THE VELLO SERVICE
These Terms govern the supply within Australia by Vello Influencers Pty Ltd (ACN 634 424 365) (Vello) to you of social media interaction arrangement and related services (the Service).
Your use of the Service constitutes your agreement that you are bound by these Terms. If you do not agree, you may not use the Service. Vello may amend or terminate these Terms or the Service at any time and for any reason.
Vello does not provide social media interactions or communications. All social media interactions and communications are provided by independent contractors (Influencers), who are not agents of or employed by Vello.
The Service is a technology platform that enables users of Vello’s App, through mobile devices, to have interactions and communications with Influencers, and includes related services such as use of the App, payment facilitation, associated content and other products and services Vello makes available to users.
App Licence – Vello grants you a limited, non-exclusive, revocable, non-transferrable license to access and use the App and materials we provide solely in connection with your use of the Service, and in accordance with these Terms. You may not without Vello’s permission: modify or copy the App or Vello materials; use the App or materials for any commercial purpose or public display; attempt to decompile or reverse engineer any software contained on the App; or replicate the App or materials on a server.
Consumer guarantees – we provide the Service subject to consumer guarantees under the Competition and Consumer Act 2010 (Cth). Nothing in these Terms affects your statutory rights. We make no express warranties beyond these consumer guarantees. To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using the Service is limited to us re-supplying the Service to you or refunding the Charges you have paid us for the Service to which your claim relates.
Disputes – you may raise a dispute with Vello about any aspect of the Service or interactions exchanged in through the Service, by following the process on the App.
USE OF THE SERVICE
User Accounts – In order to use the Service you must subscribe to and maintain an active personal user Service account (Account). You may only obtain an Account if you are at least 18 years of age, or under 18 years of age who is a dependent of an Account holder and if you agree to be bound by the specific subscription terms of the Influencer you subscribe to. You may not authorize non-dependent third parties to use your Account and you should keep you Account information and password secure and not share with another user. You may not transfer your Account to any other person or entity. An invalid or expired payment method on your Account may prevent you using the Service.
User Requirements – you may only use the Service to interact and communicate with the Influencer/s you are subscribed to. You must not upload, transmit or cause to be sent to an Influencer or any other user, any content or material that is unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material. You must also not upload, transmit or cause to be sent any content that is in any way false, fraudulent or misleading or that would give rise to criminal or civil liability.
By creating an Account, you agree that the Service may send you notifications and informational text (SMS) messages or emails as part of the normal operation of the Service.
Device and network usage – Vello does not guarantee that the Service will function on any particular hardware or devices. The Service relies on your device and its network access and may be subject to limitations and delays inherent in the use of devices and electronic communications. Your mobile network’s data and messaging fees apply.
Breach and termination – If you use or attempt to use the Service in breach of any Term, Vello may charge you a cancellation or breach charge as notified on the App (or Website), and may terminate your Account.
Spam – Vello does not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Vello’s systems, such as by sending unsolicited commercial communications (spam) to Vello, an Influencer, another user or a third party.
Links – The App and Website may contain links to third party sites. Vello has not reviewed all of the sites linked and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Vello of the site. Use of any such linked website is at the user’s own risk.
SUBSCRIPTION, CHARGES AND PAYMENT
Use of the Service can only occur once you have subscribed for the provision of Services by a particular Influencer. Subscription to the Service will result in charges to you for interactions and communications with the Influencer as well as other social media services, as notified to you on the App or at the time of such interactions or communications (Charges). Vello will facilitate your payment of the applicable Charges to the Influencer depending on the subscription level and which Influencer you have subscribed to. Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Vello.
Charges are due at the time you use the Service and will then continue depending on your subscription level and the Influencer you have subscribed to. Payment will be facilitated by Vello using Stripe, or any other platform or payment method specified by Vello from time to time. Once the Charges have been processed, Vello will send you a receipt by email. You may cancel your subscription to an Influencer at any time and will not be charged a cancellation fee.
You agree that Vello may charge all such Charges to your Account without need to notify you or obtain your consent.
You should carefully check the currency of any fees, costs, expenses or other amounts on the App, as unless expressly stipulated otherwise, a reference to $ or dollars will be in Australian currency. When calculating fees, costs, expenses or other amount on or in connection with App, Vello reserves the right to take into account and charge you any currency conversion fees and any relevant foreign taxes and other fees.
No guarantee – Vello does not warrant or provide any guarantees in relation to the use of the Service, the reliability of information provided to you through the App, nor the availability or functionality of the App. Vello has policies as notified from time to time on the Vello Website and App designed to promote the provision of quality, tailored and appropriate content by Influencers, but Vello does not guarantee the quality, appropriateness or lawfulness of social media services. You accept the risks arising out of your use of the Service and in the nature of social media services to the maximum extent permitted by law.
Security – The transmission of data over the internet through mobile and handheld devices is not always secure. Although Vello endeavours to secure our App and Website, it is not liable for any breaches of security and you use the Vello App and Website entirely at your own risk. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Limitation of liability – You agree that Vello is not liable for: delay or inability to provide the Service due to events beyond our control; the content and posts of Influencers; the actions or inactions of Influencers; consequential loss caused by our breach of these Terms that does not arise in the natural and ordinary course of events; or loss which exceeds $2,000.
Indemnity – You are liable for and agree to indemnify Vello against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from: any information that you have provided to us being inaccurate, misleading or incomplete; your breach of any law; your breach of these Terms; or a misuse of the Service by you.
Severability – If any part of these Terms is determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these Terms shall continue in full force and effect.
Governing Law – These Terms are governed by and construed in accordance with the laws of Victoria, Australia, as well as the laws of other countries that are, or may be, of potential relevance, and you accept the exclusive jurisdiction of its courts and the Australian Centre for International Commercial Arbitration (AIACA).
International Arbitration – Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the AIACA Arbitration Rules. The number of arbitrators shall be one; the seat of arbitration shall be Melbourne, Australia. The language of arbitration shall be English. The parties consent to an appeal to the Supreme Court of Victoria on any question of law arising in the course of arbitration or out of an arbitration award.
English language – These Terms have been prepared and are to be read in English, and all correspondence, notices and communications made under or in connection with these Terms shall be in English.
Contact – If you have a query regarding these Terms or for further information on using the App or Website, please contact:
Telephone: +61 1800 732 673
Postal Address: HLB Mann Judd, Level 9, 575 Bourke Street, Melbourne VIC 3000