Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Get Louis Platform, you agree to comply with and be bound by these Terms.
You can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Get Louis is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
Last Updated: October 22, 2019
Thank you for using Get Louis!
When these Terms mention “Get Louis,” “we,” “us,” or “our,” it refers to Get Louis IVS (“Get Louis”), VAT: DK 39278723, Steenwinkelsvej 19, 1966 Frederiksberg C, Denmark.
Any and all payment processing services through or in connection with your use of the Get Louis Platform (“Payment Services“) are provided to you by a Get Louis Payments entities as set out in the Payments Terms of Service (“Payments Terms“).
Both Influencers and Companies are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Influencer Services and Campaigns. Including but not limited to Marketing Practices, Working Environment Acts, local laws and restrictions.
Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Campaign or Influencer Service(s) on Get Louis, you should always seek legal guidance.
Table of Contents
1. Scope of Get Louis Services
1.1 The Get Louis Platform is an online platform and marketplace. The Get Louis Platform enables visitors to search for Influencers or Campaigns from Companies, registered users (“Members”), as either “influencer” can offer and display their “Influencer Services” to Companies, or as “Company” to offer a “Campaign” to a matching Influencer or display them on “Marketplace”. Members can communicate and negotiate directly with each other through “Chat”.
The Get Louis Platform facilitates the agreements between the two parties, and handles the contact and payments process.
1.2 As the provider of the Get Louis Platform, Get Louis does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Campaigns or Influencer Services. Influencers alone are responsible for their Influencer Service, and Companies for their Campaigns. When Companies and Influencers make or accept a campaign, they are entering into a contract directly with each other. Get Louis is not and does not become a party to or other participant in any contractual relationship between Members, nor is Get Louis a management or marketing agency. Get Louis is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Get Louis has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any Campaigns or Influencer Services, the truth or accuracy of any Campaign descriptions, Profile, Chat messages, Ratings, Reviews, or other Member Content (as defined below), or the performance or conduct of any Member or third party. Get Louis does not endorse any Companies, Influencers, Campaigns or Influencer Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Get Louis about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to accept or offer a Campaign, use Influencer Services or accept a request from a Company, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Get Louis Platform as an Influencer (as defined below), your relationship with Get Louis is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Get Louis for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Get Louis.
Get Louis does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Influencer Services or Campaigns.
You acknowledge and agree that you have complete discretion whether to list Influencer Services or otherwise engage in other business or employment activities.
1.5 To promote the Get Louis Platform and to increase the exposure of Influencers Services or Campaigns to potential Members, Campaigns and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5.
1.6 The Get Louis Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Get Louis is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Get Louis of such Third-Party Services.
1.7 Get Louis is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Get Louis Platform. Get Louis may temporarily restrict the availability of the Get Louis Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Get Louis Platform. Section 12 (Liability) remains unaffected. Get Louis may improve, enhance and modify the Get Louis Platform and introduce new Get Louis Services from time to time. Get Louis will provide notice to Members of any changes to the Get Louis Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
2. Eligibility, Using the Get Louis Platform, Member Verification
2.1 In order to access and use the Get Louis Platform or register an Get Louis Account you must be an individual at least 16 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
2.3 Get Louis may make the access to and use of the Get Louis Platform, or certain areas or features of the Get Louis Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility, or a Member’s Campaigns and dispute history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, screen Members against third party databases or other sources and request reports from service providers.
2.5 The access to or use of certain areas and features of the Get Louis Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions,before you can access the relevant areas or features of the Get Louis Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Get Louis Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms
Get Louis reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Get Louis Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Get Louis Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“Get Louis Account”) to access and use certain features of the Get Louis Platform, such as using Chat, or publishing or accepting a Campaign. If you are registering an Get Louis Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Get Louis Account by using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your Get Louis Account and public Get Louis Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Get Louis Account unless Get Louis authorizes you to do so. You may not assign or otherwise transfer your Get Louis Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Get Louis Account credentials and may not disclose your credentials to any third party. You must immediately notify Get Louis if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Get Louis Account. You are liable for any and all activities conducted through your Get Louis Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 Get Louis may enable Members to create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Get Louis Platform (“Member Content“); and access and view Member Content and any content that Get Louis itself makes available on or through the Get Louis Platform, including proprietary Get Louis content and any content licensed or authorized for use by or through Get Louis from a third party (“Get Louis Content” and together with Member Content, “Collective Content“).
5.2 The Get Louis Platform, Get Louis Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Denmark, The European Union and other countries. You acknowledge and agree that the Get Louis Platform and Get Louis Content, including all associated intellectual property rights, are the exclusive property of Get Louis and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Get Louis Platform, Get Louis Content or Member Content.
Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Get Louis Platform, Get Louis Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Get Louis Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Get Louis or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Get Louis grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Get Louis Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Member Content that you make available on or through the Get Louis Platform. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all Member Content that you make available on or through the Get Louis Platform or you have all rights, licenses, consents and releases that are necessary to grant to Get Louis the rights in and to such Member Content, as contemplated under these Terms; and neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Get Louis’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, libelous, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person or animal; promotes illegal or harmful activities or substances; or violates Get Louis’s Content Policy or any other Get Louis policy. Get Louis may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Get Louis’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Get Louis, its Members, third parties, or property. Where Get Louis removes or disables Member Content, Get Louis will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
5.8 Get Louis respects copyright law and expects its Members to do the same. If you believe that any content on the Get Louis Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 Get Louis may charge fees to Companies (“Service Fees“) in consideration for the use of the Campaign function. More information about when Service Fees apply and how they are calculated can be found on our Payment Terms.
6.2 Get Louis does not charge any fees to Influencers for the use of the Get Louis Platform.
6.3 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Company Member prior to creating a Campaign. Get Louis reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.4 You are responsible for paying any Service Fees that you owe to Get Louis. The applicable Fees are due and payable and collected by Get Louis Payments pursuant to the Payments Terms. Get Louis Payments will deduct any Fees from the Influencer Payment before remitting the payout to the Influencer. Except as otherwise provided on the Get Louis Platform, Service Fees are non-refundable.
7. Terms specific for Influencers
7.1 General terms
7.1.1 You are solely responsible for accepting the price (including any Taxes if applicable) for a Campaign (“Influencer Payment”). Once you have accepted a request and price, you may not request that the Company pays a higher price than in the Campaign request.
7.1.2 Pictures, animations or videos (collectively, “Images“) used in your Profile must accurately reflect the quality and condition of your Influencer Services. Get Louis reserves the right to require that Profiles have a minimum number of Images, text and information of a certain format, size and resolution.
7.1.3 The placement and ranking of Influencers in search results on the Get Louis Platform may vary and depend on a variety of factors, such as search parameters and preferences, Company requirements, number and quality of Images, dispute history, Reviews and Ratings and type of Influencer Services.
7.1.4 Subject to meeting any requirements set by the Company, you can request a Campaign available on the Get Louis Platform by following the respective request process.
7.1.5 When you request or accept a Campaign request by a Company, you are entering into a legally binding agreement with the Company and are required to provide your Influencer Service(s) to the Company as described in the Campaign when the request or accept is made.
7.1.6 It is strictly prohibited to use the Get Louis Chat, or other tools available on the Get Louis Platform, to request that the Company make a Campaign, or other kind of collaboration or payment, outside of the Get Louis Platform.
7.2 Payout terms
7.2.1 You warrant that none of your Influencers service takes place in any UN embargoed countries. Get Louis may not guarantee any Payout if you or your Influencer services takes place in UN embargoed countries, and will not be held responsible for you violating these terms.
7.2.2 Key Definitions
“Payout” means a payment initiated by Get Louis Payments to an Influencer for services (such as Influencer Services) performed in connection with the Get Louis Platform.
“Payout Method” means a financial instrument that you have added to your Get Louis Account, such as bank account information.
7.2.3 You must be at least 16 years old and able to enter into legally binding contracts to use the Payment Services or other Get Louis Services. By using the Payment Services you represent and warrant that you are 16 or older.
7.2.4 Get Louis requires your bank information to make a Payout, and uses direct deposits as Payment Method. You must provide accurate, current, and complete information when adding your bank information, and it is your obligation to keep your Payout Method up-to-date at all times. You can update your Payment Information under “My profile”.
7.2.5 Please note that Payout Methods may involve the use of third-party payment service providers, and could be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payout Method.
7.2.6 You authorize Get Louis Payments to store your Payout information as outlined in these. If your Payout information changes (e.g., account number, routing number), we may acquire that information from you, our financial services partner or your bank and update your Payout Method on file in your Get Louis Account.
7.2.7 You are solely responsible for the accuracy and completeness of your Payout Method information. Get Louis Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you
7.2.8 In order to receive a Payout you must have a valid Payout Method linked to your Get Louis Account. Get Louis Payments will generally initiate Payouts to your selected Payout Method within 7 days after the completion of a Campaign. The time it takes to receive Payouts once released by Get Louis may depend upon the Payout Method you select. Get Louis may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, disputes or investigation.
7.2.9 Your Payout for a Campaign will be the Influencer Payment less applicable Fees and Taxes.
7.2.10 Get Louis Payments will remit your Payouts in DKK (Danish kroner) unless other is stated.
7.2.11 For compliance or operational reasons, Get Louis Payments may limit the value of each individual Payout. If you are due an amount above that limit, Get Louis may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount
7.2.12 Each Influencer collecting payment for services provided via the Get Louis Platform (such as Campaigns, or other Influencer Services, or disputes through Get Louis) (“Providing Member”) hereby appoints Get Louis as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
7.2.13 Each Providing Member agrees that payment made by a Purchasing Member through Get Louis Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Get Louis Payments may refund the Purchasing Member in accordance with the Get Louis Terms and Payment Terms. Each Providing Member understands that Get Louis Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Get Louis Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Get Louis Payments from Purchasing Members in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Get Louis Payments assumes no liability for any acts or omissions of the Providing Member.
7.2.14 If an Influencer does not begin it’s work on an accepted Campaign within the Campaigns timeframe, Get Louis Payments will provide the Company a full refund within a commercially reasonable time.
7.2.15 If an influencer does not deliver the agreed upon Influencer services, a Company may be entitled to a full or partially refund. In this case Get Louis will decide on the amount in a dispute and how it’s divided between the parties.
7.2.16 All refunds may be subject to the Get Louis Terms and Payment terms. If a Company or Get Louis decides for any reason to cancel dispute a confirmed Campaign pursuant to the Get Louis Terms, you agree that Get Louis Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Terms and Payments Terms.
7.2.17 If, as an Influencer, the Company disputes an accepted Campaign or Get Louis decides that it is necessary to cancel an accepted Campaign, and Get Louis issues a refund to the Company in accordance with the Get Louis Terms, or other applicable cancellation or dispute policy, you agree that in the event you have already been paid, Get Louis Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
7.2.18 If, as an Influencer, you wish to dispute a confirmed Campaign, you agree that Get Louis Payments may decide on a solution that could affect the final payout. In that case Get Louis will decide on the amount and how it’s divided between the parties. If Get Louis find the dispute reason inadequate it may only make a partially payout if at all.
8. Terms specific for Companies
8.1 When creating a Campaign through the Get Louis Platform you must provide complete and accurate information about the Campaign (such as description, content, date and length), disclose any deficiencies, restrictions and requirements that apply (such as any minimum age or proficiency) and provide any other pertinent information requested by Get Louis..
8.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Campaigns (“Influencer Payment”). Once an Influencer accepts or requests one of your Campaigns, you may not pay the Influencer less than stated in the Campaign request.
8.3 Any terms and conditions included in your Campaign, in particular in relation to the extent of the Influencer Service(s), must not conflict with these Terms or the Payment Terms.
8.4 Upon creation of a Campaign directly to an Influencer, or acceptance of an Influencers Campaign request, a legally binding agreement is formed between you and the Influencer(s), subject to any additional terms and conditions of the Influencer that apply. Get Louis Payments will collect the Total Fees at the time of the Campaign request or upon the Influencer confirmation pursuant to the Payments Terms.
8.5 The placement and filtering of Campaigns on the Get Louis Platform may vary and depend on a variety of factors, such as search parameters and preferences, Campaign requirements, price and dates, dispute history, Reviews and Ratings, type of Campaign.
8.6 All applicable fees, including the Get Louis Standard Fee, and any applicable Taxes will be presented to you prior to creating a Campaign. You agree to pay the fees and Taxes for any Campaign in connection with your Get Louis Account.
8.7 It is strictly prohibited to use the Get Louis Chat, or other tools available on the Get Louis Platform, to request the Influencer to do a campaign, or other Influencer Services, or to receive payments outside the Get Louis Platform.
9. Campaign Modifications, Cancellations, Disputes and Refunds
9.1 Members can reject a Campaign request at any time up until acceptance of the campaign or request.
9.2 A Company can edit a Campaign at any time up until inviting an Influencer to the campaign or accepting a Campaign request.The Company is responsible for any modifications to the Campaign and agree to pay any additional Influencer Payment or Fees and/or Taxes associated with such Campaign Modification.
9.3 If a Company and Influencer agrees to additional Influencer Services, or other changes to the Campaign, after Campaign Modifications are no longer possible, this is between the parties only and Get Louis is not to be held liable.
9.4 Members may use the My Campaigns area to dispute a Campaign for refunds, payouts, or any issues regarding the Campaign.
9.5 Any dispute will be handled in person by the Get Louis Customer Service.
The Get Louis Customer Service will take any given information into account, and be as objective as possible. Both Company and Influencer acknowledge that Get Louis is the acting mediator in such dispute, and that Get Louis is not to be held liable for any dispute not being solved as desired. Get Louis will mediate a solution, if one part don’t find the solution final, its upon that part to find another solution without the involvement of Get Louis.
Only after Get Louis has finished their dispute process, one part can seek solution elsewhere.
9.6 In certain circumstances, Get Louis may decide, in its sole discretion, that it is necessary to cancel an accepted Campaign and make appropriate refund and payout decisions. This may be for reasons set forth in the Payment Terms or where Get Louis believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Get Louis, other Members, third parties, for any of the reasons set out in these Terms.
10. Prohibited Activities
10.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Get Louis Platform.
10.2 You acknowledge that Get Louis has no obligation to monitor the access to or use of the Get Louis Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to operate, secure and improve the Get Louis Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); ) ensure Members’ compliance with these Terms; comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; respond to Member Content that it determines is harmful or objectionable; or as otherwise set forth in these Terms.
10.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Get Louis by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
11. Terms and Termination, Suspension and other Measures
11.1 This Agreement shall be effective until such time when you or Get Louis terminate the Agreement in accordance with this provision..
11.2 You may terminate this Agreement at any time via the “delete my profile” feature on the Get Louis Platform. If you cancel your Get Louis Account as an Influencer, any confirmed Campaign(s) will be automatically cancelled and the Company will receive a full refund. If you cancel your Get Louis Account as a Company, any confirmed Campaign(s) will be automatically cancelled and any refund will depend upon the current agreements and state of the Campaign(s).
11.3 Without limiting our rights specified below, Get Louis may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
11.4 Get Louis may immediately, without notice terminate this Agreement if you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, you have violated applicable laws, regulations or third party rights, or Get Louis believes in good faith that such action is reasonably necessary to protect the personal safety or property of Get Louis, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
11.5 In addition, Get Louis may take any of the following measures to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, you have provided inaccurate, fraudulent, outdated or incomplete information during the Get Louis Account registration, Profile or Campaign process or thereafter, you and/or your Campaign or Influencers Services at any time fail to meet any applicable quality or eligibility criteria, you have repeatedly received poor Ratings or Reviews or Get Louis otherwise becomes aware of or has received complaints about your performance or conduct, you have repeatedly cancelled Campaigns or failed to respond to Campaign requests without a valid reason, or Get Louis believes in good faith that such action is reasonably necessary to protect the personal safety or property of Get Louis, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Campaigns, Profiles, or other Member Content;
- cancel any pending or accepted Campaigns;
- limit your access to or use of the Get Louis Platform;
- temporarily or permanently revoke any special status associated with your Get Louis Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your Get Louis Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Get Louis and an opportunity to resolve the issue to Get Louis’s reasonable satisfaction.
11.6 If we take any of the measures described above we may refund the Company in full for any and all confirmed Campaign that have been disputed, irrespective of preexisting dispute and cancellation policies, and you will not be entitled to any compensation for pending or accepted Campaigns that were cancelled.
11.7 When this Agreement has been terminated, you are not entitled to a restoration of your Get Louis Account or any of your Member Content. If your access to or use of the Get Louis Platform has been limited or your Get Louis Account has been suspended or this Agreement has been terminated by us, you may not register a new Get Louis Account or access and use the Get Louis Platform through an Get Louis Account of another Member.
Get Louis is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Get Louis is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Get Louis in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Get Louis is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Get Louis’s option), indemnify, and hold Get Louis and its affiliates, including but not limited to, Get Louis Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your breach of these Terms or our Policies or Standards, your improper use of the Get Louis Platform or any Get Louis Services, your interaction with any Member, use of or participation in Campaign, Influencer Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 18 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
14. Arbitration Agreement
14.1 Any dispute arising out of or in connection with this agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by mediation administrated by The Danish Institute of Arbitration in accordance with the rules on mediation adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
14.2 If the mediation proceedings are terminated without a settlement, the dispute shall be settled by arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced
15. Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with Danish law. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Danish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Denmark or a court with jurisdiction in your place of residence. If Get Louis wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Danish courts.
16. General Provisions
16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Get Louis and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Get Louis and you in relation to the access to and use of the Get Louis Platform.
16.2 No joint venture, partnership, employment, or agency relationship exists between you and Get Louis as a result of this Agreement or your use of the Get Louis Platform.
16.3 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
16.4 Get Louis failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
16.5 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Get Louis via email, Get Louis Platform notification, or messaging service (including SMS and internal messages).
16.6 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr.
If you have any questions about these Terms please email us.