THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE POST FOR RENT.
We may offer from time to time a special feature that has its own Terms that apply in addition to these Terms. In case of any doubt or conflict, the special new feature’s Terms will prevail.
ARBITRATION NOTICE: BY USING OUR SERVICE YOU AGREE THAT DISPUTES BETWEEN YOU AND POST FOR RENT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Scope of our Service
Through the Website, Post for Rent provides an online platform through which business entities or private individuals (the "Brands") can contract content creators/advertisement providers (the "Influencers") (Brands and Influencers together shall be referred to as "Users" or "User" respectively) to advertise their services, products or events through posting a required content (the "Post") to the Influencer’s social media profiles operated by third party providers.
By accepting a booking for a Post ("Booking") through Post for Rent, the Influencer enters into a direct (legally binding) contractual relationship with the Brand who books the Influencer for the relevant Post. We act solely as an intermediary between the Influencer and the Brand. Post for Rent also serves as the limited authorized payment collection agent of the Influencers for the purpose of collecting and remitting, on behalf of the Influencers, payments from Brands.
We reserve the right to change these Terms from time to time in our sole discretion. Unless the change is necessitated by legal or administrative reasons, we will provide notice before the updated terms become effective. You agree that we may notify you of the updated terms by posting them on the Website or notify you via email. Your use of the Service after the effective date of the updated terms constitute your agreement to the updated terms. The updated terms will be effective as of the date of posting or such later date as may be specified in the updated terms.
Post for Rent reserves the right to modify, suspend, terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY POST FOR RENT. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or guardian who is at least 18 years of age. You represent and warrant that you have the legal capacity or necessary authorization to enter into these Terms in your jurisdiction.
You are exclusively liable and responsible for your actions and for any information in written, graphic, or other tangible, perceptible form, including without limitation information, data, files, text, or any other information, applications, links, image, graphics, drawing, music, sound, audio clip, video image, video clip, photo, data, text, username, profile, and other content you create, send, upload, submit, post or display to your User Profile (see below) on or via the Website or send, upload, submit, post or display in relation to the use of the Service (collectively "Content")
The information that We disclose is based on the information provided to us by the Users. As such, the Users are given access to the Website through which the relevant User is fully responsible for updating all relevant data, availability and other information which is displayed on our Website. Although We will use reasonable skill and care in performing Our services, We will not verify if, and cannot guarantee that, all information is accurate, complete or correct. Each User remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including his or her rates and availability for booking) displayed on Our Website. Our Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any registered User.
There may be links from the Website to third-party web sites or features. Third-party content may also be included in the Service. These Third-party related contents, websites, features etc. are not controlled, maintained or endorsed by Post for Rent. You expressly acknowledge and agree that Post for Rent is in no way responsible or liable for any such third party services or features.
Since all Contents created in the framework of the Service are sponsored and paid contents, all Influencers shall indicate this in their Posts by using the hashtag #paidpartnership. All damages and costs arising out of or in connection with the failure by any Influencer to meet this criterion, shall be borne solely by the given Influencer.
Post for Rent cannot be held responsible for any errors, any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
You represent and warrant that you own the Content posted by you in relation to using the Service or otherwise have the right to grant the rights and licenses set forth in these Terms.
You represent and warrant that the posting or use of your Content does not violate or infringe on the rights of any third party, including without limitation copyrights, privacy rights, trademarks or other intellectual property rights.
You are solely responsible for your interaction with other Users of the Service. You agree that Post for Rent is not responsible for the conduct and behavior of other Users. Post for Rent reserves the right but has no obligation to take part in disputes between the Users of the Service.
You are responsible for any activity, that occurs through your account and you are responsible for keeping your password secret and secure.
You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
You shall not post Content that is violent or incites violence or contains graphic or gratuitous violence, nude, partially nude, discriminatory, unlawful, infringing, hateful, threatening, obscene, pornographic or sexually suggestive photos or other content that infringes or violates someone else’s rights or otherwise violates the law via the Website.
You will not insult, offend, abuse, harass, impersonate, intimidate, defame, bully, threaten, terrorize people or entities with or without legal personality.
You will not use Post for Rent for any unlawful, illegal, criminal, illegitimate or unauthorized purpose. You hereby undertake to comply with any and all legal regulations and laws applicable to your use of the Post for Rent.
You will not amend, change, modify, or adapt the Post for Rent or amend, change or modify another website so as to imply that it is identical with or similar to Post for Rent or in any ways associated with Post for Rent.
You will not interfere or disrupt the Post for Rent or servers or networks connected to Post for Rent, including by transmitting or uploading any worms, viruses, spyware, malware, malicious code or any other code of a destructive or disruptive nature. You will not inject content or code or otherwise alter or interfere with the way any Post for Rent page is rendered or displayed in a User's browser or device.
You will not collect other Users’ Content or information or otherwise access Post for Rent or create accounts with Post for Rent via unauthorized means, for example by using an automated device, script, bot, spider, robot, crawler or scraper without our prior written authorization.
You will not try to limit in any ways other User’s right to access or use the Post for Rent and you will not try to aid or inspire anyone to violate the Terms or any other Post for Rent terms or guidelines as updated from time to time.
We don't allow the promotion of products or services that cause damage, harm, or injury to other people or their property, including but not limited to the following:
- Guns and parts
- Dangerous knives and other weapons
- Recreational drugs & drug-related equipment
- Tobacco products and related equipment
- Illegal prescription medication
- Products or services ("item" or "items") related to copyright and trademark infringement
VIOLATION OF THESE TERMS MAY, IN POST FOR RENT’S SOLE DISCRETION, RESULT IN TERMINATION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT POST FOR RENT CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON OR VIA THE WEBSITE AND YOU USE THE POST FOR RENT AT YOUR OWN RISK AND WILL. IF WE BELIEVE THAT YOU VIOLATE THESE TERMS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR POST FOR RENT OR ANY THIRD PARTY, WE MAY REMOVE ANY CONTENT YOU POST, UPLOAD OR SUBMIT OR WE CAN STOP PROVIDING ALL OR PART OF THE SERVICES TO YOU.
Account registration and further correspondence
In order for Users to be able to use the Service, the Post for Rent account registration process shall be completed, and an account shall be established ("Account") as described below.
Before you register as an Influencer or as a Brand or both respectively, in order to visit the sites on the Website you will be required to sign in by logging in Our registration procedure by creating a username and a password ("Account ID") through your valid email address or simply by using one of your third-party social networking sites ("SNS") (options available on the Website, each such social media account, a "Third-Party Account"), via our Website, as described below.
In order to gain full access to all features of the Website, and to complete your registration either as an Influencer or a Brand you must create a User profile ("User Profile").
You represent that you are entitled to disclose your Third-Party Account login information to Post for Rent and/or grant Post for Rent access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Post for Rent to pay any fees or making Post for Rent subject to any usage limitations imposed by such third-party service providers. By granting Post for Rent access to any Third-Party Accounts, you understand that Post for Rent will access, make available and store (if applicable) specific content to the extent that you have elected to be transferred from your Third-Party Account ("SNS Content") or post, upload, publish, submit, transmit, or include otherwise that it is available on and through your Post for Rent User Profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be an Influencer Content for all purposes of these Terms.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Post for Rent makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Post for Rent is not responsible for any SNS Content.
Your Post for Rent Account and your Post for Rent User Profile page will be created for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above. You may have more than one (1) active Post for Rent Account only if you elect to register as both Brand and Influencer. You are solely responsible for all use of the Website and for all Posts and Contents created through Your Account. You shall ensure the security of Your Account ID and will notify Post for Rent immediately if any Account ID is lost, stolen or otherwise compromised.
All Users shall honor the business and clients of Post for Rent. Influencers may not attempt to contact any Brand directly and vice versa in order to engage in any activity that might adversely affect Post for Rent’s business and Influencers and Brands shall not attempt to negotiate terms directly with each other.
Failure by any Users to meet the above criteria, shall result in obligation to pay penalty and/or temporary or permanent suspension or termination of access to the Service.
The amount of the penalty for Users for breach of the non-circumvention provisions shall amount to 50% of the campaign budget of the Brand concerned by the default. The Brand and the Influencer in breach shall be jointly and severally liable for such breach. Post for Rent is entitled to set off its claim for penalty against any outstanding and/or future claim of the Users.
Our Services are made available for commercial use only and against commission for Brands and free of commission for Influencers except for the transaction fees charged by Post for Rent for certain payment processing costs as defined below.
A) Transaction Fee
In consideration for certain transaction and exchange costs related to the payment processing, Post for Rent may impose or deduct a flat fee (the "Transaction Fee") on or from the actual payment of the relevant influencer fee (as defined below). Post for Rent will deduct the Transaction Fee from the influencer fee payable to the applicable Influencer before remitting the balance to the Influencer as described in these Terms.
Transaction Fee is equivalent of 3% of the total aggregate influencer fee payable to the applicable Influencer.
B) Financial Terms for Influencers
If you are an Influencer and a booking is initiated for your Post via the Website, you will be required to either confirm or reject the booking request. When a booking is requested by a Brand via the Website, We will send you a notification email with (i) the name of the Brand who has requested the booking, (ii) a link to the Brand’s Post for Rent User Profile page where relevant booking information is displayed. After the Influencer has confirmed the relevant booking Post for Rent will send a confirmation email both to the applicable Influencer and Brand.
If you decide to abort a booking, any amounts collected by Post for Rent for the requested booking will be refunded to the applicable Brand’s payment card or bank account and any pre-authorization of such payment card will be released in accordance with Our Cancelation and Refund Policy.
Influencer Fees shown on the Website shall be expressed in your base currency (the "Base Currency") as selected during your User Profile registration, excluding local taxes imposed by the authorities in your country of residence or where you are supposed to pay your taxes.
Rates that are due and payable by a Brand in exchange for the Influencer’s completion of an accepted booking ("Influencer Fee") displayed in the Influencers’ User Profile are independently set by Influencers themselves in their sole discretion with a total maximum of 65,000.00 (sixty five thousand) Hong Kong dollars (HKD) and a minimum of 80.00 (eighty) HKD (or the equivalent sums in the Base Currency you set to display your rates in and converted based on the prevailing exchange rate at the time of setting the relevant Influencer Fee) which absolute thresholds (Maximum and Minimum Influencer Fee) no particular Influencer Fee set for a Post shall exceed. Please check the payment and refund details of the Terms thoroughly for any such conditions prior to setting your Influencer Fee on your Profile. The Influencer alone, and not Post for Rent, is responsible for determining the amount of Influencer Fee appropriate for his or her rates and bears all commercial risk related to his or her pricing.
Influencer Fees are either set as a fixed fee in which case the Influencer determines in his or her sole discretion a definite price for a Post and/or as performance based fee ("Success Fee").
If the Influencer sets the Influencer Fee as Success Fee then he or she has to give a unit price for the Influencer Fee according to the following: per (i) number of likes or retweets, (ii) number of comments or (iii) number of shares (together as "Performance Indicators"). In case of a Success Fee Post for Rent will, after 24 hours from the relevant Post has been placed check the actual (i) number of likes or retweets; (ii) number of comments or (iii) number of shares that the Influencer has achieved by that time and use a simple multiple of the unit price and the number of the applicable Performance Indicators to calculate the actual sum of the payable Influencer Fee.
At the time of the confirmation of the booking We will block a Security Deposit (see below Security Deposit policy) on the Brand’s payment card or bank account (see below Security Deposit policy) and will release the blocked amount upon such Brand’s confirmation of the delivered Post and simultaneously debit the actual payable Success Fee to be remitted to the applicable Influencer (or release such pre-authorization subject to Our refund policy) as described in these Terms.
Post for Rent will also collect a Security Deposit in case the Influencer Fee is set at a fixed rate at the time of the booking confirmation (i.e. when the Brand confirms the booking). Post for Rent will release the corresponding Security Deposit and initiate the actual payout of the Influencer Fee to the Influencer within 3 business days ("Fast payment") of when the Brand confirms the relevant Post (except to the extent that a refund is due to the Brand in line with Our Cancelation and Refund Policy). In case of a Fast payment Post for Rent is entitled to deduct a 6% as a consideration for its immediate proceeding. Additionally, the other payment method is when Post for Rent releases the corresponding Security Deposit and initiates the actual payout of the Influencer Fee to the Influencer’s bank account within 30 calendar days ("Slow payment") after the confirmation of the Brand. In case of Slow payment Post for Rent will not deduct any consideration in line with the actual payout of the Influencer Fee to the Influencer’s bank account, except the use of third-party payment processors, in which case Post for Rent is entitled to keep 5%. The actual time it takes for the Influencer to receive payouts may depend upon the payout method chosen by the Influencer. All methods involve the use of third-party payment processors (e.g. PayPal, bank wire transfer by Currency Cloud, Payoneer) who may impose their own additional charges for the use of their services on the Influencer, including by deducting their charges from the payout amount. Payments of Post Fees collected from the Brands will be facilitated and paid out to Influencers by means of secure online payment through these third party payment processors (all to the extent offered and supported by Influencer’s bank and card issuer).
Each Influencer hereby appoints Post for Rent as the Influencer’s limited payment collection agent solely for the purpose of accepting the Influencer Fees from the Brands and facilitate the payments to the account of the Influencer according to these Terms.
Each Influencer agrees that payment made by a Brand through Post for Rent, shall be considered the same as a payment made directly to the Influencer, and the Influencer will complete the Post for the Brand in the agreed-upon manner as if the Influencer has received the Influencer Fee directly. Each Influencer agrees that Post for Rent may, in accordance with the Cancelation and Refund Policy defined below permit the Brand to cancel the booking as specified in Our cancelation policy. By accepting the Terms each Influencer understands that Post for Rent collects and pays out payments to the Influencers as the Influencer’s limited payment collection agent and that Post for Rent's obligation to pay the Influencer is subject to and conditional upon successful collection of the associated payments from the Brands. Post for Rent does not guarantee payments to Influencers for amounts that have not been successfully received by Post for Rent from Brands.
C) Financial Terms for Brands
The Influencers, not Post for Rent, are solely responsible for honoring any confirmed bookings and delivering the booked Posts in the required manner, time and place as Brands instruct them during the bookings. If you, as an Brand, choose to enter into a transaction by making a booking with an Influencer for a specified Post, you agree and understand that you will enter into an agreement with the Influencer and you agree to accept the current Terms associated with such bookings. You acknowledge and agree that the Influencer, and not Post for Rent, will be responsible for performing the obligations of any such booking, and that Post for Rent is not a party to, and that, with the exception of its payment obligations hereunder, Post for Rent disclaims all liability arising from or related to the performance of any Posts and such arrangements. You acknowledge and agree that, notwithstanding the fact that Post for Rent is not a party to the agreement between you and the Influencer, Post for Rent acts as the Influencer’s payment collection agent for the limited purpose of accepting payments from the Brand on behalf of the Influencer. Upon the Brand’s payment of the Influencer Fee through Post for Rent, Brand’s payment obligation to the Influencer for the Post Fees is extinguished, and Post for Rent is responsible for remitting the Influencer Fees, in the manner described in these Terms. In the event that Post for Rent does not remit any such amounts as described in these Terms, such Influencers will have recourse only against Post for Rent.
The payable Influencer Fees and payment methods (fixed or success fee) will be displayed to the Brand before the Brand sends a booking request to an Influencer. Influencer is required to either confirm or reject the booking request.
You as an Brand agree to pay for the Influencer Fee (subject to the below Cancelation and Refund Policy) for any booking requested in connection with a Post required by the selected Influencer if such requested booking is confirmed and delivered by the applicable Influencer. In order to establish a booking pending the applicable Influencer’s confirmation of your requested booking, you understand and agree that Post for Rent, on behalf of the Influencer, reserves the right, in its sole discretion, to obtain a pre-authorization via your payment card for the Influencer Fee. Brands shall provide the details of their payment card or other payment details. Post for Rent will verify: (i) the validity of the payment card and (ii) the availability of funds on the payment card related to the particular Influencer Fee to be confirmed electronically by the bank issuing the Brand’s credit or bank card by blocking a nominal value (1 US dollar or a similar sum in the currency in which you are transacting) and if the card issuer approves the transaction, the available line of credit or outstanding balance on a debit account will be reduced by this amount (this pre-authorization is then immediately lifted after successful validation).
Once you, as a Brand confirm a booked Post as completed and delivered according to your instructions you and the applicable Influencer will receive a confirmation email sent by Us summarizing the confirmed Post and notifying the respective Users about the pay-out of the collected Influencer Fee.
Post for Rent will apply a Security Deposit for processing bookings.
In case of Success Fee the actual amount of the Security Deposit is defined as the simple multiple of the (i) unit price set by the Influencer for the relevant type of Performance Indicator and accepted by the Brand, and the (ii) average number per Post of that Performance Indicator historically achieved by the Influencer in his or her respective social media profile(s). The amount of the Security Deposit will be blocked at the time the applicable Influencer confirms the booking and such pre-authorization will be released after 24 hours from the booked Post was placed while simultaneously Post for Rent will, in its capacity as the payment collection agent of the Influencer, charge the Brand in the amount of the payable Success Fee administering the Influencer fee due to the Influencer.
For fixed rate Influencer Fee the Security Deposit will be calculated as 100% of the actual Influencer Fee set by the Influencer. Similar to the Success Fee option defined above, the amount of the Security Deposit will be blocked at the time the applicable Influencer confirms the booking and such pre-authorization will be released as soon as the Brand confirms the performance of the booked Post while simultaneously Post for Rent will, in its capacity as the payment collection agent of the Influencer, charge the Brand in the amount of the payable Influencer Fee administering the Influencer Fee due to the Influencer.
Post for Rent Commission
In consideration for the use of Post for Rent online marketplace and Website, Post for Rent charges the Commission to the Brand which is charged excluding VAT. Post for Rent charges the Commission in excess of the Influencer Fee and separately remits the Influencer Fee to the Influencer as described in these Terms. Therefore Commission is not included in Influencer Fee.
Commission is calculated as 13% of the applicable Influencer Fee and will be charged by Post for Rent through PayPal. Amounts may be rounded to a whole number. Commission is non-refundable. In case of Success Fee Commission is calculated as 13% of the actual amount of the payable Influencer Fee.
In the event the Influencer Fee is paid by vouchers or other products by the Brand, the amount of Commission is 20 USD per each voucher/product.
Influencers may prefer to display and receive Influencer Fee in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences.
Each foreign currency conversion is processed at a foreign currency conversion rate (the "Exchange Rate", that means a system-wide rate used by Post for Rent for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up; Post for Rent establishes the Exchange Rate using data from one or more third parties such as Open Exchange Rates - http://openexchangerates.org/). Brands and Influencers acknowledge that whichever currency the Influencer displays his or her Influencer Fee in, Post for Rent will converse all payment transactions into HKD. Accordingly, Post for Rent will convert the payable Influencer Fee into HKD at the prevailing Exchange Rate at the time of collecting the actual amount from the Brand and will debit the Brand the amount denominated in HKD. The Commission will be calculated and converted likewise into HKD at the Exchange Rate prevailing at the time of the collection of the Influencer Fee.
Since every payout method selected by the Influencer involves certain third-party payment processors (such as PayPal), (i) Post for Rent will send the applicable Influencer Fee (minus the actual Transaction Fee) to the processor in US dollars, (ii) the Influencer will be able to view the Influencer Fee sent by Post for Rent in HKD in his or her transaction history, and (iii) the processor will calculate the actual payout of the Influencer Fee to the Influencer by applying its own foreign currency conversion rate for HKD to the payout currency that Influencers set as their Base Currency.
When a booked Post is not delivered by the Influencer, and there had been a foreign currency conversion when the booking was submitted and the Brand’s bank account or payment card charged by Post for Rent, refund to the Brand will be processed at the same rate as applied to the earlier payment by the Brand.
When you as a Brand submit a booking request, you will be able to view the actual exchange rate used to calculate the Influencer Fee in HKD on Our site.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from HKD. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Post for Rent.
Cancelation of Booking and refund policy
If, as a Brand, you wish to cancel a confirmed booking made via the Website – due to a cause other than an Event of Default as defined below– you hereby agree that you shall pay all fees and costs that are due in accordance with these Terms.
Subject to the above paragraph, if, as a Brand, you wish to cancel a confirmed booking before the Post is completed by the Influencer you shall immediately report your intention to Us in accordance with the current Terms. Post for Rent will use its commercially reasonable efforts to address the Brand’s cancelation request by notifying the Influencer without delay. The Influencer, upon receiving the notification on cancelation, shall do its best endeavor not to complete the Post concerned by the cancelation. Post for Rent will not be responsible for any damages related to the Influencer’s non-compliance of such request, and disclaims any and all liability in this regard. Influencers will not be liable for making a Post after a confirmed booking, as long as they comply with the Brand’s booking instructions and these Terms.
Non-compliance by the Influencer
The Brand shall not pay any fee and the Influencer is not becoming entitled to any consideration insofar the relevant Post is not delivered or delivered but not according to the current terms and specific instructions given by the Brand and the Brand explicitly refuses to accept the Post.
A Post is deemed not in compliance with the relevant Post for Rent policy and may not be honored by the Brand thus consequently related pending payment of Influencer Fee shall not be payable to the Influencer if the following conditions are not met ("Events of Default" or "Event of Default"):
- the booked Post is delivered on time as set by the Brand during the booking and as indicated in the Brands’ profile page related to that booking;
- the Post is made on the required social media platform(s) as set by the Brand during the booking and as indicated in the Brands’ profile page related to that booking;
- Post is made in the form as required by the Brand during the booking and as indicated in the Brands’ profile page related to that booking. In this regard Posts are to be made using (i) only text; (ii) only video; (iii) only picture/photo; or a combination of (iv) text and video or (v) text and picture/photo;
- If the relevant mandatory field is filled by the Brand during the booking for a specific text that is required by the Brand to be included in the Post then such text shall be displayed in the Post by the Influencer quoted word-for-word.
In case any Event of Default occurs, Post for Rent excludes any and all liability towards the Brand affected by such Event of Default.
In case any Event of Default occurs, the Influencer shall pay a penalty to Post for Rent amounting to the Commission Fee that would have been paid to Post for Rent for the respective Post by the Brand. Post for Rent has the right to set off its claim for penalty against any outstanding and/or future claim of the Influencer.
Wrong bank, debit or credit card details, invalid credit/debit cards are for your own risk and account and you shall not be entitled to any compensation for the delay or error in payment processing due to the wrong, insufficient or invalid bank, debit or credit card details.
Termination and Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Pay for Rent Account and/or terminate your access to the Service or the Website temporarily or permanently. If we exercise our discretion under these Terms, or You cancel your Account at your sole discretion as defined below, any or all of the following can occur with or without prior notice or explanation to you: (i) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, your Account, your User Profile and Content, or receive assistance from Post for Rent Customer Service, (ii) any pending and confirmed bookings will be immediately terminated and you will not be able to make or accept future bookings (iii) We may communicate to the applicable Brand and Influencer that a confirmed booking has been cancelled, (iv) we may proceed with potential refunds in accordance with Our Cancelation and Refund Policies.
You may cancel your Post for Rent Account at any time via the "Cancel Account" feature of the Website or by sending us an email. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to any reviews and ratings.
An Influencer hereby agrees and acknowledges that he or she is at all times responsible to account for and pay the applicable taxes due on the total amount of Influencer Fee due for his or her services to the relevant tax authorities. Post for Rent is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on your service price to the competent tax authorities. Post for Rent cannot and does not offer Tax-related advice to any registered Influencers or Brands nor does it act as co-vendor or contractor with or to the Influencers.
Where applicable, or based upon request from a Brand, Post for Rent shall issue a valid VAT invoice for and on behalf of the applicable Influencer to such Brand of all applicable fees including the Commission payable to Post for Rent and the Influencer Fee. Post for Rent shall not invoice (or send an invoice to) Influencers for the Post as Post for Rent does not charge Influencers for the use of the Website other than the Transaction Fee.
Where applicable, or based upon request from a Brand, Post for Rent shall issue a statement on behalf of any Influencer that the given Influencer is responsible to pay the applicable taxes due on the Influencer Fee and the given Influencer shall comply with such payment obligation.
Rating, Reviews and Reference
The default setting of a rating related to a User on Our Website is designated by star(s) "*" (the "Rating"). Please note that Users can give a Rating to one and another on a scale. The Rating scale includes a minimum of one and maximum of five stars where ascending number of stars reflects higher rating. Additionally, Users will have the option to provide detailed reviews ("Review") on each other with a strong emphasis on the Brands’ reviews related to Influencers’ earlier completion of bookings and Influencers’ reviews on Brands’ initiating those bookings.
The Users’ review shall be (a) uploaded onto the relevant User Profile page on Our Website for the sole purpose of orienting and informing (future) Users of the opinion on the perceived quality of an Influencer’s or Brand’s performance related to particular bookings, and (b) (wholly or partly) used and placed by Post for Rent at its sole discretion (e.g. for marketing, promotion or improvement of our service) on Our Website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Post for Rent. We reserve the right to adjust, refuse or remove reviews at Our sole discretion. The review form should be regarded as a survey and does not include any (further commercial or non-) offers, invitations or incentives whatsoever.
Influencers will have the option to refer to earlier completion of Posts in their respective User Profile for the purpose of reference ("Reference") except the case when the Influencer confirms a booking initiated by a Brand specifically indicated as a secret booking ("Secret Booking"). When, as a Brand you initiate a Secret Booking, your User identification will not be revealed in the Reviews, additionally, as an Influencer you hereby agree that you will not be able to refer to such Brand as a Reference after the completion of the relevant Post. Ratings will be available in line with the current Terms.
Intellectual property rights
Post for Rent is granted exclusive license of all rights, title and interest in and to all intellectual property rights (including the look and feel infrastructure, the copyrights) of the Website on which the Service is made available (including the User Reviews), the Contents and information of and material on the Website, the brand Post for Rent and the software required for the Service or available on or used by the Website. To the extent that you would (wholly or partly) use or combine our content (including User Reviews) or would otherwise own any intellectual property rights in the Website or any content, you hereby assign, transfer and set over all such intellectual property rights to Post for Rent. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
THE SERVICE IS PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER POST FOR RENT NOR ITS OWNERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATED COMPANIES, DISTRIBUTORS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE WEBSITE (COLLECTIVELY, "THE POST FOR RENT RELATED PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (i) THE WEBSITE; (ii) THE SERVICE; (iii) USER CONTENT; OR (iv) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO POST FOR RENT OR VIA THE SERVICE (v) THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED (vi) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, (vii) THAT THE SERVICE OR THE SERVER MAKING AVAILABLE THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. IN ADDITION, THE POST FOR RENT RELATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE POST FOR RENT RELATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE POST FOR RENT RELATED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
BY UPLOADING PHOTOS/IMAGES ONTO OUR SYSTEM YOU CERTIFY, WARRANT AND AGREE THAT YOU OWN THE COPYRIGHT TO THE PHOTOS/IMAGES AND THAT YOU AGREE THAT POST FOR RENT MAY USE THE UPLOADED PHOTOS/IMAGES ON ITS (MOBILE) WEBSITE AND APP, AND IN (ONLINE/OFFLINE) PROMOTIONAL MATERIALS AND PUBLICATIONS AND AS POST FOR RENT AT ITS DISCRETION SEES FIT. BY UPLOADING THESE PHOTOS/IMAGES THE PERSON UPLOADING THE PICTURE(S) ACCEPTS FULL LEGAL AND MORAL RESPONSIBILITY OF ANY AND ALL LEGAL CLAIMS THAT ARE MADE BY ANY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, PROPERTY OWNERS) DUE TO POST FOR RENT PUBLISHING AND USING THESE PHOTOS/IMAGES. POST FOR RENT DOES NOT OWN OR ENDORSE THE PHOTOS/IMAGES THAT ARE UPLOADED. THE TRUTHFULNESS, VALIDITY AND RIGHT TO USE OF ALL PHOTOS/IMAGES IS ASSUMED BY THE PERSON WHO UPLOADED THE PHOTO, AND POST FOR RENT DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE PICTURES POSTED.
IF YOU ARE AN INFLUENCER YOU ACKNOWLEDGE AND AGREE THAT YOU ALONE ARE RESPONSIBLE FOR ALL CONTENT YOU POST. ACCORDINGLY, YOU REPRESENT AND WARRANT THAT ANY CONTENT YOU POST OR UPLOAD TO YOUR USER PROFILE (I) WILL NOT BREACH ANY AGREEMENTS YOU HAVE ENTERED INTO WITH ANY THIRD PARTIES, SUCH AS THIRD-PARTY SOCIAL NETWORKING SITES (II) WILL (A) BE IN COMPLIANCE WITH ALL APPLICABLE LAWS, TAX REQUIREMENTS, AND RULES AND REGULATIONS THAT MAY APPLY TO CONTENT YOU POST, AND (B) NOT CONFLICT WITH THE RIGHTS OF THIRD PARTIES. PLEASE NOTE THAT POST FOR RENT ASSUMES NO RESPONSIBILITY FOR AN INFLUENCER’S COMPLIANCE WITH ANY AGREEMENTS WITH OR DUTIES TO THIRD PARTIES, APPLICABLE LAWS, RULES AND REGULATIONS. POST FOR RENT RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO REMOVE OR DISABLE ACCESS TO ANY USER PROFILE AND REMOVE ANY CONTENT FOR ANY REASON, IN ITS SOLE DISCRETION, THAT IT CONSIDERS TO BE OBJECTIONABLE FOR ANY REASON, IN VIOLATION OF THESE TERMS OR OTHERWISE HARMFUL TO THE WEBSITE.
FURTHERMORE, IF YOU ARE AN INFLUENCER, YOU UNDERSTAND AND AGREE THAT POST FOR RENT DOES NOT ACT AS AN INSURER OR AS YOUR CONTRACTING AGENT. IF A BRAND REQUESTS A BOOKING, ANY SERVICE (INCLUDING BOOKINGS FOR POSTS PLACED ON A SOCIAL MEDIA SITE) YOU AS AN INFLUENCER PROVIDE FOR THE BRAND IS BETWEEN YOU AND THE BRAND AND POST FOR RENT IS NOT A PARTY TO IT.
Limitation of Liability
To the extent permitted by law, neither Post for Rent nor any of the Post for Rent related Parties shall be liable for (i) any direct, punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim that are directly or indirectly related to (A) the service, (B) the User Content (C) the Website (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Users as made available on our website, (iii) the booking accepted by and the Posts or Content created by the Influencers, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay or any malfunction of our Website or the Service or any errors or omissions in the Service’s operation (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the (A) Service (B) User Content (C) or any of our business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancelation, overbooking, force majeure or any other event beyond our control (vi) any damage to any User’s computer, mobile device, or other equipment etc. In no event shall the Post for Rent Related Parties total liability to you for all damages, losses or causes or action exceed one hundred HKD (100 HKD).
You hereby agree to indemnify, defend, and hold harmless Post for Rent and all Post for Rent Related Parties from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against either Post for Rent itself or any Post for Rent Related Parties arising from Your access to or use of the Service, Content or Website, and any breach by You of these Terms. Post for Rent will provide You with notice of any such claim or allegation, and Post for Rent will have the right to participate in the defense subject to indemnification by you.
Time Limitation on Claims
You agree that, to the extent permissible by law, any claim you may have arising out of or in connection with your relationship with Post for Rent, must be filed within one year after such claim arose. Following the one year period, your claim becomes permanently barred.
For Users and to the extent permitted by law, these terms and the provision of Our Service shall be governed by and construed in accordance with Hong Kong law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Hong Kong.
If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
Customer Service and the handling of complaints
Queries or requests for information or complaints in accordance with our services should be sent by emailing us, through the "Contact" section of the Website. For ease of resolution Users are encouraged to bring their complaints within 30 calendar days of a registered assignment is taken by the Provider.
In general, complaints will be dealt as soon as reasonably practicable, so that measures can be taken to resolve the problem and in order to limit the damage suffered by the reporting User. However, exceptions may be made depending on the circumstances.
To the extent permitted by law, any dispute, controversy or claim arising out of or relating to these Terms or the breach termination or invalidity thereof or to the relationship between You and Post for Rent, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre. The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC). There shall be only one arbitrator. The language(s) to be used in the arbitral proceedings shall be English.