Rpple Media Platform Terms of Use

Introduction

  • The Rpple Media Platform is owned and operated by Rpple Media. Information about how to join and use the Rpple Media Platform forms part of these Rpple Media Platform Terms of Use (“Terms of Use”). By using the Rpple Media Platform, you agree to accept these Terms of Use.
  • In these Terms of Use, Ambassadors, Advertisers and Talent Agencies are collectively and individually referred to as “users” or “you” as the context requires.
  • Your access to and use of the Rpple Media Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Rpple Media Platform, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Rpple Media Platform.
  • Rpple Media may at any time revise these Terms of Use by updating this page. Revisions will take immediate effect and may affect your ability to use the Rpple Media Platform. You should check these Terms of Use for any revisions on a regular basis and whenever prompted to do so. Your use of the Rpple Media Platform following the posting of any revisions to these Terms of Use constitutes your acceptance of those revisions.
  • Rpple Media reserves the right to change the Rpple Media Platform in any way without notice to you. Your ability to access and use the Rpple Media Platform may be terminated at any time without notice to you.
  • Rpple Media makes no representation that the Rpple Media Platform (or any element of the Rpple Media Platform) is appropriate or available for use in all locations.
  • You agree that Rpple Media is not responsible for, and does not endorse, any Content posted using the Rpple Media Platform. No Content constitutes a representation by Rpple Media. Rpple Media does not have any obligation to pre-moderate, monitor, edit or remove any Content. If your Content violates these Terms of Use, you bear all responsibility and liability for that Content.
  • Ambassadors, Advertisers and Talent Agencies agree that they will not attempt to negotiate terms or payment with each other outside of the Rpple Media Platform. Without limiting any other rights or remedies available to Rpple Media, any attempt to circumvent the Rpple Media Platform may result in removal from the Rpple Media Platform at Rpple Media’s sole discretion.
  • You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Rpple Media Platform to a human perceivable form; distribute or republish any element of the Rpple Media Platform in any way; resell, rent, lease or lend any element of the Rpple Media Platform; defeat, disable or circumvent any security feature of the Rpple Media Platform; or transfer any element of the Rpple Media Platform to any third party.
  • You are solely responsible for your interactions with other users of the Rpple Media Platform. You agree that Rpple Media is not responsible for the conduct of any user.
  • You must not engage in crawling, scraping, caching or otherwise accessing any content on the Rpple Media Platform via automated means, except with Rpple Media’s written consent.
  • Nothing in these Terms of Use is intended to, nor does create, a partnership, agency, employment or fiduciary relationship between Rpple Media and any user.
  • Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Rpple Media Platform in the manner anticipated in these Terms of Use. Any costs associated with accessing and using the Rpple Media Platform remains 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 Rpple Media Platform and meets all relevant technical specifications necessary to obtain the benefit of the Rpple Media Platform.
  • The Rpple Media Platform may contain links to other sites not maintained by Rpple Media (“Linked Sites”). Rpple Media is not responsible for the content of any Linked Sites, whether or not Rpple Media is affiliated with the Linked Sites. Rpple Media 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, Rpple Media 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.
  • The Rpple Media Platform may utilise links to social media platforms (including but not limited to Facebook, YouTube, Instagram and Snapchat). 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 Rpple Media Platform, 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 Rpple Media accessing information you may have shared with the particular 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 Rpple Media Platform. The Rpple Media Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
  • In order to use the Rpple Media Platform, Ambassadors, Advertisers and Talent Agencies must register an account via the Rpple Media Platform in the manner required and as set out in these Terms of Use.
  • Rpple Media reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion and without liability of any kind to any user. Any decision of Rpple Media is final and no correspondence will be entered into.
  • All information provided when registering an Account 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 Rpple Media Platform. You may never use the Account of another user without their permission.
  • You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Rpple Media 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 Rpple Media when you desire to cancel your Account. Rpple Media will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
  • Rpple Media retains the right and absolute discretion to terminate your Account and/or access to the Rpple Media Platform (or any element thereof) if it believes that you are abusing or tampering with the Rpple Media Platform (or any element thereof) in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful or other misconduct calculated to jeopardise the proper administration of the Rpple Media Platform (or any element thereof). Rpple Media reserves its legal rights to recover damages or other compensation from such users.
  • The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. Rpple Media reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
  • Users understand that in creating an Account they are providing their information to Rpple Media and not to any social media platform. Users of the Rpple Media Platform (whether Ambassadors, Advertisers or Talent Agencies) are solely responsible and liable for any Content or information they transmit to other users. Any questions, comments or complaints about the Rpple Media Platform must be directed to Rpple Media and not to any media or social media platforms.
  • Clauses 24 to 36 apply only to Ambassadors participating in the Rpple Media Platform.
  • You are eligible to register an Ambassador Account if you are 16 years or over in age.
  • To register an Ambassador Account, you must access the “Sign up” page located on the Rpple Media website (or in the event that you are represented by a Talent Agency, follow the link provided by your Talent Agency) and create a profile. In order to create a profile, you will be required to enter personal information, including but not limited to you age, gender, location, industry, PayPal account (or other payment gateway) details, your nominated Post Fee, profile picture, and links to your Channels.
  • Once an Ambassador Account has been created, Advertisers may send Post Requests to the Ambassador. Ambassadors may accept or decline a Post Request at their discretion. If a Post Request is accepted by an Ambassador, the Advertiser will send a Campaign Brief to the Ambassador. If the Campaign Brief includes the use of a product, and the Ambassador agrees to receive such product, the Ambassador’s postal address will be disclosed to the Advertiser for the purpose of dispatching the product to the Ambassador.
  • After a Post is published, the Ambassador, or the relevant Talent Agency representing the Ambassador, will be entitled to be paid the Post Fee, subject to compliance with these Terms of Use. Rpple Media will pay the Post Fee into the nominated PayPal account (or other payment gateway account as available) on behalf of the Advertiser. No payment other than the Post Fee is payable in respect of each Post. You are responsible for the accuracy of your nominated PayPal (or other payment gateway) account details.
  • You acknowledge and agree that the relevant Advertiser, not Rpple Media, will be solely liable for payment of the applicable Post Fee for the Post. Rpple Media merely facilitates such payment on behalf of the Advertiser and while Rpple Media may remit payment to the Ambassador or Talent Agency, under no circumstances does Rpple Media accept liability for payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, against Rpple Media for any non-payment, and that this provision constitutes a bar to any such proceedings.
  • You acknowledge and agree you are solely responsible for the publication of Posts which are in accordance with:
  • Posts which do not comply with clause 29 must be modified as directed or removed from the Ambassador’s Channel(s) immediately upon an Ambassador receiving a request from Rpple Media to do so. Failure to comply with this clause 30 may result in removal from the Rpple Media Platform at Rpple Media’s sole discretion. You acknowledge and agree that the Advertiser and Rpple Media have the right at any time to review, moderate and/or remove any Post after publication to a Channel.
  • You warrant, in respect of each Post you publish to a Channel via the Rpple Media Platform, that:
  • In consideration of payment of the Post Fee, the Ambassador agrees to grant in respect of each and every Post:
  • As an Ambassador, in respect of each Post, you consent to the relevant Advertiser or Rpple Media 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 Post notwithstanding that such conduct may infringe your moral rights or performer’s rights (or similar laws in any territory or jurisdiction) in the Post, and, to the extent possible, your grant a waiver of all moral rights and performer’s rights in each Post.
  • As an Ambassador, you agree that you will not:
  • As an Ambassador, you will at all times perform your obligations and provide Posts to Rpple Media and the Advertiser as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither Rpple Media nor the Advertiser 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 Rpple Media or the Advertiser or Talent Agency, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
  • You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the 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 Advertiser, Rpple Media or any their respective successors or licensees. You hereby release the Advertiser, Rpple Media 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.
  • Clauses 38 to 41 apply only to Talent Agencies participating in the Rpple Media Platform.
  • To register a Talent Agency Account you must access the “Sign up” page located on the Rpple Media website and create a profile. In order to create a profile, you will be required to enter details regarding your agency.
  • You acknowledge and agree that all Ambassadors linked to your Talent Agency Account are bound by these Terms of Use and must ensure that all Ambassadors comply with these Terms of Use. You acknowledge that Rpple Media may liaise with you from time to time in relation to any Ambassador linked to your Talent Agency Account. You agree that you will at all times follow all reasonable directions of Rpple Media, including but not limited to ensuring that any Posts are modified or removed as required by Rpple Media. Failure to comply with this clause 39 may result in removal from the Rpple Media Platform at Rpple Media’s sole discretion.
  • After a Post is published by an Ambassador linked to your Talent Agency Account, you will be entitled to be paid the Post Fee, subject to compliance with these Terms of Use. Rpple Media will on behalf of the Advertiser pay the Post Fee into the nominated PayPal account (or other payment gateway account as available). No payment other than the Post Fee is payable in respect of each Post. You are responsible for the accuracy of your nominated PayPal (or other payment gateway) account details.
  • You acknowledge and agree that the relevant Advertiser, not Rpple Media, will be solely liable for payment of the applicable Post Fee for the Post. Rpple Media merely facilitates such payment on behalf of the Advertiser and while Rpple Media may remit payment to the Talent Agency, under no circumstances does Rpple Media accept liability for payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, against Rpple Media for any non-payment, and that this provision constitutes a bar to any such proceedings.
  • Clauses 43 to 48 apply only to Advertisers participating in the Rpple Media Platform.
  • To register an Advertiser Account you must access the “Sign up” page located on the Rpple Media website and create a profile. In order to create a profile, you will be required to enter details regarding your brand.
  • Prior to a Post being published by an Ambassador, the Advertiser must pay the relevant Post Fee plus the Rpple Media Fee in accordance with these Terms of Use. You must pay all fees and charges to the Rpple Media PayPal account or through any other available payment gateway as advised by Rpple Media from time to time.
  • Upon an Ambassador publishing a Post, you authorise us to release the Post Fee to the Ambassador. You acknowledge and agree that Rpple Media is entitled to retain the Rpple Media Fee.
  • You acknowledge and agree that you may not offer a product, service or other non-monetary arrangement to an Ambassador as partial or full payment by an Advertiser for a Post.
  • You acknowledge and agree that monitoring of Posts is the sole responsibility of the Advertiser. Rpple Media is not responsible for the monitoring of Posts and is not liable for the content of any Post. If you believe that a Post does not comply with a Campaign Brief or any additional requirements as notified to the relevant Ambassador, you agree that you will report the issue to Rpple Media immediately and not enter into direct correspondence with an Ambassador in respect of the Post.
  • You acknowledge that Ambassadors are independent third parties and are not directly controlled by Rpple Media. You specifically acknowledge and agree that Rpple Media has no control over any Post that may be published and that the Advertiser is solely responsible (and assumes all liability and risk) for the content of a Post.
  • All Rpple Media Materials on the Rpple Media Platform are protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Rpple Media Materials to an Advertiser, Ambassador or Talent Agency.
  • Ambassadors, Advertisers and Talent Agencies participating in the Rpple Media Platform warrant, represent and covenant that:
  • Words or expressions used in these Terms of Use that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in that Act. If GST applies to any supply made under these Terms of Use, then the party making that supply may, in addition to any other amount payable, recover from the other party an additional amount on account of GST, such amount to be calculated on the basis of the current GST rate. Unless otherwise specified, any amount payable under these Terms of Use is exclusive of GST.
  • You agree to indemnify, and must defend and hold harmless, Rpple Media and its related bodies corporate, personnel, servants and agents, 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 Rpple Media Platform):
  • Under no circumstances will Rpple Media 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 Rpple Media Platform.
  • Any liability of Rpple Media to an Advertiser in connection with these Terms of Use or the Advertiser’s use of the Rpple Media Platform, regardless of the form or cause of action, shall be limited to the amount actually paid by the Advertiser to Rpple Media for the services related to the Advertiser’s Campaign. Rpple Media shall not be liable to Ambassadors for damages of any kind arising out of the Ambassador’s use of the Rpple Media Platform. Without limiting their foregoing, in no event shall Rpple Media or any of its associated entities, successors in title, licensees or assigns be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, arising out of, or in connection with, the Rpple Media Platform, these Terms of Use, or any Post, Content or Campaign. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, even if Rpple Media or any other party has been advised of the possibility of such damages.
  • This entire clause does not apply to any Consumer Guarantee under the Australian Consumer Law and does not apply to any liability of Rpple Media for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Whilst Rpple Media endeavours to take all reasonable steps to ensure that the Rpple Media Platform operates as expected, the Rpple Media Platform 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. Rpple Media disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Rpple Media does not make any guarantees and does not provide any undertaking that the Rpple Media Platform 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 Rpple Media Platform at your own risk and that Rpple Media disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Rpple Media Platform, 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 Rpple Media Platform. You assume total responsibility for your use of the Rpple Media Platform, including compliance with all applicable rules and regulations. Subject to the Consumer Guarantees, your sole remedy against Rpple Media for dissatisfaction with the Rpple Media Platform or any Content is to stop using the Rpple Media Platform or such Content. This limitation of relief is a part of the bargain between the parties.
  • If the supply of any goods or services by Rpple Media to an Advertiser or Ambassador constitutes a supply of goods and/or services to a Consumer then subject to the limitation to this clause and unless the goods and/or services are Consumer Goods or Consumer Services, Rpple Media’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 Advertiser or Ambassador may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited as Rpple Media may elect in its sole discretion, in the case of services supplied or offered by Rpple Media, 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 Rpple Media, (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 Rpple Media to rely on it.
  • In these Terms of Use:
  • Rpple Media collects, uses, holds and discloses personal information in accordance with its Collection Statement and Privacy Policy (available at [insert hyperlink]) and otherwise as set out in these Terms of Use. These Terms of Use prevail to the extent of any inconsistency.
  • In addition to the purposes of collection set out in its Collection Statement and Privacy Policy, Rpple Media collects personal information from you for the following purposes: to enable it to administer and provide the Rpple Media Platform; to connect Advertisers with Ambassadors; to publish Posts; to facilitate Payments; to verify your identity; and to assist Rpple Media in improving the Rpple Media Platform.
  • If the Rpple Media Platform is not capable of running as planned for any reason beyond the reasonable control of Rpple Media, 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 Rpple Media Platform, or if any social media platform alters its terms of service, access or permission in such a way that affects the Rpple Media Platform, Rpple Media reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Rpple Media Platform.
  • These Terms of Use are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from those courts.
  • If you are using the Rpple Media Platform 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 Rpple Media and govern your use of the Rpple Media Platform, superseding any prior agreements between you and Rpple Media. You must 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 Rpple Media. Rpple Media may assign its rights or obligations hereunder at its sole discretion.
  • If any clause or part of any clause of these Terms of Use 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.
  • You may contact Rpple Media via:
  • In these Terms of Use:
  • The following terms have the following meanings in these Terms of Use:

USING THE RPPLE MEDIA PLATFORM

REGISTERING AN ACCOUNT

ADDITIONAL TERMS FOR AMBASSADORS

  • the relevant Campaign Brief;
  • any additional requirements as advised by the Advertiser; and
  • the requirements of these Terms of Use.
  • you are aged over 16 years;
  • you own the Intellectual Property Rights in the relevant Post and have the right to licence the Post to Rpple Media and the Advertiser in the manner set out in these Terms of Use;
  • the relevant Post does not violate the privacy rights, contractual rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
  • the relevant Post 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;
  • the relevant Post is original and does not contain materials that have been previously broadcast, streamed, published 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; and
  • the mere use of the Post and the exercise of the Intellectual Property Rights in the relevant Post by the Advertiser and Rpple Media 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.
  • to Rpple Media (and its agents):
  • to the relevant Advertiser:
  • a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Post for the purpose of marketing and promoting Rpple Media (and its products and services) in any manner, without further notification to or consent of the Ambassador or any further compensation payable to the Ambassador;
  • the right to use the Ambassador’s identity and performances in the Post and to communicate the Post to the public 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 Rpple Media and internal communications of Rpple Media); in all social media (including but not limited to the social media channels of Rpple Media); 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); and
  • the right to edit and re-format the Post into such formats or versions for use by Rpple Media in such media as Rpple Media requires in accordance with this clause; and
  • the right to share, comment upon and re-post the relevant Post on any Channel;
  • the right to use the Ambassador’s identity and performances in the Post and to communicate the Post to the public in all social media (including but not limited to the social media channels of the Advertiser) 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); and
  • the right to edit and re-format the Post into such formats or versions for use by the Advertiser in such media as the Advertiser requires in accordance with this clause.
  • edit any Post after it has been published other than in accordance with these Terms of Use;
  • parody, disparage or bring into disrepute an Advertiser or its products or services generally in any way; or
  • create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post or the Advertiser or its products or services.

ADDITIONAL TERMS FOR TALENT AGENCIES

ADDITIONAL TERMS FOR ADVERTISERS

RPPLE MEDIA’S INTELLECTUAL PROPERTY

AMBASSADOR, ADVERTISER AND TALENT AGENCY REPRESENTATIONS AND WARRANTIES

  • all information you provide to Rpple Media upon registering for an Account is true, accurate and complete and not misleading;
  • any third-party social media accounts to which you link are your own accounts;
  • if the Account refers to a Advertiser, that you are the authorised representative of the Advertiser with the right to access its social media accounts and represent its interests;
  • 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;
  • you have the right and authority to create an Account and agree to these Terms of Use, including, where relevant, the authority of any Advertiser or individual to create an Account, agree to these Terms of Use and to use the Rpple Media Platform on its or his or her behalf; and
  • any Content that is created via the Rpple Media Platform will not contain anything that;
  • is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
  • is copied or adapted either wholly or substantially from any other work or material;
  • 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;
  • parodies, disparages or makes fun of the relevant Advertiser or Rpple Media or its products of services or the Advertiser or Rpple Media generally in any way;
  • 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);
  • 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;
  • involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
  • infringes the privacy rights, contractual rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.

GST

INDEMNIFICATION

  • your Content or access to the Rpple Media Platform;
  • your breach of these Terms of Use, or any of the warranties or covenants given or made by you;
  • your claim against an Advertiser for any reason;
  • your claim against an Ambassador or Talent Agency for any reason;
  • any claim by any third party (including any other brand or Ambassador) arising directly or indirectly from you breach of any of the provisions of these Terms of Use;
  • any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights;
  • your violation of any applicable laws, rules or regulations; and
  • any misrepresentation made by you.

LIMITATION OF LIABILITY

DISCLAIMER

  • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
  • Consumer has the same meaning as given in section 3 of the Australian Consumer Law;
  • Consumer Goods means 'goods of a kind ordinarily acquired for personal, household or domestic use or consumption', as that expression is used in section 3 of the Australian Consumer Law;
  • Consumer Guarantee means a Consumer Guarantee applicable to this Services Agreement under the Australian Consumer Law, including any Express Warranty;
  • Consumer Services means 'services of a kind ordinarily acquired for personal, household or domestic use or consumption', as that expression is used in section 3 of the Australian Consumer Law;
  • Express Warranty has the same meaning as given in section 2(1) of the Australian Consumer Law; and     
  • Fair or Reasonable means 'fair or reasonable' for the purposes of section 64A of the Australian Consumer Law.

PRIVACY

GENERAL TERMS

CONTACT AND HELP DETAILS

  • Address: 214-220 Park St. South Melbourne, Victoria 3205, Australia
  • Email: info@rpple.co

INTERPRETATION

  • clause headings are inserted for convenience and are not to be used in the interpretation or construction of these Terms of Use;
  • words importing any gender include all other genders;
  • the singular includes the plural and vice versa;
  • a word that is derived from a defined word has a corresponding meaning;
  • including and includes are not words of limitation;
  • a reference to a natural person includes their personal representatives, successors and permitted assigns; and
  • monetary amounts are expressed in Australian dollars.

“Account” means an Ambassador Account, Advertiser Account or Talent Agency Account;

“Advertiser” means any person or entity, or its duly authorised agents or representatives, that use the Rpple Media Platform for the purpose of locating Ambassadors to publish Posts for their own advertising purposes;

“Advertiser Account” means a Rpple Media Platform account held by an Advertiser;

“Ambassador” means a social media Ambassador who uses the Rpple Media Platform to create and publish Posts and receive compensation for such Posts;

“Ambassador Account” means a Rpple Media Platform account held by an Ambassador;

“Campaign” means an Advertiser’s advertising campaign which includes Posts created and published via the Rpple Media Platform;

“Campaign Brief” means a detailed brief created by the Advertiser and provided to an Ambassador containing all instructions, requirements and other details relating to a Post to be created and published by the Ambassador.

“Channels” means the social media channels of an Ambassador, such as Facebook, YouTube, Instagram or Snapchat;

“Content” means a Post or any other content created and/or published via the Rpple Media Platform;

“Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise;

“Post” means a social media post created by an Ambassador in accordance with a Campaign Brief to be shared via the Ambassador’s Channels;

“Post Fee” means the fee per Post payable by the Advertiser to the Ambassador as nominated by the Ambassador;

“Post Request” means an initial request sent via the Rpple Media Platform by an Advertiser to an Ambassador, containing general details regarding the proposed Post;

“Rpple Media” means Rpple Media Pty Ltd ABN: 31 606 642 568;

“Rpple Media Fee” means the fee per Post payable by the Advertiser to Rpple Media, being an amount equal to 20% of the relevant Post Fee;

“Rpple Media Materials” means the Rpple Media Platform and any associated materials owned, developed or licensed by Rpple Media and made available via the Rpple Media Platform;

“Rpple Media Platform” means the Rpple Media website and all associated processes, features and applications;

“Talent Agency” means a talent agency that uses the Rpple Media Platform for the purpose of representing Ambassadors; and

“Talent Agency Account” means a Rpple Media Platform account held by a Talent Agency.