transaction between the Influencer and the Brand. Buzzooka can neither be held accountable for potential infringements on the webpages reserved for the Brands on the Website.

 

Buzzooka will put in as much effort as reasonably possible to ensure at most ease of use and she adopts a policy aimed at continuity of the Website. If Buzzooka takes notice of any unauthorised activity or unauthorised information occurring or being spread through buzzooka.be, Buzzooka will make sure these data are inaccessible and, if it concerns a criminal offence, will hand over these data to the authorities. Buzzooka retains the legal means to (though without being obliged to do so or accepting any responsibility) block, adapt or delete the information put on the Website by a User if this information can be offensive, inappropriate or cumbersome for other Users or third parties.

 

Buzzooka retains the legal means to immediately and without prior notice delete a Campaign on buzzooka.be by any justified reasons, in particular concerning infringement of these Terms & Conditions or of any legislative and statutory provisions.

 

7.     Our liability

 

Buzzooka attributes the utmost care and attention to the content of the Website. This content is subject to changes, can be deleted at all times and is offered to you without explicit or implicit guaranties concerning the accuracy.

 

Buzzooka shall not be liable for any damages consequential to the use of the content on the Website, regardless whether this content was correct or not, nor for the damages consequential to the use or spreading of this information.

 

Buzzooka states that she is not the author, nor the responsible for the Campaigns Brands have published on the Website and she shall not be liable for the content of it.

Buzzooka offers no guarantees about the content of the proposal by the Brands. Buzzooka shall not be liable for the content of the proposal by the Brands in the context of their Campaigns if it would turn out to be incorrect or would infringe with the rights of third parties, with penal law or with the public order.

 

If such content is discovered, you are obliged to give Buzzooka notice so that Buzzooka can take the appropriate measures.

 

The Brand itself is exclusively liable for content offered in the Campaign through the Website.

Buzzooka shall not be liable for any service provided by the Influencers.

Buzzooka is no intermediary, nor a party in the relationship between Brands and Influencers and thus shall not be liable for any disputes between Brands and Influencers.

Buzooka doesn't monitor the information send, spread or placed on buzzooka.be by a User, nor does she monitor the agreement between Brand and Influencer, which is automatically established by mutual acceptance of the Campaign on offer by the Brand and the propsed services by the Influencer.

 

Buzzooka shall explicitly not be liable in the following, non exclusive, circumstances:

-       The Brand doesn't meet his obligations towards the Influencer and vice versa

-       The products which are provided by the Brand for promotional purposes or as part of payment are not in accordance with statutory requirements

-       The Influencer while performing his services violates the legislation in force, for example but not exclusively violates third party copyrights, marketinglegislation, competiton law or consumer protection

 

Buzzooka shall not be liable for any damages consequential through late or non-delivery by the transporter appointed by the Brand. Buzzooka shall also not be liable for any consequential damages to the Campaign when the products that would be provided to the Influencer for promotional purposes were not in Buzzooka's possesion at least 7 working days before the start of the Campaign.

Buzzooka denies all liability for damages or loss of goods of any products that are send to her adress or are send from her adress.

 

Buzzooka shall not be liable for direct, indirect, particiular, incidental, immaterial or consequential damages (including loss of profit) resulting from the use of buzzooka.be including, but not limited to, damages caused by:

-       Defects, viruses or other deficiencies to the hardware and/or software in connection to the acces and use of buzzooka.be

-       The interception, altering or improper use of the information which is send to buzzooka.be or the User

-       The functioning or non-availability of buzzooka.be

-       The misuse of buzzooka.be, the loss of data or the use of software which is available through buzzooka.be

-       Claims by third parties connected to the use of buzzooka.be

-       Hyperlinks to other websites placed on buzzooka.be when these hyperlinks are no longer active or, except for deceipt and gross negligence, when these hyperlinks contain information that is offensive and unauthorised

-       The Brand doesn't meet his obligations towards the Influencer and vice versa

-       Incorrect, incomplete or misleading representation or claims by the Brand or the Influencer

 

Buzzooka wil do anything within its power to provide acces to the Website at all times. With regards to the technical attributes of the internet and information technology and with regards to the necessary periodic maintainance, upgrade or update operations, Buzzooka cannot garanty uninterupted access and service. In case of normally acceptable disruption or interruption of access or service, Buzzooka will do its utmost to fix the problem as soon as possible. These types of normally acceptable interruptions or disruptions are specific to an internetservice and shall not be seen as shortcomings.

 

The websites, including the webpages of Brands or Influencers to which Buzzooka can link on the Website, are not managed, hosted or maintained by her. Buzzooka shall not be liable for the content of such websites, nor for the hyperlinks on these pages or for the changes and updates made on these websites.

 

Buzzooka attributes the utmost care and attention to the proper functioning of the websites of the Brands and Influencers present on buzzooka.be. Buzzooka cannot garanty these websites to always function. In case of a normally acceptable distortion of the functioning of these websites Buzzooka will do its utmost to fix the problems as soon as possible. This will in no way whatsoever give rise to any compensation or other sanction.

 

 

8.     Intellectual property

 

Buzzooka is the exclusive person in title and successor in title of all the intellectual property rights connected to this Website and the offered service. You commit yourself to refrain in any way and any form from copying, editing, exploiting, selling or in any other way use the assembly of components that make up the Website. These components are, among others, the brand, the texts, the software, the databases, the forms, the trade names, the product names, the logo's, the graphical elements and illustrations, the graphs, the music, the colour combinations, the catchphrases, the lay-outs and every other component from the Website and service eligible for protection.

 

By accepting these Terms & Conditions Brands and Influencer provide Buzzooka with a right of use on all brands, images, pictures, names, trade names and other intellectual property rights and personal rights of both Brand and Influencer and this for the use in accordance with the management and promotion of the Website and for the entire period of which the Brand and/or Influencer maintains an account on this Website.

 

9.     Agreement concerning Campaigns and payment

 

From the moment the influencer has clicked the confirmation button he is committed to fulfil the agreement. This however on the condition that the candidacy is accepted by the Brand. The Brand on his account is committed to fulfil the agreement from the moment he accepts the candidacy of the Influencer for a certain Campaign.

 

The Influencer can charge the Brand for payment of the Campaign fees by means of:

-       Additional funding or donation of sample goods;

-       Pecuniary payment;

-       A combination of both

 

The invoicing for transporting costs and the potential payment of Influencers is done by Buzzooka, and this based on the payment on which Influencer and Brand had agreed upon. The invoice shall be send from Buzzooka from the moment she has verified that the Campaign has been finalised.

Invoicing and payment of subscriptions for the use of the Buzzooka platform shall be done by Buzzooka.

 

10.  General provisions and dispute resolution

 

On all disputes regarding your use of our website and our services, Belgian law is exclusively applicable, regardless of where you live. The competent courts of Antwerp, with exclusion of all other courts, are competent to take notice of potential disputes.

 

Buzzooka retains the legal means to change the current Terms & Conditions.

The User will be given notice of the changed Terms & Conditions at least 7 working days before the changes come into effect.

 

If the User does not wish to accept the changes, he is free to cease of all further use of buzzooka.be before the date of entry into force, without any costs attached. The further use of the Website after the date of entry will be seen as an acceptance by the User of the changed Terms & Conditions.

 

If and to the extent that any article of these Terms & Conditions is annulled, the other articles shall remain unaffected. Buzzooka will in that case adopt a new article which will replace the annulled article and in which the spirit of the annulled article will be respected as far as possible.