Terms & Conditions

TRENDER BRAND AND PROMOTER TERMS OF BUSINESS

Trender Brands Terms & Conditions

  • Status of These Terms
    • These terms and the documents referenced in them create a legal agreement between you ("you") and Trender Ltd, of 6 Minories, Aldgate, London EC3N 1BJ, a company registered in England and Wales under company number 09419347 ("we", "us" or "our") in relation to the Trender social media promotion marketplace (the “Marketplace”). You agree that by accessing and/or using the Marketplace, you are agreeing to these terms (“Terms”) and our Privacy Policy.
    • You agree that you are a business acting in the course of its trade in the United Kingdom.
    • You can access these terms at any time at on the Trender App. We reserve the right to update these terms from time to time by posting the updated version at that URL. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Marketplace and cancel your account for the Marketplace.
    • Your attention is in particular drawn to the way that we limit our liability to you under section 12 below, and the requirement in clause 7to ensure that you do not discourage promoters from disclosure of your commercial relationship with them.
    • The social media promotional services you can buy from the promoters listed on the Marketplace by using the Marketplace are sold to you by those promoters. Not by us. We just arrange your booking and collect payment for it on behalf of the promoter.
  • Definitions.
    • For ease of reference the following terms shall having the following meanings in these Marketplace Terms of Use:
    • "Promoter" means a third party, independent of Trender, which has registered its interest in receiving or making Proposals via the Marketplace;
    • “Price” means the price payable for the Promotion, as specified in the Proposal;
    • “Promoter Profile” means information regarding the Promoter, visible my means of the Marketplace, such as age, place of residence, number of followers.
    • “Promotion” means the promotional services you request from Promoters by means of a Proposal submitted by you or the Promoter via the Marketplace;
    • “Proposal” means a proposal sent (or received) by you by means of the Marketplace to (or from) a Promoter, for the provision by the Promoter of specified promotional services, including the terms (such as the Price) and any requirements for such promotional services.
    • "you" and "your" means you, the business registering with Trender for use of the Marketplace.
  • You are Booking and Buying the Promotion from the Promoter, not from Trender.
    • The Marketplace is designed to enable users to book and pay for Promotions provided by Promoters. Promotions are provided by the Promoter, and not by us. Trender is responsible only for taking your Proposal and passing it on to the Promoters (or vice versa), and for collecting on the Promoter’s behalf payment made by you for Promotions. The Promotion which you book via the Marketplace is entirely the responsibility of the Promoter which agreed to provide it to you.
    • What this means is that when you purchase Promotion, it will create two binding legal contracts:
      • one contract between you and Trender, under which we provide to you the booking and payment process by means of the Marketplace. That contract is made on these Marketplace Terms of Use; and
      • a further contract between you and the relevant Promoter in respect of the provision or supply of the Promotion which you book through the Marketplace by agreeing a Proposal with a Promoter.
    • All Promotions available for purchase on the Marketplace are promoted by Trender on behalf of Promoters. As a result, we are not (and cannot reasonably be) responsible or liable to you for anything in relation to the actual Promotion booked through the Marketplace.
    • You acknowledge that the number of messages agreed in respect of any Promotion may not be to unique users; Promoters may message their followers on different platforms and there is likely to be a number of message recipients who are followers of the Promoter on two or more platforms.
    • You are not entitled to cancel any agreement for Promotion with a Promoter. Payment in full must be made in respect of any agreed Promotions.
  • Booking Promotions
    • We require our Promoters to ensure that all information provided by them in a Promoter Profile is accurate, complete and not misleading in any way. But we cannot verify the information which they provide to us. It is the Promoter's responsibility to ensure that the Promotion as set out in the Promoter Profile is available and accurately described. We are not therefore responsible for any inaccuracies in the Promoter Profile, including the price.
    • The Marketplace contains details of a large number of Promotions and it is possible that, despite Trender’s best efforts, some of the pricing and other information shown for certain Promotions is incorrect.
    • Agreeing a Proposal with a Promoter by means of the Marketplace creates a binding contract between you and the Promoter. Unless the Promoter fails to conduct the Promotion in accordance with the agreed Proposal, you cannot cancel or terminate the Proposal without being responsible to the Promoter for payment of the Price.
  • Payment.
    • Prices listed for Promotions include VAT where applicable unless it is stated otherwise in the Promoter Profile.
    • Payment for all Promotions must be made in advance of the time of booking in pounds sterling by credit card, or using an online payment facility linked to the Marketplace. Currency conversions will be at the rate applied by your payment provider current on the date of payment. You will be responsible for protecting the confidentiality of your Marketplace user ID and any password or other security information used by you to access your account on the Marketplace. Any Proposal sent or accepted using your user ID will be deemed to have been sent or accepted by you.
    • Trender takes reasonable care to ensure that its payment facilities are available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such payment facilities, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of our control, such as delays in the banking system or in card networks. Access to the payment facilities may be occasionally restricted to allow for fixing any problems, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any interruptions we have advance notice of in relation to such payment facility and will do what we can to restore the facility as soon as reasonably possible.
    • Trender is not responsible for any additional fees you may incur in agreeing or facilitating Promotions, or in making payment via your Trender account. You are solely responsible for any additional taxes or third party fees (including, but not limited to, all third party license and service fees) incurred as a result of or in connection with the use of Trender and any Promotion services received by you.
    • You may pursue the Promoter for a refund if the Promotion is not carried out in accordance with an agreed Proposal. We will use reasonable endeavours to assist in arranging for a refund in such circumstances.
  • Use of the Marketplace.
    • Whilst you are in compliance with these terms (including the Acceptable Use Policy below), we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Marketplace (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the Marketplace for anything else.
    • You are responsible for the internet connection and/or mobile charges that you may incur for using the Marketplace. You must ask your internet access provider or mobile operator if you don’t know what these charges will be, before you use the Marketplace.
    • We have the right to suspend, withdraw or modify the Marketplace (in whole or in part) without liability to you in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Marketplace; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Marketplace); because it is no longer economically viable or efficient to provide the Marketplace.
    • Whilst you have are registered with an active user ID on Trender, you may not offer or negotiate terms or payment to Promoters you encounter via the Marketplace, by any means outside of the Marketplace. Any attempt to circumvent the Marketplace in this way may result in removal from the Marketplace at our sole discretion.
  • Disclosure of Sponsored Promotions
    • We require full disclosure by all Promoters and yourself as to the commercial nature of the Promotion. In particular, the connection between you and the Promoter that would affect how people evaluate the Promoter’s social media network communications comprised in the Promotion should be disclosed. Any attempt to require or incentivise a Promoter into hiding the commercial relationship between you and the Promoter may be unlawful and will result in our being entitled to immediately terminate your access to the Marketplace.
    • You must not require, incentivise or agree to any Promoter failing to mark the Promotion as “advertisement feature”, for example, or a “promotion” or “sponsored” post or message.
  • Accounts
    • You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for Facebook, Twitter or any social network or platform that you may allow the Marketplace to interact with.
    • If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
    • We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Marketplace and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
  • DISCLAIMER - No control over Promoter Profiles, No Warranty regarding the Marketplace
    • We do not create the content of any Promoter Profiles in the Marketplace. The Promoter Profile is not produced by or for us, nor comprehensively verified by us. Therefore we do not guarantee the accuracy, integrity or quality of that Promoter Profile. Under no circumstances will we be liable in any way for any Promoter Profile, including, but not limited to, any errors or omissions in any Promoter Profile, or any losses or harm of any kind resulting from the use of any Promoter Profile made available via the Marketplace.
    • The Marketplace is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we disclaim any and all warranties, express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement of proprietary rights, and any other warranty, condition, guarantee or representation. You acknowledge that we cannot reasonably guarantee, and do not guarantee, that the Marketplace will always work properly.
  • Your conduct in relation to the Marketplace
    • You must comply with all laws applicable in the UK or any other location that you access the Marketplace from. If any laws applicable to you restrict or prohibit you from using the Marketplace, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Marketplace.
    • You must at all times abide by Trender’s acceptable use policy which are written in these terms & conditions.
  • Your breach of these terms
    • We reserve the right to suspend or terminate your access to the Marketplace (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Any significant breach, including any breach of section 10, is likely to be considered a material breach.
    • You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
  • LIMITATION OF LIABILITY - IMPORTANT – PLEASE READ CAREFULLY
    • We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
    • We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • We are not responsible for:
      • Any losses in relation to your booking of the Promotion or relationship with a Promoter;
      • losses or harm not caused by our breach of these terms or negligence; or
      • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, mobile device failure or financial loss; or
      • technical failures or the lack of availability of the Marketplace, and/or social media channels linked to the Marketplace.
    • We will provide the Marketplace with the same skill and care as other similar Marketplace providers, but you acknowledge that the Marketplace is provided to you free of charge and your only right with respect to any problems or dissatisfaction with any of the Marketplace is to discontinue your use of that Marketplace and we are not responsible or liable for any interruptions or errors that you may experience while using the Marketplace.
  • Intellectual property
    • You acknowledge that all copyright, trade marks (including ‘Trender’ and the Trender logo), and other intellectual property rights in and relating to the Marketplace (other than Promoter Profiles, which remain the property of the Promoter) are owned by us or licensed to us by our partners.
    • If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
    • Copyright Infringement Notices: If you believe your copyright-protected work was included in any Promoter Profile (or otherwise included in the Marketplace) without authorisation, you may submit a copyright infringement notification by emailing us with the following information: name; street address; email address; full details of the work you allege is your unlicensed copyright material. These requests should only be submitted by the copyright owner or an agent who is authorised to act on the owner’s behalf. If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Under no circumstance should you make any claim which is not founded. Misuse of this process may result in the suspension of your account or other legal consequences.
  • Copyright Infringement Notices: If you believe your copyright-protected work was included in any Promoter Profile (or otherwise included in the Marketplace) without authorisation, you may submit a copyright infringement notification by emailing us with the following information: name; street address; email address; full details of the work you allege is your unlicensed copyright material. These requests should only be submitted by the copyright owner or an agent who is authorised to act on the owner’s behalf. If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Under no circumstance should you make any claim which is not founded. Misuse of this process may result in the suspension of your account or other legal consequences.
  • Privacy
    • We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using the Marketplace, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use the Marketplace.
  • Links
    • We may link to third party websites or services from the Marketplace. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse them. We are also not responsible to you in relation to any losses or harm caused by such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
  • General
    • We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
    • These terms set out the entire agreement between you and us concerning the Marketplace and they replace all earlier agreements and understandings between you and us.
    • If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
    • Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
  • Complaints and dispute resolution
    • Most concerns can be solved quickly by contacting us at via the app or by email on support@trender.me.uk.
    • In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.
  • Apple Mandatory Terms. By downloading the Trender app from the Apple iTunes Marketplace Store, the following terms also apply to you:
    • Acknowledgement: Both of us acknowledge this constitutes an agreement between you and us only, and not with Apple, and we, not Apple, are solely responsible for the Marketplace and the content thereof.
    • Scope of Licence: This Licence granted to you for the Marketplace is limited to a non- transferable license to use the Marketplace on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the Marketplace Store Terms and Conditions (the “Usage Rules”).
    • Maintenance and Support: We, not Apple, are solely responsible for providing any maintenance and support services with respect to the Marketplace, as specified in these Terms. We and you both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Marketplace.
    • Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the Marketplace to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price for the Marketplace to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Marketplace, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
    • Product Claims: We and you acknowledge that We, not Apple, are responsible for addressing any claims by you or any third-party relating to the Marketplace or your use or possession of the Marketplace, including, but not limited to: (i) product liability claims; (ii) any claim that the Marketplace fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • Intellectual Property Rights: You and We acknowledge that, in the event of any third-party claim that the Marketplace or your possession and use of the Marketplace infringes that third-party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
    • Legal Compliance and Export: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
  • Questions about these terms
    • If you have any questions about these terms or the Marketplace you may contact us via the app or by email on support@trender.me.uk.

Trender Acceptable Use Policy

You agree that you will not:

  • use the Marketplace to harm anyone or to cause offence to or harass any person;
  • use another person or entity's email address in order to sign up to use the Marketplace;
  • use the Marketplace for fraudulent or abusive purposes (including, without limitation, by using the Marketplace to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Marketplace);
  • use the Marketplace for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
  • remove or amend any proprietary notices or other ownership information from the Marketplace;
  • interfere with or disrupt the Marketplace or servers or networks that provide the Marketplace;
  • except as permitted by law, attempt to decompile, reverse engineer, disassemble or hack any of the Marketplace, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
  • ‘spider’, 'harvest', 'scrape' or collect any information about or regarding other people that use the Marketplace, including, but not limited to any personal data or information (including by uploading anything that collects information such as 'spyware');
  • disrupt the normal operation of the Marketplace or do anything which is likely to have a negative effect on other users' ability to use the Marketplace;
  • disobey any requirements or regulations of mobile networks connected to the Marketplace;
  • use the Marketplace in violation of any applicable law or regulatory requirement;
  • attempt to get around technological measures designed to control access to, or elements of, the Marketplace;
  • Claim that you are associated with or endorsed by Trender unless you have entered into a written agreement with Trender to that effect;
  • Republish in bulk any information derived from use of Trender;
  • “White-label” or otherwise hold yourself out as the originating provider of Trender or any material or processes contained in it;
  • Tamper with, disable or override (or attempt to do any of those things) any security component or process of Trender;
  • Use any technical or other means or process means to “mirror”, “frame”, “scrape,” “crawl” or “spider” any web pages or other services contained in the Trender service;
  • Attempt to or actually access the Trender promotion and booking services by any means other than through the Marketplace. An example of such other means is attempting to access Trender via software-as-a-service platforms that aggregate access to multiple services, which include Trender; or
  • use the Marketplace in any other way not permitted by these terms.

TRENDER PROMOTER MEMBER TERMS OF BUSINESS

Trender is a service enabling you to find customers to whom you can provide promotional services in respect of their goods and services. This TRENDER PROMOTER AGREEMENT governs your participation in the Trender promotion facilitation service. It is binding on us both and describes the requirements and restrictions applicable to you as a participant in the Trender promotion facilitation service.

To become a member of Trender you must be 18 years old or over.

By registering for Trender you agree to be bound by our membership terms and conditions. Please read these terms and conditions (the "Terms" or the "Contract") below. UNDER THE TRENDER SERVICE, YOU DO NOT PROVIDE PROMOTIONAL SERVICES TO TRENDER. YOU PROVIDE THEM TO THE COMPANIES REGISTERED ON TRENDER WHO WISH TO FIND PEOPLE TO PROMOTE THEIR GOODS AND SERVICES. TRENDER’S ROLE IS THAT OF INTRODUCER AND PAYMENT AGENT.

Please read these Terms carefully. Of special importance is the requirement for you to disclose in your promotional messages the fact that they are advertising or sponsored content as required by law and the CAP Code (see clause 7). Your attention is drawn in particular to clause 9(which obliges you to reimburse us for all losses relating to breaches of these Terms), clause 12 (obliging you to maintain the confidentiality of the level of Commission paid), clause 15(which contains restrictions on our liability to you) and clause 16(which states that neither of us relies on statements made to the other in relation to Trender before registration). Please also note that when you create a promoter profile on Trender, that profile will be visible by all users of the Trender app (including all the other individual promoters).

Trender is operated by TRENDER LIMITED incorporated and registered in England and Wales with company number 09419347, whose registered office is at at 6 Minories, Fenchurch Street, London, UK, EC3N 1BJ (“Trender”, “us”, “our” or “we”).

AGREED TERMS

  • Status of these Terms
    • If applicable laws or regulations require it, or the functions or features of Trender change, we may need to change these Terms or our program features from time to time. You should review the Terms regularly they are available to see on the app. Your continued use of Trender following the posting of such changes will constitute your agreement to all such changes. If at any time you do not agree with these Terms, or you do not agree to any modified Terms, then you must immediately stop using your Promoter Profile.
    • In the event of a conflict between these Terms and the terms of a Proposal, these Terms shall take precedence.
    • Your attention is drawn particularly to clause 15of these Terms which sets out important limitations of our liability to you.
    • Trender’s role is that of your agent in respect of promotion and payment collection. We are neither the buyer nor the seller of the promotional services you are offering through Trender. You are the seller of the promotional services. The Brand is the buyer of the promotional services. The contract for the promotional services is solely between you and the Brand.
  • Definitions.
    • Brand: means any person purchasing Promotions from you.
    • Commission: means 33% of the Price charged to Brands in respect of any and all Promotions. Commission is exclusive of any applicable VAT. You acknowledge that the level of Commission is confidential information and must be treated by you as such in accordance with clause 14below.
    • Price: means the price for the Promotion suggested by Trender formulated from an algorithm based on your profile; or such other price as may be negotiated between you and Brand.
    • Promoter Profile: has the meaning given in clause 3.
    • Promotion: means any social media activity which you agree via Trender to provide to any Brand.
    • Proposal: means a proposal for Promotion submitted by you or a Brand via Trender.
    • Trender: means the Trender app made available by Trender for download from app stores;
    • Trender Website: means the Trender Website currently made available at tender.me.uk;
  • Promoter Profile.
    • Before you can charge Brands for Promotion you will need to set up a Promoter profile on the Trender Website ("Promoter Profile"). We may at our absolute discretion accept or reject any application to register a Promoter Profile.
    • Your Promoter Profile should contain the following information: What social media platforms you are on, the quantity of likes/followers on each social media platform, your location, occupation, occupation location, gender, age and hobbies.
    • You warrant accuracy of all information in your Promoter Profile.
    • You cannot have more than one Promoter Profile.
    • You cannot create a Promoter Profile in a name other than your own.
    • Promptly following registration you agree to publish a message on each social media platform on which you offer Promotions, reading as follows and containing a link to Trender on: “I’ve joined Trender app today! Looking forward to easy money!!”
    • You are responsible for maintaining the confidentiality of your Promoter Profile password, and are responsible for all activities that occur under the account. You agree to immediately notify Trender of any unauthorised use of your password or Promoter Profile or any other breach of security related to the Trender Website.
    • Trender is not and will not be liable for any loss or damage arising from your failure to manage your Promoter Profile, including without limitation to regularly review the accuracy of your Promoter Profile.
    • We do not guarantee that you Promoter Profile will be maintained for any minimum period of time, and may terminate, remove or disable it (or any Proposal) at any time without notice for any reason.
    • You represent that you are of legal age (18) to form a binding contract and have full power, capacity and authority to lawfully accept these Terms and offer Promotion.
    • You must not at any time use your Promoter Profile, the Trender Website or the Trender App for the purposes of:
      • attempting to test or get around the security or configuration of the Trender Website or the Trender App or to breach our security or authentication measures;
      • submitting any purposely inaccurate information, committing fraud or falsifying information;
      • attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorised to access;
      • interfering with the proper functioning of the Trender Website or the Trender App or any part of them;
      • reselling or repurposing your access to your Promoter Profile;
      • using in relation to the Trender Website or the Trender App any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
      • not adhering to any robot exclusion headers on Trender Website or the Trender App.
  • Working with Trender.
    • In consideration of payment by you of the Commission and you performing all your other obligations herein and subject to these Terms, Trender shall provide you with:
      • the means to agree Promotions with Brands;
      • payment collection services in respect of the Price of the Promotion.
    • You must agree Promotions through your Promoter Profile, unless we agree with you a specific alternative arrangement.
    • In agreeing a Proposal you acknowledge that you (not Trender) are the exclusive seller of your Promotion. You also are responsible to the Brand for carrying out the Promotion.
    • You are responsible for ensuring that all Promotions are in all respects legal, decent, honest, truthful, accurate, complete, and not misleading.
    • You are responsible for all your Promotions.
    • You may not include in any Promotion:
      • any material prohibited by applicable laws or regulatory requirements;
      • any material that infringes the intellectual property rights or other rights of any person; or
      • any material that is offensive, intimidatory, defamatory, obscene, blasphemous, profane or otherwise objectionable
      • any material that does not portray the Brand in a positive light.
    • You must not delete any post, tweet or other message or communication comprised in the Promotion for at least 7 days from the date on which it was activated on the social media network in question.
    • Trender may promote your Promoter Profile using the Trender App. We may promote you to Brands. The choice of Brand to whom we promote the Promoter Profile shall be at our sole discretion.
    • Although you are using Trender to collect payment from Brands on your behalf, nothing in these Terms shall prevent or limit you from remaining fully responsible and liable for your honouring the Promotion and your provision and supply of Promotions to Brands.
    • You must at all times use the Marketplace in accordance with the Acceptable Use Policy in clause 21.
    • Whilst you have a Promoter Profile on Trender, you may not offer or negotiate terms or payment from Brands you encounter via the Marketplace, by any means outside of the Marketplace. Any attempt to circumvent the Marketplace in this way may result in removal from the Marketplace at our sole discretion.
    • If necessary, a Brand may request that your Promotion or any part of it be removed from the social media network(s) on which it is executed. You agree to remove any such request is promptly actioned and in any event within 48 hours.
  • IMPORTANT – IF YOU ARE A CONSUMER
    • This clause 5only applies if you are a consumer.
    • We have a legal duty to supply the Services in conformity with these terms. We will not have conformed if we have not complied with clause cor dimmediately below.
    • The Services will be provided with reasonable skill and care.
    • In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services is a term of the our agreement (which we must comply with) if you take it into account when deciding to agree to these Terms, or when making any decision about the Services after agreeing to these Terms. Anything you take into account is subject to anything that qualified it and was said or written to you by us on the same occasion, and any change to it that has been expressly agreed between you and us (before agreeing to these Terms or later).
  • Promotion Obligations.
    • You must accept and honour all Proposals that have been accepted by you. If you fail to do so, you shall be considered to be in material breach of these Terms and may not be entitled to any payments due to you in respect of the Promotion.
    • Once a Proposal has been accepted by you (or, if you have proposed the Proposal, the Brand has accepted it), you shall carry out the Promotion as specified in the Proposal during the time period specified on, pursuant to the terms of, the Proposal, and as required under applicable law.
    • You shall be directly responsible to the Brand for any failure to fulfil the Proposal or for any other legal liability which arises in respect of the Proposal or the Promotion, except where such liability arises as a result of Trender’s negligence.
    • Trender shall refer to you any Brand complaints it receives in respect of the Proposal, and you shall acknowledge all complaints, and shall respond to the relevant Brand promptly of your receipt of a complaint from either Brand or Trender.
    • You must not, within 28 days of fulfilling a Promotion for a particular Brand, engage in any paid promotion via social media networks of any goods or services which directly compete with the goods or services which were the subject of that Promotion.
    • You must within 24 hours remove any social media network activity comprised in the Promotion if requested to do so by the Brand.
  • Disclosure Obligation - IMPORTANT
    • You must clearly disclose in all of your Promotion activity (including posts, tweets and any other social media activity) the fact that there is a commercial relationship between you and the Brand. We require that disclosure be made in a meaningful way that makes clear to an ordinary consumer that there is a commercial relationship between you and the Brand.
    • In particular, you must mark each item comprised in the Promotion as one which has been posted or submitted further to a commercial relationship. Items must be marked “advertisement feature”, for example, or a “promotion” or “sponsored post”. You will at all times comply with the requirements of and guidance issued under the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) in relation to marking of advertisements.
    • We reserve the right to review and monitor how you are complying with this requirement of disclosure. In the event that we detect that you are not in compliance with this requirement of disclosure, will result in our being entitled to immediately terminate your access to the Marketplace.
  • Intellectual Property Rights.
    • You hereby grant Trender a non-exclusive, worldwide, transferable, irrevocable, perpetual and sub-licensable licence to use, copy, distribute, display and perform any trade marks, photographs, graphics, artwork, videos, sound clips, text, and other content or materials that you include in your Promotions or your Promoter Profile.
    • You acknowledge that Trender (or its licensors) is the owner of all intellectual property rights (including database right) in the Trender App and the Trender Website. The word ‘Trender’ and the Trender logo are trade marks of Trender Ltd. You may not make use of either in the course of trade outside the context of Trender without Trender’s written consent.
    • Trender grants you limited non-transferrable licence to each participant to make personal use only of the Trender Website and the Trender App in accordance with these Terms. This licence expressly excludes, without limitation: any resale or commercial use of the Trender Website or the Trender App or the promotion and payment collection services Trender provides; modifying, distributing, copying, republishing or making any derivative work of the Trender Website or the Trender App; or any data extraction or data mining whatsoever from the Trender Website or the Trender App.
    • If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
  • Indemnity
    • You hereby agree to indemnify, keep indemnified and hold harmless Trender and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), and expenses associated therewith (including the payment of reasonable legal charges and disbursements) arising out of or in connection with any breach by you of any term of theseTerms or arising out of any action brought by any third party relating to the Promotion provided (or not provided), or actions (or failure to act), of you or any person (other than Trender) acting on your behalf.
    • This clause9 shall survive the termination of theseTerms.
  • Commission and Payment
    • Settlement by you of the Commission due to Trender will be made by way of retention by Trender of the applicable amount prior to onward remittance to you of the balance of the amount received from the Brand, once such balance exceeds £20. Onward remittance of amounts due to you will be strictly subject to you having fulfilled the Promotion. Unless otherwise agreed in any Proposal or in writing, remittancewill be within 14 days of the completion of the Promotion.
    • Trender will only pay onward remittance amounts to you and cannot make payments to any third party.
    • All VAT and any other taxes associated with the Proposal (if applicable) will be paid by the Brand and it is your responsibility to determine, collect and remit the applicable VAT and any other taxes associated with the receipt of charges by you under a Proposal.
    • Trender takes reasonable care to ensure that its payment facilities are available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such payment facilities, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of our control, such as delays in the banking system or in card networks. Access to the payment facilities may be occasionally restricted to allow for fixing any problems, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any interruptions we have advance notice of in relation to such payment facility and will do what we can to restore the facility as soon as reasonably possible.
    • You may only transfer out funds from Trender once you have accrued £20 (net of Commission) in respect of your Promotions. If you have less than £20 and wish to terminate your account we will not pay this. Any unused balance cannot be transferred to another Trender account and will expire in 10 yearsfrom the date of your last receipt of sums net of Commission.
    • Trender is not responsible for any additional fees you may incur in conducting Promotions, or in receiving payment via your Trender account. You are solely responsible for any additional taxes or third party fees (including, but not limited to, all third party license and service fees) incurred as a result of or in connection with the use of Trender and any Promotion undertaken by you.
  • Term and Termination.
    • These Terms are effective on the earlier of the date on which you first create your Promoter Profile, accept these Terms, or submit or accept a Proposal. These Terms will remain in effect through the expiration of all Proposals or such earlier date as all Promotions are carried out, unless otherwise earlier terminated in accordance with the remainder of this clause11.
    • n. We may do so or immediately if: Trender may terminate these Terms and suspend your access to the Promoter Profile with 14 days advance written notice for any reason. In addition, Trender may terminate these Terms and suspend your access to the Promoter Profile immediately if:
      • you fail to fulfil your Promotion obligations under an accepted Proposal for any reason,;
      • you commit a material breach of any of the material terms of these Terms; or
      • you engage in conduct, which in Trender’s sole discretion, is unfair, misleading, deceptive or otherwise in bad faith.
    • On termination of our agreement under these Terms, we willforward to youin full sums paid to Trender on your behalf from Brands.
  • Mutual Warranties.
    • Each Party represents and warrants to the other that: (a) it has the power and authority to enter into the Agreement and perform its obligations under these Terms; and (b) it shall comply with all laws, regulations and codes of practice applicable to its obligations under the Agreement.
  • No Further Warranties.
    • Except as expressly set forth in these Terms, Trender does not make any representations or warranties in relation to the services Trender provides to you, or the Trender Website or the Trender App, express or implied, including without limitation any implied warranty of quality or fitness for a particular purpose. Trender does not warrant or guarantee that you will receive any Proposals.
    • Trender makes no representations or warranty regarding the Trender site, the Trender App, or any promotion or redemption method used or provided by Trender and/or the accuracy, adequacy, reliability, availability, timeliness, completeness, suitability or other characteristics of the information and materials contained on or presented therein. The Trender site, the App and other promotion, distribution or redemption methods used or provided by token and all related information and materials are provided "as is", without any warranty of any kind, and on an "as available" basis.
    • If you are a consumer, nothing in this section 13 affects your statutory rights.
  • Confidential Information.
    • You agree that the percentage of Commission retained by Trender from you is confidential to Trender, and you shall not disclose it to any third party except as required by law.
  • LIMITATION OF TRENDER’S LIABILITY.
    • IF YOU ARE A CONSUMER, NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS.
    • If you are a consumer, we do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both you and us at the time when you accepted these Terms, or (ii) loss which relates to your business, trade, craft or profession to the extent that it would not be suffered by a buyer who is a consumer. This is because we believe that you are not buying the Services wholly or mainly for the purposes of your business, trade, craft or profession.
    • Nothing in these Terms limits or excludes our liability for:
      • death or personal injury caused by its negligence;
      • fraud or fraudulent misrepresentation; or
      • any other liability which cannot be limited or excluded by applicable law.
    • The remainder of this clause 15 applies only to business users.
    • Subject to sub-clausec. above, Trender shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
      • Loss of profits;
      • loss of sales or business;
      • loss of agreements or contracts;
      • loss of or damage to goodwill;
      • loss of use or corruption of software, data or information;
      • any indirect or consequential loss.
    • Subject to sub-clauses 15.c and e. above, Trender’s total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms shall be limited to, in respect of all claims (connected or unconnected) in any consecutive 12 (twelve) month period, the equivalent of the total Commission paid by you to us in that period.
  • No Reliance on Statements
    • Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
  • Miscellaneous
    • No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    • Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
    • If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
    • If one party gives notice to the other of the possibility that any provision or part-provision of these Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
    • These Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    • Nothing in this clause shall limit or exclude any liability for fraud.
    • No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
    • These Termsand any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    • We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
    • If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
    • Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
  • Complaints and dispute resolution
    • Most concerns can be solved quickly by contacting us via the app.
    • In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.
    • Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
  • Apple Mandatory Terms. By downloading the Trender app from the Apple iTunes Marketplace Store, the following terms also apply to you:
    • Acknowledgement: Both of us acknowledge this constitutes an agreement between you and us only, and not with Apple, and we, not Apple, are solely responsible for the Marketplace and the content thereof.
    • Scope of Licence: This Licence granted to you for the Marketplace is limited to a non- transferable license to use the Marketplace on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the Marketplace Store Terms and Conditions (the “Usage Rules”).
    • Maintenance and Support: We, not Apple, are solely responsible for providing any maintenance and support services with respect to the Marketplace, as specified in this Agreement. We and you both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Marketplace.
    • Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the Marketplace to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price for the Marketplace to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Marketplace, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
    • Product Claims: We and you acknowledge that We, not Apple, are responsible for addressing any claims by you or any third-party relating to the Marketplace or your use or possession of the Marketplace, including, but not limited to: (i) product liability claims; (ii) any claim that the Marketplace fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • Intellectual Property Rights: You and We acknowledge that, in the event of any third-party claim that the Marketplace or your possession and use of the Marketplace infringes that third-party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
    • Legal Compliance and Export: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
  • Questions about these terms
    • If you have any questions about these terms or the Marketplace you may contact us via the app.
  • Acceptable Use Policy

    You shall not:

    • use the Marketplace to harm anyone or to cause offence to or harass any person;
    • use another person or entity's email address in order to sign up to use the Marketplace;
    • use the Marketplace for fraudulent or abusive purposes (including, without limitation, by using the Marketplace to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Marketplace);
    • use the Marketplace for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
    • remove or amend any proprietary notices or other ownership information from the Marketplace;
    • interfere with or disrupt the Marketplace or servers or networks that provide the Marketplace;
    • except as permitted by law, attempt to decompile, reverse engineer, disassemble or hack any of the Marketplace, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
    • ‘spider’, 'harvest', 'scrape' or collect any information about or regarding other people that use the Marketplace, including, but not limited to any personal data or information (including by uploading anything that collects information such as 'spyware');
    • disrupt the normal operation of the Marketplace or do anything which is likely to have a negative effect on other users' ability to use the Marketplace;
    • disobey any requirements or regulations of mobile networks connected to the Marketplace;
    • use the Marketplace in violation of any applicable law or regulatory requirement;
    • attempt to get around technological measures designed to control access to, or elements of, the Marketplace;
    • Claim that you are associated with or endorsed by Trender unless you have entered into a written agreement with Trender to that effect;
    • Republish in bulk any information derived from use of Trender;
    • “White-label” or otherwise hold yourself out as the originating provider of Trender or any material or processes contained in it;
    • Tamper with, disable or override (or attempt to do any of those things) any security component or process of Trender;
    • Use the Marketplace to discriminate against any group based on age, religion, race, nationality, ethnic origin, disability, gender.
    • Use any technical or other means or process means to “mirror”, “frame”, “scrape,” “crawl” or “spider” any web pages or other services contained in the Trender service;
    • Attempt to or actually access the Trender promotion and booking services by any means other than through the Marketplace. An example of such other means is attempting to access Trender via software-as-a-service platforms that aggregate access to multiple services, which include Trender; or
    • use the Marketplace in any other way not permitted by these terms.