TRADING AS "AGORA"
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM
What's in these terms?
These terms tell you the rules for using our Platform.
Who we are and how to contact us
The Platform is operated by Guybrush Limited ("We"). We are registered in England and Wales under company number 11780909 and have our registered office at 2, Eastbourne Terrace, Paddington, London, W2 6LG United Kingdom.
AGORA is a beauty focused social commerce platform and marketplace that aims to provide community members (hereinafter “Users”) a platform to create and share shoppable beauty videos and to shop and discover new products to buy or redeem.
To contact us, please email or telephone us at [email protected].
By using the Platform you accept these terms
There are other terms that may apply to you
Our Marketplace Terms and Conditions sets out information about purchases made on our platform.
We may make changes to these terms
We may make changes to the Platform
We may update and change the Platform from time to time to reflect changes to our Users’ needs and our business priorities. In particular, we reserve the right to modify at any time without prior notice, the structure, configuration and design of the Platform.
We may suspend or withdraw the Platform
The Platform is made available free of charge.
We do not guarantee that the Platform, or any Content on it, as defined in the section entitled "Who is responsible for Content on the Platform"), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Who may use the Platform
No one under the age of 15 may create and account on the Platform. If we believe that an account holder may be under 15 years old, we reserve the right to require you to provide evidence of your age and to terminate your account in the event that you are under 15.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code, username or password, you must promptly notify us on [email protected].
How to terminate your account
In order to terminate your account, you can do so at any time by sending an email to [email protected]. The email should include your mobile number, email address used to submit your Content, as defined in the section entitled "Who is responsible for Content on the Platform", and full name.
We may terminate your account
Who is responsible for Content (as defined below) on the Platform
The Platform allows you to post and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Platform, including its legality, reliability, and appropriateness.
Whenever you upload Content to the Platform, or make contact with other Users of the Platform, you must comply with the Content standards set out in the section entitled "User-generated Content respects the rights of others".
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
By posting Content to or through the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you post to or through the Platform.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
User-generated content is not approved by us
The Platform includes Content uploaded by other Users of the Platform. This Content has not been verified or approved by us. The views expressed by other Users on the Platform do not represent our views or values.
If you wish to complain about Content uploaded by other Users please contact us by email at [email protected].
User-generated Content respects the rights of others
You may not use the Platform, or enable anyone else to use it, in a manner that:
- violates or infringes someone else’s rights of privacy, copyright, trademark or other intellectual-property rights;
- violates any law, statute, ordinance or regulation (including the laws and regulations governing export control);
- bullies, harasses or intimidates any other person;
- defames any person or entity;
- is obscene or pornographic or liable to incite racial hatred or acts of terrorism and Content must not contain child pornography;
- spams or solicits our Users;
- violates any laws regarding unfair competition, anti-discrimination or false advertising;
- to the best of your knowledge, Content does not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
- otherwise damages, disables, affects or impairs the Platform, its Content or its services.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it, including without limitation the Content of other Users. Those works are protected by trademark and copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others to Content posted on our site.
You must not modify the paper or digital copies of any materials or Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors or Users) as the authors of Content on the Platform must always be acknowledged.
You must not use any part of the Content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on the Platform
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Platform is accurate, complete or up to date.
We do not represent that Content available on or through the Platform is appropriate for use or available in locations outside of the United Kingdom.
We are not responsible for websites we link to
Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Coins and Product Redemption
AGORA rewards you, the user, for submitting Content, inviting your friends and other behaviors. Rewards will be given in the form of virtual coins or incentives to be used on the AGORA mobile application. The coins will be redeemable against free products or other goods or services (collectively referred to as an item) that are as stated on the Platform using the Product Redemption feature on the mobile application. By redeeming your virtual coins for products or services on the platform, you are accepting these Terms.
Use of Coins. You can only redeem one item, regardless of color or other variant, offered per day or sales period, as specified. The coins are not transferable. These coins have no cash value and no cash or other alternatives will be offered for this item. You cannot transfer, substitute or redeem rewards for cash. AGORA has the right to revoke, amend or cancel coins or the rules governing them at any time, at its sole discretion.
Items will be provided on a first-come, first-serve basis and are subject to availability, so once an item has been depleted such item may no longer be available. You may only redeem an item using your coins THREE times per month. You may only redeem a Mega Treat ONCE per month.
Eligibility. You may only redeem your coins for an item if you have a shipping address in the United Kingdom.
By redeeming coins for an item, you represent that you are 15 years of age or older.
Expiration of Coins. The coins expire one year from the date you receive them.
Disingenuous Use of Coins. The intention of our coins is to reward real users for legitimate activities such as referring their friends to join AGORA. We reserve the right to revoke coins or suspend your account should we suspect you of disingenuous behaviour at our sole discretion. Disingenuous behaviour could include but is not limited to:
- Referring yourself to earn coins
- Referring email addresses that do not belong or are used by a genuine person
- Creating fake AGORA accounts to earn coins
- Uploading videos that do not respect our content guidelines
- Unauthorised use of an AGORA account other than your own and use of their coins
Data sharing. Please note that product redemption is optional. By redeeming coins for an item, you acknowledge and agree that we might share your personal data and content with the brand / product supplier who is providing those items to us as well as any fulfillment agent.
Items may vary slightly from their pictures or the description. The images and description of the items on our platform are for illustrative purposes only. Although we have made every effort to convey the colours and description accurately, we cannot guarantee accuracy. Your items may vary slightly.
Your rights to make changes. You cannot cancel your redemption or return your redeemed items. Coins will not subsequently be reissued. If you wish to contact us for any other reason regarding your redeemed items, please contact us at [email protected] with the subject "Product Redemption."
Our rights to make changes. We may change the items and the item description on our platform to reflect changes in relevant laws and regulatory requirements. We reserve the right to amend the coin rules at any time with our sole discretion. We may decide to ban you from or not honor your product redemptions at our sole discretion for reasons including but not limited to suspected fraudulent or disingenuous behaviour.
All redeemable item details are at our sole discretion. We reserve the right to substitute a redeemable item of comparable or greater value, at our sole discretion.
We are not responsible for delays outside our control. If the supply of the items is delayed by an event outside our control we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to receive a virtual coin refund for any items you redeemed but did not receive.
We are not responsible for the item. Following the successful delivery of a redeemed item, we have no responsibility for the standard, quality or otherwise of any goods. If you believe damage has been caused during shipping, please contact us at [email protected] with the subject "Product Redemption."
When you become responsible for the items. The items will be your responsibility from the time the items are delivered to the address you gave us.
How to tell us about problems.We are under a legal duty to supply items that are in conformity with this contract. Nothing in these terms will affect your legal rights. If you have any questions or complaints about an item, please contact us by email at [email protected] with the subject "Product Redemption."
Liability. We are not liable for losses due to Product Redemption. We only supply the items for domestic and private use through our platform. The items cannot be used for any commercial, business or resale purpose.
The documents sent with an item, or the packaging or labelling of an item may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the items do so. We will not be legally responsible to you if any of these are not observed.
We are only an intermediary between the brand / item supplier and you. We are not liable for any damages caused directly or indirectly by the redeemed items.
Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any iteems to you, which are set out in our Marketplace Terms and Conditions
- We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity through your use of the Platform.
How we may use your personal information
Rules about linking to the Platform
You may link to the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Platform in any website that is not owned by you.
The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of Content on the Platform other than that set out above, please contact [email protected].
As an potential AWIN Affiliate Publisher, AGORA may earn from qualifying purchases from ASOS and Look Fantastic, a part of The Hut Group.
Which country's laws apply to any disputes?