Welcome to Spread-it Limited
These Terms govern your rights and obligations (whether as a guest or a registered user) regarding the access and/or use of Spread-it' website, mobile application or any Internet service (including any associated software supplied by Spread-it) (collectively referred to as "Platform") under Spread-it's control or ownership. These Terms constitute a legally binding agreement between Spread-it Limited (including all its subsidiaries, related and/or associated companies) (these entities are collectively referred to as "Spread-it", "we", "us" or "our"), the proprietor of all rights in and to the Platform and/or Service, and you, the user of the Platform and/or Service.
1. Definitions and Interpretation
1.1 In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
"App" shall mean Spread-it, the software provided by Spread-it Limited, supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services.
"Brands" shall mean a company/brand who has signed up to our services, can purchase a marketing package.
"Spreadians" shall mean a user who has signed up to our services, passed the basic requirements set forth by Spread-it to prove his or her ability to provide services to Spread-it’s clients and generate content for Spread-it’s clients.
"Hong Kong" shall mean Hong Kong Special Administrative Region of the People's Republic of China.
1.2 Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
1.3 A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
2. License of App
2.1 Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable licence to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
2.2 Your use of Spread-it grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
2.3 You must not
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
4.1 At Spread-it we believe that consumers always come first with sponsored posts. Therefore both Brands and Spreadians need to ensure that no campaign or post is false or misleading.
4.2 Spread-it mandates that users comply with the Trade Descriptions Ordinance, Chapter 362, Laws of Hong Kong and all applicable laws and regulations, including but not limited to the Trade Descriptions Ordinance.
5. Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or have a registered account with Spread-it. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
6. Your Responsibility
6.1 You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Service will be able to be viewed by other users and others that you may share it with. You should only provide Content that you are comfortable sharing with others under these Terms.
6.2 You may use the Services only if you can form a binding contract with Spread-it and are not a person barred from receiving services under the laws of Hong Kong or other applicable jurisdiction. You agree that you are at least 16 years old. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
6.3 The Services that Spread-it provides are always evolving and the form and nature of the Services that Spread-it provides may change from time to time without prior notice to you. In addition, Spread-it may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
7.1 Participating Brands create and launch campaign invites ("Campaigns") which are displayed in the Spread-it mobile application. Spreadians who have downloaded the Spread-it mobile application have the opportunity to receive compensation in exchange for creating and/or distributing sponsored social content and/or performing an action through their social network.
7.2 All Campaigns accepted by the Spreadians must comply with the requirements set forth by the Brand (herein referred to as the "Requirements") in the Campaign. Each Campaign listing should contain a complete and final description of the requirements.
7.3 Unless the Campaign is for a Cause or Charity (in which case the Spreadian can ‘donate’ a post) the Spreadian’s create content in accordance with the Campaign requirements and Spread-it will be providing the corresponding reward as depicted specifically at each Campaign.
8. Terms for Spreadians
Any person over the age of 15 years may register for an Account, but in order to receive an invite, have submissions to Campaigns approved, and earn compensation via the Spread-it Marketplace, Spreadians must meet the following minimum standards:
9. Terms for Brands
To start a campaign, you must contact our Business Development staff and describe the details of the campaign.
10. Approvals Relating to Payment to the Spreadian
Final approval and payment to the Spreadian will occur if the post is active 10 days after the end date of the campaign and remains unaltered from the original approved submission. Spread-it will automatically check for active posts and make payments to the Spreadian on behalf of the Brand.
If Spread-it fails to locate required the required elements, images, tags, location description, required destination links, time of post and disclosure, no payment will be made to the Spreadian.
12. Log-in and Passwords
12.1 You agree that you shall take all steps necessary to protect your login details (username and password) for the Service and keep them secret. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.
12.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases or sales) and agree to fully compensate us for any losses or harm that may result.
12.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
13. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not be able to monitor or control every piece of Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We cannot and do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Spread-it be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. Spread-it will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the intellectual and property rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
14. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Spread-it a worldwide, non-exclusive, royalty-free license to use, process, transmit, and distribute such Content in association with the marketing and promotion of the Spread-it Services. We will never license or sublicense your work without your express permission.
15. Your License To Use the Services
Spread-it gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Spread-it as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Spread-it, in the manner permitted by these Terms.
16. Disclaimer and Exclusion of Liability
You acknowledge that:
16.1 - In accessing the Services, you have relied on your own skill and judgment in the use in determining its sufficiency for the use and results which you intend.
16.2 - No promise, representation or warranty has been made by Spread-it in respect of the profitability, benefits or any other consequence in the use of the Site, or in respect of the suitability of the Site to the operations, business or needs of.
16.3 - The Services are provided "as is," and Spread-it hereby expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory. Spread-it does not warrant or represent that the Site will be free from bugs or that the use of Site will be uninterrupted or error free, and Spread-it does not make any other representations regarding the use, or the results of use, of the Site in terms of accuracy, reliability, or otherwise.
16.4 - Spread-it shall not be liable for any loss of use or goodwill, interruption of business, loss or inaccuracy of business information or data, lost profits, cost of procurement of substitute services, or any indirect, special, incidental, exemplary, or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages.
16.5 In no event shall Spread-it, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees be liable to any User of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Site or any information or images contained thereon or stored or maintained by Spread-it , whether based on warranty, contract, tort, or otherwise, even if Spread-it has been advised of or should have known of the possibility of such damages or losses.
16.6 - In no event shall the total liability of Spread-it, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, for all damages, losses, and causes of action resulting from User’s use of the Site, whether in contract, tort (including, but not limited to negligence) or otherwise, exceed the amount paid to Spread-it for the applicable license. Without limiting the foregoing, in no event shall Spread-it, its divisions, agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any image or data or information contained in a User Account or otherwise stored by or on behalf of Spread-it.
17. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Hong Kong. Both you and us agree to submit to the exclusive jurisdiction of the courts of Hong Kong as regards any dispute or matter arising under these Terms.
Our Commitment to Your Privacy
The Spread-it website and services are owned and operated by Spread-it Limited. (“Spread-it,” “we,” “our,” or “us”). At Spread-it, we understand that you value your privacy, and we want to help make your experience with our site and services (referred to in this policy collectively as our “Services”) satisfying and safe. This policy describes our collection of information, including personal information, in connection with our Services, and explains how we use and disclose this information.
“Personal information,” as used in this policy, is information that may be used to identify an individual, such as a person’s name, email address, or credit card number.
How We Collect Personal Information
We collect personal information in the course of providing our Services to you, including through your voluntary, optional submissions, such as information that you provide to us at the time of registering for our Services, or through your use of our Services. When you register with us for an account, we may collect information such as your name and email address. You may also provide personal information to us in other ways, such as by requesting user support.
We may receive personal information from third parties about their users, and may combine this information with other personal information we maintain about you. If we do so, this policy also governs the combined information.
How We Use Personal Information
We use personal information we collect to provide, improve, and develop our Services, to tailor your user experience, to respond to your inquiries or requests, to prevent or investigate fraudulent or inappropriate usage of our Services, for research and development, to analyze trends, and for the other purposes described in this policy.
In addition, we may use your email address to deliver product information and marketing messages. You may opt-out from receiving these marketing messages by following the instructions provided in the messages to unsubscribe from email communication or by emailing the address provided at the end of this policy.
How We Share Personal Information
We may also provide personal information to our subsidiaries, affiliated companies, and other trusted businesses or persons for the purpose of providing our Services and for our other purposes described in this policy. We limit the personal information shared with these third parties to that which is necessary to carry out those functions.
We may share personal information with third parties (including regulatory or law enforcement authorities) in order to carry out a user’s request or if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others.
If you post any of your information to a public area of our Services, please be aware that it is no longer “personal information” for the purposes of this policy, and we or anyone else may use such information without restriction. If you provide access to personal or other information , including your email address or name, to a limited set of other users through any of our privacy controls or other settings, please understand that Spread-it has no control over how others may collect, use, or disclose such information.
Non-Personal Information We Collect, and How We Use It
We may also collect information that is not personally identifiable, and may aggregate personal information or otherwise render it anonymous (that is, non-personally identifiable). We may use non-personally identifiable information we collect to provide, improve, and develop our Services and otherwise to tailor your user experience, to prevent or investigate fraudulent or inappropriate usage of our Services, for research and development, and for the other purposes described in this policy. We may use this anonymous information for various purposes and may share it with third parties. Below are some examples of the types of non-personal information we collect and some specific examples of how we use this information:
· Usage tracking. We may collect non-personal information from your use of our Services. For example, we may collect information about user traffic and usage patterns throughout our site, and similar information regarding the use of our Services. We may also track click-through information, such as IP addresses, from the messages we send to our users. We use the information we collect in these manners to, for example, improve our Services, to develop new products and services, to gauge the effectiveness of our marketing campaigns, to discourage and address abusive and fraudulent use of our Services, and to help our users with troubleshooting issues.
If we directly combine any non-personal information gathered through passive means with personal information, we treat the combined information as personal information under this policy. Otherwise, we use information collected by passive means in aggregated or other non-personally identifiable forms.
Our Commitment to Data Security
In an effort to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Please be aware, however, that no data transmissions over the Internet or other networks can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security or integrity of any information you transmit to us. You transmit information to us at your own risk. Once we receive personal information, we make reasonable efforts to protect it from unauthorized access, disclosure, alteration, or destruction. But we cannot represent or guarantee that personal information will not be accessed, disclosed, altered, or destroyed.
If Spread-it learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. Spread-it may post a notice through the Services if a security breach occurs. If this happens, you will need a web browser enabling you to access the Services. Spread-it may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Third-Party Sites and Services
Our Services may contain links to and interoperate with third-party sites and services. Any links to or interoperability with third-party sites or services are provided for your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties. Any personal information that you provide to any other third party is subject to that third party’s privacy practices and policies, not this policy. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.
Information about our users, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which personal information would be transferred as one of our business assets.
The Services are hosted in and provided from Hong Kong. If you use our Services from other regions with laws governing data collection and use that may differ from Hong Kong. law, please note that you are transferring your personal data to Hong Kong. By providing your personal information, you consent to the transfer of your personal data to the Hong Kong and the use of your personal information, in accordance with this policy.
Information Retention and Disposal
We may retain personal information for as long as we have a business need for it or as applicable laws or regulations or government orders require us to retain it. Additionally, the Service may enable you (or other users) to save information including information that you have made public or allowed certain users to access or see.
In accordance with the Hong Kong Personal Data (Privacy) Ordinance, we reserve the right to charge you a reasonable fee for the processing of any data access or correction request.
Changes and Updates
We may occasionally update this policy. When we do, we will also revise the “last updated” date at the top of this policy. We encourage you to review this policy periodically to stay informed about our collection, use, and disclosure of personal information.
How to Contact Us
Tins Enterprises Centre,
777 Lai Chi Kok Road,
Kowloon, Hong Kong