Terms & Conditions
About the Service
Welcome to the Orient Platform that is owned and operated by Orient. This includes www.orienthq.com (the ‘Website’), the Orient App and other related services. By using the Orient Platform, you agree to accept these Terms and Conditions.
The App and Website is operated by Orient PTY. LTD. (ABN 42 631 235 384) . Access to and use of the App and Website, or any of its associated Products or Services, is provided by Orient. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the App and Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the App and Website, or any of Services, immediately.
Orient reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Orient updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Any costs associated with installing, accessing, downloading, using the App and Website, or any other element of the Orient Service remain your responsibility and are dependent on the service provider used.
Orient makes no representation the Orient Service (or any element of the Orient Service) is appropriate or available for use in all locations.
To the extent of any inconsistency between the Brief and these Terms and Conditions, the Terms and Conditions prevail.
Acceptance of the Terms
You accept the Terms by remaining on the Website and/or App. You may also accept the Terms by clicking ‘Yes’/‘I accept’/ ‘Submit’ to accept or agree to the Terms where this option is made available to you by Orient in the user interface.
Registration to use the Services
In order to access the Services, you must first register for an account through the Website and/or App (the ‘Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(g) Company Type – Agency or Brand
You warrant that any information you give to Orient in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
- a) you are not of legal age to form a binding contract with Orient ; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
- (i) the Terms; and
- (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Orient of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Orient providing the Services;
(e) you will not use the Services or the Website or App in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Orient ;
(f) you will not use the Services or Website or App for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website, Service or App;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Orient for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or App or its Services is prohibited.
Using the Orient Platform
5.1 Applying for a Brief
The Orient Platform allows Brands and/or Agencies to create Campaigns including Influencer Marketing, Content Only and Event Only Campaigns, which are then shared with Influencers via the Orient Application. Influencers may apply for a Brief under Influencer Marketing, Content Only and Event Only Campaigns by following the instructions set out in the Orient Platform. The following conditions apply to any application you make for a Brief:
If you are asked to provide any information in connection with any application for a Brief, you represent and warrant to Orient that the information you’ve provided is current, true and correct. For the avoidance of doubt, this information may include, but is not limited to:
- Information as to whether you’ve worked with a Brand previously, or other brands or companies you have worked with; and
- Information about your Influencer analytics and statistics
- Any information.
Terms for Influencers
- Orient Platform is to be used by people aged 16 years and over. Any persons under the age of 16 years, or over the age of 13 years with the written consent from a parent or legal guardian may register an Influencer Account.
- Influencer must download the Orient App to participate and submit a Post via the App. By connecting either Facebook, Instagram, WeChat, Weibo accounts, you are granting Orient permission to publish Posts directly to your Channels.
(c) Have at least 5000 followers (not including bought followers) from one of the Influencer’s Channels. Channels could include Facebook, Instagram, WeChat and Weibo.
(d) Influencer’s Channel must be on public.
We are not party to the contract between the Influencer and the Brand Owner and/or their Agency. We are not liable to the Influencer, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss or damage the Influencer incurs in connection with their participation with the Brand or as a result of the acts or omissions of the Brand and/or Agency (including but not limited to, the Brand Owner’s objection to the posts the Influencer submit which results in non-payment to the Influencer). If there is an issue with the Brand and/or Agency, including with respect to any Brand products sent to the Influencer at their request, the Influencer’s rights are against the Brands and/or their agencies.
(g) The Influencer (and your agents) will not attempt to negotiate terms or payment with others (Brands and/or their Agencies) outside of the Orient Platform. Any attempt may result in removal from the Orient Platform at Orient’s sole discretion.
(h) You acknowledge that Orient has not made any guarantees in regards to the success of a Post or that a Post will be approved by a Brand.
As an Influencer using the Orient Platform, you agree to the following:
- Influencers must disclose in sponsored posts their relationship with the brand. Adhere to Influencer Advertising Regulations that all posts must include “#ad” and/or “advertisement” so the audience are informed that it’s a sponsored post. Orient reserves the right, but is not obliged to review and supervise the disclosure practices of all Influencers in relations to particular posts or Channels.
- Your Post must include all relevant #tags, @mentions, site URLs and other information mentioned in the brief.
- Without limitation, not to delay posting your Post after the Brand has given its approval to your Post and must be posted no later than 48 hours after receiving the Brand’s approval, unless the Brand agrees a designated date.
- Images must be owned and taken by the Influencer and/or Content Creator, and not published anywhere before being submitted to the Brand and/or Agency.
- Keep the post at the top of the social feed for six (6) hours and live for thirty (30) days. You can only remove the post from your channel after a period of thirty (30) days after the Post is published, expiring at 11:59pm on the thirtieth calendar day after the Post if published.
- Grant any additional rights to a Brand and/or Agency without the permission of Orient. Orient will charge a reasonable service fee for negotiating any use extensions between the Influencer and a Brand and/or Agency
Terms for Brands Owners and Agencies
- Brands can create up to three types of Campaigns: Influencer Marketing, Content Only and Event Campaigns.
- Orient can implement a minimum spend for Brand/and or Agency Accounts at Orient’s sole discretion and will be notified in writing of any such minimum spend.
- Brands and/or Agencies agrees to grant all Content uploaded to the Orient Platform as part of a Campaign: to grant Orient (and its agents), a royalty-free, perpetual, global, fixed, non-exclusive license to use the Content for the purpose of marketing and promotions in any manner, without further notification or consent of the Brand and/or Agencies or any compensation payable to the Brand and/or Agencies.
- Orient has the right to terminate a Brand and/or Agency’s account if Orient believes (in its sole discretion) that they are not using the Platform in a fair and reasonable way outlined in the purposes for which Orient Platform were intended.
We are not party to the contract between the Influencer and the Brand Owner and/or their Agency. We are not liable to the Brand and/or Agency whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss or damage the Brand and/or Agency incurs in connection with their participation with the Influencer or as a result of the acts or omissions of the Influencer (including but not limited to, the Influencer’s objection to the posts). If there is an issue with the Brand and/or Agency, including with respect to any Brand products sent to the Influencer at their request, the Brand and/or Agency’s rights are against the Influencer.
- The Brand and/or Agency agrees that they will not attempt to negotiate terms or payment with each other outside of the Orient Platform. Any attempt may result in removal from the Orient Platform at Orient’s sole discretion.
- You acknowledge that Orient has not made any agreements or guarantee to your business or the success of your campaign’s commercial performance or otherwise.
Payment Terms for Brands and/or Agencies.
5.1 Payment for Services
When you approve a Post, Paid Content or Paid Event, you acknowledge that you are an authorised user of the card or account nominated on your Brand/Agency Account to pay the applicable charges. The card details on system are current, correct and complete and that your nominated card or account will cover the full amount of charges. You must not pay, or attempt to pay, any charges through any fraudulent and unlawful means. Upon receiving your Campaign (including your Campaign Budget), Orient may carry out a standard pre-authorisation check of your nominated card or account to verify the details provided and ensure there are necessary funds to fulfil the Campaign Budget. The relevant Campaign may not be shared with Influencers via the App until this pre-authorisation check has been finalised.
In respect to all approved Posts, you authorise Orient to debit the Brand Fee that is payable for the Post from your nominated card or account in order to pay for the charges. You must pay all charges in full strictly within 7 days or as otherwise advised by us in writing. If no timeframe is statement, the payment must be received by us no later than 7 days from the date of the corresponding tax invoice for those Posts.
If you fail to pay any charges or we are unable to successfully collect your payment of any charges within the timeframe required, Orient reserves the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than ten dollars ($10) per month. The Brand and/or Agency may be liable to pay interest on any amount outstanding at the ATO Benchmark interest rate on the date the payment becomes due and you may also be responsible for all related expenses incurred by Orient as a result of such late payment (including but not limited to costs incurred by Orient to recover any unpaid amounts). Orient reserves the right to suspend or terminate your access to the Orient Platform or to suspend or terminate any current Campaigns.
5.2 Payment Method
Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
(a) Credit Card Payment (‘Credit Card’)
All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Orient can vary the Services Fee at any time
Orient will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Orient makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
Copyright and Intellectual Property
The Website, App, Services and all of the related products of Orient are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website and App (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Orient or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Orient , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- (a) use the Website pursuant to the Terms;
- (b) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
- (c) print pages from the Website for your own personal and non-commercial
Orient does not grant you any other rights whatsoever in relation to the Website, App or the Services. All other rights are expressly reserved by Orient .
Orient retains all rights, title and interest in and to the Website and App and all related Services. Nothing you do on or in relation to the Website or App will transfer any:
- (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You must not engage in scraping, crawling, caching or otherwise accessing any content on the Orient Platform via automated means. You may not, without the prior written permission of Orient and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Orient will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, App and the Services is at your own risk. Everything on the Website, App and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Orient make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Orient ) referred to on the Website includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, App the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, App, and/or Services or any of the products of Orient ; and
(d) the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
Orient ‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Orient , its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Orient as set out below.
If you want to terminate the Terms, you may do so by:
(a) providing Orient with 30 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Orient
has made this option available to you.
Your notice should be sent, in writing, to Orient via the ‘Contact Us’ link on our homepage or communicated via email to email@example.com .
Orient may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Orient is required to do so by law;
(c) the provision of the Services to you by Orient is, in the opinion of Orient ,
no longer commercially viable.
Subject to local applicable laws, Orient reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, App or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Orient ‘s name or reputation or violates the rights of those of another party.
You agree to indemnify Orient , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
If you have any questions or suggestions regarding these terms and conditions, please contact us at firstname.lastname@example.org
Address: Mail (Australia): Level 3, 380 Bourke Street, Melbourne, VIC 3000