This Terms and Conditions of Use serves to govern the relationship and acts as an Agreement between Shoptainment Limited (“us” or “we) and the users of our Services (“you”), as part of your access to CRUUSH.com. If you access the website and our Services on behalf of a business or an entity, then “you” includes you and the business entity and you acknowledge that you are an authorized representative of that business entity.
Please read this Terms and Conditions of Use carefully. By continuing to access our website and Services, you agree to and accept this Terms and Conditions of Use and acknowledge that the Services are for commercial purposes. You should also read the Privacy and Cookies Policy found on our website.
The Services are intended for users who are older than sixteen (16) years of age. By registering an account with us, you warrant that you are at least sixteen (16) years old.
You hereby agree to provide complete and accurate information, and you are solely responsible for keeping your username and password confidential. We advise you to not disclose your username and password publicly or on any social and communication channels. Please notify us immediately if you suspect there is any unauthorized use of your account.
We may change and update our Services from time to time, to reflect technological upgrades and ensure the smooth functionality of our website and Services. You may or may not be notified personally but we will announce such changes on our website and other communication channels, including but not limited to our social media channels.
You shall not copy our Services or circumvent our security, and you agree not to retrieve data from our Services without our written permission. You also agree not to use any robot, automatic devices, or manual process to exploit our website pages and content. You shall not breach any terms contained herein, and not to interfere with the proper working of the website and Services.
Shoptainment Limited accepts no liability for actions of the users, Influencers, and Merchants. We make no warranties or guarantees about quality of the products advertised or offered by our Merchants and about any statements made by the Influencers.
We may assign the rights and obligations under this Terms and Conditions of Use to our subsidiaries, group companies, or any companies we deem necessary. You may not assign any rights and obligations without our written consent.
Our Services and your acceptance in using our Services create no employment or contractual relationships between the Influencers and Merchants. You expressly agree that, for the period you are an active user on CRUUSH and for a period of one year following your last active login on the CRUUSH platform, you and your business affiliates will not solicit any business and paid collaboration opportunities made available to you by CRUUSH that happen outside of the CRUUSH platform.
Influencers warrant that you are the owner and creator of the content, and that you have the relevant rights and licenses to the content. You further warrant that the content does not infringe or violate any third party’s intellectual property rights or any laws and regulations.
By submitting the published content links to CRUUSH, you grant us a non-exclusive, perpetual, worldwide, and royalty-free license to store, reproduce, transmit, distribute, modify, publish, publicly display, archive, or otherwise use such content, in whole or in part, in any manner or form as we see fit in our sole discretion. The content may be used to promote and improve our Services, or to promote our brand.
Once the published content links are submitted to CRUUSH, you commit to keep the relevant content (text, images, videos) live on your social media account(s) for 1 calendar year, starting from the date of publishing. You shall not remove any posted content within this time period.
You hereby warrant that you will not produce and create any inappropriate or offensive content in relation to the Merchant(s)’s products. That means the content shall not misrepresent your affiliation with other person or entity, contain materials that are illegal, harmful, threatening, abusive, false, misleading, obscene, sexually explicit, violent, hateful, discriminatory, or otherwise offensive, or infringe any proprietary rights or personal information of others.
You will receive an affiliate link and discount code relevant to any campaign you have created. You can share such affiliate link and discount code on your social and communication channels with your followers and friends. Based on each successful transaction you referred, with reference to the affiliate link, you will receive a pre-defined earnings percentage.
You shall use all reasonable efforts to promote the product and brand, including but not limited to, creating content and publishing them on all of your social media channels, sharing the affiliate link to your followers and friends, and encourage them to purchase the product using the link.
Influencers can submit an earnings withdrawal request anytime. The withdrawal request submission is cut off at 23:59 (at Hong Kong local time) on the 27th day of each month. The Shoptainment team endeavors to review and approve such request at the soonest possible time, and you shall expect to receive the earnings by the last working day of that month.
The earnings percentage will be listed on the product description page. Once you create a Campaign and activate the affiliate link and discount code, you accept and agree the relevant earnings percentage.
The earnings will not be processed until the Merchant’s refund period ends to allow for any returns/refunds requested, after which they are payable upon withdrawal. The Ready to Cash Out amount is calculated based on the actual earnings, which exclude estimated earnings from products that are within the Merchant’s specified refund period. Please refer to the Merchant’s refund period noted on the product description page. You warrant to have agreed to the refund period once you create a Campaign.
The Shoptainment team endeavors to make all commercially reasonable efforts to pay our Influencers in a timely manner. However, in the unfortunate case that we fail to receive payments from the Merchants, we reserve the right to withhold payment to the Influencers for the relevant products.
We are not responsible for verifying the accuracy of any bank or payment details provided by you. We are, furthermore, not responsible for any payments made to the incorrect bank details and are not obliged to help recovering any of those funds.
We remain at our sole discretion to determine if you have violated our terms and conditions and other policies. We may suspend or terminate your use of Service with or without notice to you.
We are committed to keep the CRUUSH platform live 24 hours a day, seven days a week, except for any necessary and unscheduled maintenance period. In the unlikely event that the platform becomes unavailable due to reasons other than those mentioned above, we are not liable for any loss of data but shall use all commercially reasonable means to restore our Services.
Unless specified otherwise, we maintain the ownership and control of all materials that are part of our website and Services. The Services are protected under copyright, patent, trademark, and intellectual property laws. You are provided only with a limited license to use our Service. All unauthorized use is prohibited and is protected by law.
Our name, logos, and designs are all trademarks of Shoptainment Limited, and shall not be used without written permission from us. Other trademarked materials on the website belong to their respective owners.
We may use your brand logos, images, or other materials for marketing or promotional purposes.
Our site may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Terms and Conditions of these websites. We have no control over, and assume no responsibility for the content, terms of service, privacy policies, or practices of any third-party sites or services.
We accept no liability for any direct, indirect, incidental, consequential, punitive or exemplary damages that arise out of interruption of the services. Influencers and Merchants are liable for their own acts and omissions and we accept no liability on their behalf.
We shall not be liable for any failure to perform obligations and provide Services if such failure is caused by fire, flood, natural disaster, act of God, strike, civil unrest, riot, war, terrorism, or other causes that are beyond our reasonable control.
If any term in this Terms and Conditions of Use or other policies becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary. Any modification or deletion of terms shall not affect the validity and enforceability of the rest of the Terms and Conditions of Use or other policies.
This Terms and Conditions of Use is governed by and construed in accordance with the laws of Hong Kong. You agree to submit all disputes arising out of or in connection with the use of our services to the exclusive jurisdiction of the Hong Kong courts.
We may update this Terms and Conditions of Use from time to time to reflect changes in our practices and Services. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions of Use on this page. These changes are effective immediately, after they are posted on this page.
We reserve the final rights to interpret the terms and conditions as listed on this Terms and Conditions of Use.
This Terms and Conditions of Use is written in English with a Chinese translation. If there is any discrepancy or conflict between the English version and its Chinese translation, the English version prevails.
Please do not hesitate to contact us if there are any questions regarding this Terms and Conditions of Use.
Shoptainment Limited
6/F, KOHO
75 Hung To Road, Kwun Tong
Hong Kong
info@cruush.com
Last edited on April 20, 2020