Servicing Terms and Conditions
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1. Platform Subscription Service
SmartKOL provides various services through the SmartKOL website/platform, only offering services based on the functions and status provided at that time. SmartKOL reserves the right to add, modify, or cancel related systems or functions of Subscription services.
The beginning of the platform subscription service shall start from the date when the user completes the registration process with full payment and SmartKOL completes the relevant system settings to make the platform subscription service available for use. If you purchase or use a paid service, you must provide the information required in the purchasing process and the necessary information to provide you with relevant services in a timely manner. You should ensure that all the information you provide is correct and up-to-date. If the information you provided changes later, you should update it immediately.
All related domain names, network addresses, functions, and all other rights that can be used by members due to their identity still belong to SmartKOL or other legitimate rights holders. Members can only use them according to the provisions of this service agreement during the service period and are not allowed to transfer, rent, or lend their subscription rights to any third party in any way. Members agree that SmartKOL may provide or send newsletters, event information, and other life information to the email address you logged in or the address provided by the member from time to time.
2. Data Space and Storage
Except for paid members who apply for value-added services, SmartKOL reserves the right to add or modify the storage space size. SmartKOL will regularly back up the data you store, but SmartKOL is not responsible for deleted data or backup storage failures.
This system does not guarantee that the data you upload will be displayed normally, nor does it guarantee the accuracy of data transmission. If you find any errors or omissions in this system, please notify SmartKOL immediately.
3. Account, Password, and Security
Before using the Platform subscription service, you must complete the registration process as established by SmartKOL, during which you must provide complete and accurate information. You are solely responsible for any problems that arise due to inaccurate or not updated information.
You have the obligation to keep your username and password confidential and secure. You are responsible for all actions taken using your username and password to access this website/platform. We recommend that you log out after use and not transfer or lend them to third parties. If someone else uses your username and password inappropriately or without authorization, SmartKOL will assist you as soon as possible. However, SmartKOL will not be responsible or obligated to compensate or indemnify you in any way.
4. Privacy of Data
In cases where some services within the platform subscription service are jointly operated by SmartKOL and other cooperating partners or affiliates, if you do not wish to disclose your personal data to other cooperating partners, you can choose not to use these specific services. However, if you start using these specific services, it indicates that you agree to provide personal data to the cooperating partners of such specific services. SmartKOL will explicitly inform you before collecting or transmitting data and then disclose your personal data to the cooperating partners of such specific services.
You agree that in the following circumstances, SmartKOL may access or provide your personal information to the court, regulatory authorities, or third parties who assert their rights have been violated and provide appropriate proof:
4.1 As required by law or by order of a judicial or administrative agency
4.2 To enforce the terms of this Subscription Agreement
4.3 To maintain the normal operation and security of the platform subscription service system
4.4 To protect the legitimate rights and interests of other users or third parties.
5. Protection of Children and Adolescents
Due to the abundance of information on the internet, it is inevitable that there will be inappropriate content for children and adolescents, such as violence, pornography, or criminal information. In order to protect children and adolescents from the impact of inappropriate information, in addition to setting up a reporting channel to remove inappropriate information, parents or guardians must also fulfill the following duties:
For adolescents under the age of 18, they should avoid accessing content uploaded by other users that contains violent, pornographic, or criminal information.
Children under the age of 12 should be accompanied by an adult when using the internet to prevent them from accessing inappropriate information.
6. Advertising for SmartKOL Website Platform subscription service
SmartKOL website provides ownership and management rights for all related pages, including but not limited to banner ads, pop-up ads, or other forms of advertising and information that appear in appropriate positions or methods determined by SmartKOL. They all belong to SmartKOL. Without prior consent from SmartKOL, members or third parties may not sell, operate, or provide these network advertisements or similar businesses on their own or on behalf of third parties. However, this does not apply to personal blog page spaces owned by members.
All advertising information that appears on the SmartKOL website is the complete responsibility of individual advertisers or sponsoring companies and has nothing to do with SmartKOL.
7. User Behavior
You must comply with the relevant laws and regulations, and you agree not to engage in the following behaviours:
Posting, transmitting, sending, or storing any files or data that are defamatory, fraudulent, harmful, obscene, pornographic, gambling-related, abusive, untrue, or in violation of the laws of Malaysia.
Posting, transmitting, sending, or storing any data that infringes upon the intellectual property rights or other rights of others.
Unauthorized copying or use of all or part of any database content within the member service.
Posting, transmitting, sending, or storing any program or message that contains viruses or any other programs or messages that may destroy or interfere with computer systems or data.
Behaviors that disrupt or interfere with the operation of the member service or violate general netiquette.
Unauthorized access to the member service system or impersonation of other’s accounts or forgery of other’s identification information.
Any act of stealing member account, password, or access permissions of the member service.
Any behavior that hinders or interferes with other user’s use of the member service.
Any behavior that is not in line with the intended use of the member service.
Damaging and interfering with the various data, activities, or functions provided by this service, or entering or attempting to enter or destroy any system of this service, or using this service for any act of infringement or destruction.
Engaging in illegal transaction activities or posting messages or engaging in transactions that encourage criminal behavior.
All texts, images, pictures, videos, and other works or information provided in the member service still belong to their lawful owner's copyright or related intellectual property rights. The lawful owner authorizes the members to use them according to the authorized conditions and scope at that time. However, it is limited to your personal use on the SmartKOL website/platform. Without prior authorization, you are not allowed to reproduce, publicly dictate, publicly broadcast, publicly show, publicly perform, publicly transmit, adapt, disseminate, publish, sell, transfer, rent, sublicense, attach to a book, or use in any other form of use of these texts, images, pictures, videos, or other works or information. You are also prohibited from uploading them to any other website/platform or providing them to others in any other way.
SmartKOL does not conduct any form or substantial review of the content transmitted, posted, or published by members. If any text, image, picture, videos, or other work or data raises disputes concerning ownership or other legality, SmartKOL has the right to immediately, without prior notice, without any refund, cease providing platform subscription service, delete the disputed content, or notify members to stop using platform subscription service.
If you believe that any web page content or other member use of SmartKOL services has infringed your copyright, please contact customer service, and they will promptly handle it for you.
If any prohibited content, such as pornography, insults, or defamation, is found, SmartKOL will immediately delete it and terminate the account without further notice and without any refund.
8. Liability Limitation
For all platform subscription service provided by SmartKOL, they are only provided based on the function and status of the service at that time. SmartKOL does not bear any warranty or guarantee responsibility for any form or content, including but not limited to speed, security, reliability, integrity, accuracy, and uninterrupted and error-free use, for specific user requirements or needs.
For the data, images, videos, audio, music, or texts that you upload, you should judge whether it is suitable for public transmission on the website. SmartKOL will make the greatest effort to ensure the security of your data, but cannot guarantee that all files or data are reliable and correct during transmission, nor guarantee the security, reliability, integrity, accuracy, and uninterrupted and error-free use of the stored files or data.
For the emails, files, and other information that you download in this service, you should consider the risks yourself. SmartKOL is not responsible for any warranty liability if the downloading causes damage to your computer system or loss of data in your computer.
In this service, the information, data, texts, software, music, audio, photos, graphics, videos, messages, or other content uploaded, publicly transmitted, published, or privately sent by you and other members (hereinafter referred to as "User Content") are the responsibility of the providers of "User Content." This service cannot control the "User Content" posted through this service, therefore, does not guarantee its accuracy, integrity, or quality. You understand that when using this service, you may encounter unpleasant or inappropriate "User Content." In any case, SmartKOL is not responsible for any "User Content," including but not limited to any errors or omissions, and any losses or damages arising from the posting, sending emails, or transmission through this service.
9.Service Suspension or Interruption
In the event of service suspension or interruption resulting from routine maintenance, modification or alteration of the member service system or function, SmartKOL may or may not inform the members of such suspension or interruption via email, announcement or other appropriate means prior to the suspension or interruption. You agree that SmartKOL shall not be liable for any damages or compensation arising therefrom.
SmartKOL shall suspend or interrupt all or part of the service and shall not be liable for any direct or indirect damages to the users in the following circumstances:
When relocating, replacing, upgrading, maintaining or repairing related software and hardware equipment of this service.
When users violate government laws or regulations or the terms of this service
When service is stopped or interrupted due to natural disasters or other force majeure events.
When service is stopped or interrupted due to any reasons that cannot be attributed to SmartKOL.
If the service is suspended due to reasons attributable to SmartKOL, SmartKOL will compensate the paid members for the duration of use according to the circumstances by extending the subscription period, but not with a money refund.
10.Termination of Service
Based on the company's operation, platform subscription service may be suspended or terminated in whole or in part, and users cannot demand any compensation or indemnification as a result.
If you violate these Terms of Service, SmartKOL reserves the right to temporarily suspend or terminate the provision of services at any time, and you cannot demand any compensation or indemnification as a result.
You agree that if you publish, transmit, send or store any files or information on the member service that violates any law, violates these Terms of Service, or infringes the rights of any third party, SmartKOL has the right to move, delete or suspend service provision at any time without notice, and is not liable for any damages. If SmartKOL is damaged as a result, you shall be liable for damages to SmartKOL.
The member service system will automatically detect inactive member accounts. If the account has not been used for more than one year, the system will automatically delete all files, data and usage settings in the account without further backup, and suspend the use of your member account. The record of whether the account has been used or not shall be based on the records stored in the member service system of the SmartKOL website.
Payments can be effected using credit cards, debit cards, online transfer, bank in or any other payment methods as agreed between you and SmartKOL. Posting of Additional Ads (as that term is defined below) will be invoiced separately.
11.1 Payment (Brand & Merchant)
You are obliged to pay for the services that we agree to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide us with the necessary materials or information for us to deliver these services to you, you are still liable to us for the full payment.
Once the payment is made, it is fully non-refundable. Payment has to be done before the starting date of our service and paid in full amount, otherwise we may disable your account without notice and refuse to supply further services to you.
Payments can be affected using credit cards, debit cards, online transfer, bank in or any other payment methods as agreed between you and SmartKOL. SmartKOL may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
You agree that pursuant to the Personal Data Protection Act 2010, we may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
You agree that we may disclose this information to a credit reporting agency or interested persons as reasonably necessary.
11.2 Payment to KOL & Influencer
11.2.1 For any Service Package/ Agency Package with SmartKOL
SmartKOL will issue the payment of influencer’s & KOL’s fees within 30 day(s), from the completion of job to ensure efficient payment. The Influencer's service fees will be issued with a method specified by the Company, including but not limited to the method and the unit payment. For the avoidance of doubt, the values and rates of the Influencer's service fees will be determined by the Company and displayed on our platform. In its sole discretion, the Company may change and/or modify the Influencer's service fees or payment terms, whether in whole or in part by notifying the Influencer in advance.
11.2.2 For Platform Subscription Only
Payment to influencers will be the responsibility of the merchant or brand, as outlined in the campaign details. SmartKOL will not handle payments to influencers. Any payment-related matters, including disputes or discrepancies, will be resolved between the merchant or brand and the influencer. SmartKOL is not a party to these transactions. SmartKOL will not be involved in any conflicts regarding payment.
The payment of influencer’s and KOL’s fees should issue within 14 day(s), from the completion of job to ensure efficient payment. The Influencer's service fees will be issued with a method specified by the merchant or brand, including but not limited to the method and the unit payment. For the avoidance of doubt, the values and rates of the Influencer's service fees will be determined by the Company and displayed on our platform. In its sole discretion, the Company may change and/or modify the Influencer's service fees or payment terms, whether in whole or in part by notifying the Influencer in advance.
11.3 Taxes, expenses, and Currency
Each party shall pay the Influencer's service fees for using the SmartKOL under this provision and use the currency and exchange rate as of the payment date. These will be set forth in terms of payment agreed between the parties according to the territory, and this amount has included the taxes required by the government.
The Company shall not be liable for any risk, loss, or damage arising from changes in exchange rates, expenses, or taxes of the Influencer.
“Confidential Information” means any information disclosed by a disclosing party (e.g., SmartKOL, Brand & Merchant, KOLs & Influencers) to a receiving party (e.g. Brand & Merchant, SmartKOL, or KOLs & Influencers) either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that you can establish:
12.1.1 was publicly known and made generally available in the public domain prior to the time of disclosure to the receiving party;
12.1.2 becomes publicly known and made generally available after disclosure to the receiving party other than through the receiving party’s action or inaction; or
12.1.3 is in the receiving party’s possession, without confidentiality restrictions, prior to the time of disclosure by the disclosing party as shown by receiving the party’s files and records.
12.2 Receiving party shall not at any time
12.2.1 disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information (except to those individuals who have a legitimate need to know such information and are bound in writing by confidentiality and non-use restrictions not less protective than those contained herein), or
12.2.2 use, reproduce or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to the receiving party and in accordance with the Terms.
Receiving party agrees to take all measures to protect the secrecy, and avoid disclosure and unauthorized use, of the Confidential Information. Receiving party may disclose Confidential Information if required by law to disclose the Confidential Information, provided that receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure, and provided further that any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information shall remain the disclosing party’s personal property and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to the disclosing party immediately upon its request, and also, upon the termination of the Terms.
Campaign and Collaboration Responsibility
SmartKOL serves as a platform for connecting brands and influencers for marketing campaigns and collaborations. SmartKOL will not be directly involved in the execution or management of any campaign or collaboration that occurs on the platform.
Listing Required Campaign Details:
Brands and merchants are required to provide all necessary details when creating a campaign or collaboration on the SmartKOL platform. This includes campaign goals, requirements, timelines, reward, and compensation details for influencer reference.
SmartKOL will provide assistance to both merchants and influencers by supplying relevant records and data if conflicts or issues arise during or after a campaign. This information can be used to facilitate communication and resolution, but SmartKOL is not liable for any financial or legal matters related to these disputes.
In the event of a dispute between a merchant and an influencer, both parties are encouraged to engage in direct communication to reach a resolution. SmartKOL may offer assistance in facilitating communication but is not responsible for resolving disputes.
By using the SmartKOL platform for campaigns and collaborations, all parties agree to these terms and conditions. It is the responsibility of brands, merchants, and influencers to ensure a clear and mutually agreed-upon understanding of all campaign and collaboration details.
These terms and conditions are designed to clarify the roles and responsibilities of each party involved and to provide a transparent framework for conducting influencer marketing campaigns on the SmartKOL platform.
14. Right to Modify These Terms of Service
SmartKOL reserves the right to modify these Terms of Service at any time, and the modified SmartKOL website member service terms will be published on the SmartKOL website member service website. You agree to read the SmartKOL website member service terms on your own initiative without separate notification.
If any of the service terms in this agreement are invalid, it does not affect the validity of other valid terms.