1. Description of Services and Acceptance of Terms and coabovenditions
The Services that Above And Beyond Time Advertising LLC. (collectively, hereinafter “Pop Ups Mobile App & Web”, “we”, “our”, and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms and conditions”), which govern your access to and/or use of (a) Pop Ups ’s consumer engagement and activation platform that enables businesses and brands to identify and engage with influencer member, consumer content creators, conduct surveys and perform other consumer research, and track the success of consumer engagement initiatives with various campaigns, (b) Popups.ae website, and/ or (c) use of mobile versions and/or applications, content, products, services and any sites Pop Ups may have now and/or in the future (collectively, the “Platform Services”), including without limitation as it relates to marketing, purchasing campaigns, participating in campaigns and/or interacting with influencer member, businesses, brands and/or other users of the Services. Pop Ups may offer additional services including but not limited to brand pages, surveying tools, communication tools, engagement reporting and third-party software integrations (“Additional Services”) at its then-current rates. The Platform Services and Additional Services shall collectively be referred to herein as the “Services”.
By clicking on the “Accept” button on the screen as it relates to the Terms and conditions and/or by accessing and/or using the Services, you will be deemed a Pop Ups User or business member (“business member ”) and acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions of this Terms and conditions, as well as all other applicable rules or policies, terms and conditions and/or agreements that are and/or may be established by Pop Ups from time to time and the foregoing shall be incorporated herein by reference. If you agree to these Terms and conditions on behalf of an entity, or in connection with providing and/or receiving services on behalf of an entity, you represent and warrant that you have authority to bind such entity or agency to this Terms and conditions. In such event, “you” and “your” as used herein will refer and apply to each entity or agency. The terms and conditions of this Terms and conditions will govern your access to and/or use of the Services. Please read this Terms and conditions carefully. If you do not accept this Terms and conditions, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND POP UPS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PARTIES ARE WAIVING THEIR RIGHT TO A TRIAL BY JURY IN THE EVENT OF ARIBTRATION.
2. Privacy Policy
You also agree to Pop Ups ’s privacy policy, located at Popups.ae (“Privacy Policy”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Policy and this Terms and conditions.
3. Changes to Terms
Subject to the terms and conditions set forth herein, Pop Ups may, at any time, for any reason, in its sole discretion make changes to the Services, plans and/or modify this Terms and conditions. If Pop Ups makes changes and/or modifications that affect your access to and/or use of the Services, Pop Ups will provide a notice of such changes by posting the updated Terms and conditions on the page and changing the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances. If you do not agree with the changes and/or modifications to this Terms and conditions, you shall not use the Services after the effective date of the changes. Please revisit this Terms and conditions regularly to ensure that you stay informed of any changes. For the avoidance of doubt, the foregoing modifications and/or changes refer to the Services and not the campaigns, as Pop Ups will not make any changes to campaigns mutually agreed upon the parties unless otherwise agreed upon by the parties as further described herein.
4. Eligibility
To access and/or use the Services, you must provide a valid trade license based on local requirement to be able to carry on your business conduct and the requisite power and authority to enter into this Terms and conditions and meet any other applicable age, residency and legal requirements. You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence are not true.
5. Setting up an Account
You are required to establish an account through the Services, and you agree to provide true, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. Any usernames and passwords used for the Services are for your use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You understand and agree that Pop Ups shall have no responsibility for any incident arising out of, and/or related to, your account settings. Pop Ups will assume that anyone using the Services and/or transacting through your account is you. Therefore, you further agree to immediately notify Pop Ups of any unauthorized use of your password and/or account and/or any other breach of security. You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Services. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by Pop Ups in its sole and absolute discretion. Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate this Terms and conditions, Pop Ups may terminate your account immediately.
6. Membership and Payment Terms
a. Memberships. Pop Ups offers Business membership plan to access and/or use the Services: A free trial period is allowed for each member and duration can be taken case by case, business member upon signs up for an account on the Services will be required to set up their initial campaigns that will be designated Managed Service and will need to pay their membership fees covering the campaign costs to start their annual plan.
Business members (vendors) are subject to accumulate balance for offers sold for customers on Popups.ae or on our Mobile app, all balance accumulated will be considered account payable to business member s and will be released every 14 days to member s assigned bank accounts.
Business Membership shall commence on the date you supply all required information about your business and click agree to the terms and/or otherwise use our Services and shall continue until either you or Pop Ups terminate your account in accordance with the terms and conditions set forth herein.
You will be required to provide and input the requested information into the Services related to each campaign, including without limitation, the brand logo, brand description, campaign description and instructions and related images. After such information is provided for any applicable campaign, the potential influencer member will be identified and recommended for the campaign based upon the information you provided and the information the influencer member have provided to Pop Ups . Selected influencer member will receive approved Instructions, with details regarding post requirements. When Business member campaign requires influencers to showcase product in their own filming locations, they are responsible for communicating with any selected influencer member, managing its own customer support channels and/ or shipping products to and/or from the influencer member. Pop Ups will provide standard metrics and analytics related to the influencer member and campaigns as made generally available to its other users, via the business member Dashboard. In addition, Pop Ups will assign a hotline service to assist with any questions you may have.
Campaigns pricing is based on each campaign type and indicated on the Services and, in consideration for Pop Ups ’s performance of the Services, you agree to pay the related fees for the Services you elect to use, for campaigns you initiate. Such fees shall be due and payable upon campaign submission and shall be deducted from a payment account designated by you or through available payment facilities within Pop Ups. You authorize Pop Ups to automatically charge the payment account for the fees due and owing hereunder. Grow Business member s campaigns do not include guarantees regarding Post Count, Potential Reach, or Engagement Rates. All numbers provided during the campaign creation process are estimates and are not guaranteed.
Pricing for Business membership is based on elected service available and In consideration for Pop Ups ’s performance of the Services described herein and in the SOW, business member shall pay Pop Ups the fees set forth in the applicable SOW. Unless otherwise set forth in an SOW, campaign-related fees shall be paid by business member to Pop Ups fully once campaign request is raised. Pop Ups ’s preferred payment method is via credit card. Any services provided outside of the scope of the Services described herein and in the applicable SOW shall be provided at Pop Ups ’s then-current rates and due and payable by business member upon receipt of the applicable invoice.
b. Credit Card Payments
Pop Ups uses a third-party payment platform to process payments. Your credit card information or other payment method will be processed and stored by our third-party payment processor, Stripe. You expressly understand and agree that all payments and monetary transactions are handled by such third-party and the use of such platform is governed by the third-party’s terms and conditions and Pop Ups shall have no liability related thereto.
In the event business member elects to pay the fees due hereunder via credit card, business member authorizes Pop Ups to automatically charge the payment account for the fees due and owing hereunder and any SOW. If business member ’s payment account on file is closed or the account information is changed, or if, for any reason, a charge is rejected by business member ’s payment account, business member shall immediately update business member ’s payment account or supply a new payment account, as appropriate. If business member is unable to update its payment account with appropriate information, then Pop Ups will suspend Services, without liability, until valid payment account information is provided. If Pop Ups believes that a business member has participated in a fraudulent chargeback, Pop Ups will pursue its claims against business member to the fullest extent allowed by law.
C. Payment Policy
Payment Methods: We accept payments via major credit/debit cards.
Order Confirmation: Once an order is placed, you will receive an email confirmation with details of your purchase and collection instructions.
VAT: A VAT of 5% is applied to all customer purchases. This tax does not affect the vendor's prices at payout.
Collection: Goods must be collected from the designated supplier’s shop as specified in the order confirmation.
D. Exchange Policy
No Returns: We do not accept returns. However, customers may choose to exchange their purchase by directly coordinating with the supplier’s shop.
Exchange Process: To initiate an exchange, contact the supplier’s shop using the contact details provided in your order confirmation. The exchange is subject to the supplier’s policies and availability of the desired item.
Condition of Items: Items eligible for exchange must be in their original condition and packaging. The supplier may refuse exchanges if the item has been used or damaged by the customer.
E. Cancellation and Refund Policy
Cancellation Requests: Orders can be cancelled within 24 hours of placement for a full refund. Cancellations made after this period will incur a deduction of up to 30% of the order value as non-refundable profit.
Refund Process: To request a cancellation, contact our customer service via email at support@aboveandbeyond.com. Please include your order number and reason for cancellation.
Refund Timeline: Approved refunds will be processed within 5-7 business days. The refunded amount will be credited to the original payment method.
Non-Refundable Items: Custom or personalized goods are non-refundable unless they are defective or damaged upon collection.
Loyalty Points: Discounts applied through loyalty points are not refundable.
Collection Issues: If you are unable to collect the goods within 14 days of the scheduled collection date, the order will be canceled and up to 30% of the order value will be retained as profit.
F. Vendor Payment Policy
Payment Schedule: Vendors will be paid on the 20th of every month.
Payment Method: Payments will be made through the endorsed IBAN provided by vendors at the time of registration.
Transaction Confirmation: Vendors will receive an email confirmation for each transaction once the payout is processed.
G. Customer Responsibilities
Accurate Information: Ensure all provided information is accurate to avoid delays or issues with your order.
Timely Collection: Collect your goods promptly to avoid cancellation and forfeiture of up to 30% of the order value.
For any questions or further assistance, please contact our customer service team at support@aboveandbeyond.com.
7. Campaigns
a. Campaign Objectives
For Managed Services, Campaigns may be structured by objectives (“Objective(s)”) as offered on the member s profile “Requests” or as may otherwise be set forth in a SOW for Business member. Objectives may include the Buzz Campaign (provided with a duration), Promotional Video Campaign, or Full Year Reach. For the purposes of this Terms and conditions, (i) “Buzz Campaign” shall mean all “Re-posts” by any influencer member participating in a business member campaign that has met agreed-upon post requirements, (ii) “Promotional Video Campaign” is defined as the number of video created by influencers in relation to the campaign started by Business member s (iii) “Full Year Reach” or “Reach” is defined as the aggregate of promotions pushed through selected social media with supplied ADV content.
b. Submission of Campaigns
For Business members can submit their preferred campaign request through their member s profile, once endorsed.
Our admin will grant approval, request extra information or reject request based on given situation. For the avoidance of doubt, campaigns may be rejected by Pop Ups in its sole and absolute discretion, without liability, and Pop Ups ’s obligations described herein shall not apply until Pop Ups approves of such campaign as described herein. Self-Serve business member may work with their business member Success Manager to make revisions to a campaign to ensure approval.
c. Campaign Period
Subject to the terms and conditions set forth herein, the “Campaign Start Date” shall commence beginning on the date on which the business member sets in their request, and upon receipt of full payment. At the expiration of the Campaign Period, Pop Ups provide business member with a report only when requested (“Campaign Impact Report”). If business member wishes to extend the campaign, business member must notify Pop Ups one day (24 hours) before the Campaign End Date. In the event Pop Ups approves such extension, business member agrees to pay fully Pop Ups the remaining fees owed for the initial Campaign Period and the applicable fees related to such extension.
d. Location-Based Campaigns
business member may initiate location-based campaigns on the Services. In such event, business member is solely responsible for all elements of a location-based campaign including but not limited to arranging access and ensuring the safety and suitability of such location, securing the location, paying any deposits, arranging for access, paying for travel expenses, securing proper permitting, ensuring sufficient insurance, and abiding by any laws and regulations. For campaigns that are limited to specific regions or locations, business member acknowledges that fewer influencer member will be available, depending on the designated locations, which might extend the campaign timeline. Campaign that are regional in scope may also require additional costs, to be outlined in a SOW.
e. Products for Campaigns
In the event business member is utilizing physical products in its campaign (“business member Product(s)”) business member shall be responsible for all shipping costs and any other costs related to the production, preparation, and delivery of any business member Products to any influencer member. In the event business member elects a Self-Service Plan and is utilizing business member Products in a campaign, business member agrees that it shall make its own shipping arrangements with the influencer member that are participating in any campaign with business member Products, but that it will provide tracking numbers, via the business member Dashboard, to ensure a seamless Campaign experience for the influencer member. In the event business member elects a Managed Service Plan and is utilizing business member Products in a campaign, business member shall make its own shipping arrangements with the influencer member that are participating in any campaign with business member Products, unless otherwise agreed in an SOW by the parties that Pop Ups will provide shipping and fulfillment services through one of its partners. In either case, business member agrees to provide Tracking numbers for business member Products to Pop Ups, via the Campaign Dashboard or otherwise, to ensure seamless delivery of the campaign. Pop Ups cannot guarantee specific Campaign timelines, unless the business member provides tracking numbers, as Pop Ups will not be able to determine the status of individual influencer member posts. In the event a business member Product is required for any business member campaign, business member agrees that Pop Ups may require additional time in advance of the Post go live date, in order to account for shipping. Pop Ups recommends that business member supply at least twenty percent (20%) more business member Products to influencer member than the expected number of participating influencer member in each instance to account for any business member Products that may get damaged or lost in transit. business member acknowledges and agrees that Pop Ups is not liable for any lost and/or damaged business member Products.
e. Campaign influencer member and influencer member Content
Pop Ups allows third parties who sign up to participate as influencer member access to and use of the Services to participate in campaigns initiated by a business member. Each influencer member may offer social media services via the Services, including but not limited to social media posts, like aggregation, and distribution of business member Assets (collectively referred to as “Influencer member Service(s)”) and has the opportunity to work with various brands and business on the Services. business member hereby acknowledges and agrees that while Pop Ups may provide information about an influencer member, based on location, following, engagement, or relevancy; such information is based solely on data that is submitted by the influencer member, and Pop Ups provides such information solely for the convenience of all business member and this is not an introduction, endorsement, or recommendation by Pop Ups of any influencer member or any influencer member ’s Services. Any opinions, advice, or information expressed by any influencer member or other third-party are those of the individual and the individual alone and they do not reflect the opinions of Pop Ups and the inclusion of any influencer member in a campaign does not constitute any endorsement by Pop Ups. Pop Ups does not direct, is not an employer, has no control over, makes no representations and/or guarantees related to any individual influencer member or any influencer member Services. For Managed Services, Pop Ups will guarantee that posts meet the requirements outlined in the request raised by business member and/or the SOW, and as agreed to and outlined in the influencer member Instructions. For Grow Business member s, business member agrees that it is solely responsible for its interactions with any influencer member on the Services and will indemnify, defend and hold harmless Pop Ups for any damages Pop Ups suffers related to any of business member ’s interactions on the Services.
Business member : Notwithstanding anything herein to the contrary, Pop Ups (i) does not ensure that influencer member will meet business member ’s requirements or complete instructions in accordance with business member ’s direction, (ii) does not conduct criminal background checks on its influencer member or otherwise inquire into the background of its influencer member, other than the influencer member -provided answers to survey questions, and (iii) shall have no liability related to influencer member s’ acts and/or omissions (including without limitation if any influencer member participates in competing campaigns and/or opts-out to receive communications).
Managed: Notwithstanding anything herein to the contrary, Pop Ups does ensure that influencer member will meet business member t’s requirements or complete instructions in accordance with business member ’s direction and will replace any influencer member who do not meet requirements with one who does. All campaign requirements must be laid out to Pop Ups during the Applications and Instructions approval process, and any edits to requirements provide after the Instructions are approved will be subject to Change Fees. Pop Ups does not conduct criminal background checks on its influencer member or otherwise inquire into the background of its influencer member, other than the influencer member -provided answers to survey questions. Pop Ups shall have no liability related to individual influencer member ’s acts and/or omissions (including without limitation if any influencer member participates in competing campaigns and/or opts-out to receive communications).
business member acknowledges and agrees that it will use the Services as its exclusive method to request, initiate, and pay for any micro-influencer or influencer member social media campaigns that involve the influencer member identified and/or used on the Services, and will not engage in contact with any influencer member outside of the Services. Pop Ups acknowledges that business member may work with other influencer-style companies or platforms but requires that they not provide Pop Ups influencer member information to competitive companies. business member agrees to notify Pop Ups immediately if an influencer member, a person representing an influencer member, and/or any other user improperly contacts business member or suggests engaging in a relationship, making, or receiving payments outside of the Services. Any content provided by an influencer member via its influencer member Services (the “Influencer member Content”) is the property of such influencer member, and such influencer member shall retain all title, right, and interest in such influencer member Content. Pop Ups secures the right for business member to use such influencer member Content and hereby grants business member a royalty free, non-transferable, non-assignable, non-exclusive, perpetual license to use, display, modify and create derivative works of any influencer member Content from any business member campaigns in any format for purposes of advertising and marketing. All Pop Ups influencer member agree to the above permissions via the influencer member Terms of Service.
8. Business Member Assets
a. Business Member Asset Guidelines
“Business member Assets” shall mean business member ’s Products and any information business member submits to Pop Ups and/or influencer member through the Services, including but not limited to text, audio messages, videos, photos, images, business member ’s trademarks and/or business member ’s intellectual property. business member may submit business member Assets to Pop Ups for use in performing Services business member agrees that it shall not:
1. include any content that provides or claims to provide any medical advice;
2. include any confidential information of business member and/or any other third party in the business member Assets;
3. submit any business member Assets that contain nudity, or sexual or explicit content;
4. submit any business member Assets that depict gratuitous violence, animal or child abuse, or encourages violence against others;
5. submit any business member Assets that contain hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
6. submit any business member Assets that are considered spam or politically controversial;
7. submit any business member Assets that may be considered misleading, unlawful, defamatory, obscene, invasive, threatening or harassing;
8. submit business member Assets that include content that is (or may be) offensive, including without limitation, bigotry, racism, discrimination, hatred and/or profanity; and/or
9. submit business member Assets that promote and/or provide information about illegal activities and/or physical harm or injury to any group, individual, institution and/or property.
If you have violated any of the foregoing or if Pop Ups believes that any business member Asset may harm the Services, other users and/or Pop Ups ’s interests, your access to and/or use of the Services may be suspended or terminated, without liability, as determine by Pop Ups in its sole and absolute discretion. Pop Ups is not required to host, display, migrate, or distribute any of the business member Assets and Pop Ups may refuse to accept, provide access to and/or transmit any business member Assets in its sole and absolute discretion, without liability. Any business member Assets found to be in violation of this Terms and conditions or that Pop Ups determines may be harmful may be modified, edited, or removed by Pop Ups, without liability, in Pop Ups ’s sole and absolute discretion.
b. Business Member Asset Placement
Business member understands and agrees that influencer member may use the business member Assets in the campaign and as it relates to the Services and may be placed on influencer member ’social media channels. Use of these assets will be outlined in Campaign Instructions, which must be approved by the business member. In any event, Pop Ups is not liable for influencer member use of such business member Assets. Business member is responsible for instructing influencer member on how the influencer member should properly use business member Assets. Please be aware that if business member wishes to supply instructions related to the business member Assets, business member must submit such information contemporaneously when submitting the business member Assets, and before the campaign is initiated. In the event business member modifies the instructions after the campaign is initiated, then business member shall pay full amount Pop Ups its then-current change fee to implement such modifications. Pop Ups will discuss with business member how business member Assets should be used and/or displayed and monitor the placement of business member Assets by influencer member to ensure business member Assets are used and/or displayed in accordance with business member ’s expectations.
c. License Grant for Business Member Assets
business member shall retain all right, title and interest in the business member Assets. business member grants Pop Ups, its partners, affiliates, users, representatives, assigns and v a non-exclusive, fully-paid, royalty-free, irrevocable, worldwide, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and/or reuse all or part of the business member Assets as it relates to the Services and for publicity purposes on Pop Ups’s website and in other marketing materials.
9. Your Conduct and Responsibilities
When using the Services, you are solely responsible for your use and for any acts and/or omissions occurring under your account. Pop Ups grants you the rights set forth herein subject to the terms and conditions set forth herein, including without limitation:
1. You shall not use the Services except through specific channels provided by Pop Ups to you;
2. You shall not decompile, reverse engineer, disassemble, modify, and/or otherwise reduce to human-perceivable form all or any part of the Services;
3. You shall not use or permit the use of, reproduce and/or otherwise duplicate, disclose, distribute, modify, encumber, time-share, license, sublicense, rent, sell, lease, loan, and/or transfer the Service, any portion thereof, and/or any of your rights thereto;
4. You shall not merge the Services or any portion thereof with any other program and/or materials;
5. You will not copy, distribute or disclose any part of the Services (including without limitation information provided therein) in any medium, including without limitation by any automated or non-automated “scraping”;
6. You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by Pop Ups to access the Services or to extract or export data collected through the Services;
7. You agree not to submit and/or transmit any business member Assets, email and/or materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component;
8. You are responsible for the accuracy and quality of the business member Assets, data and content that you submit and will not violate the intellectual property rights of anyone;
9. You shall not submit content that is offensive or engage in unlawful acts, including without limitation, bigotry, racism, discrimination, hatred, profanity, harassment, stalking, bullying and/or harming anyone or anything;
10. You shall not imply that business member Assets, materials and/or content is in anyway sponsored and/or endorsed by Pop Ups ;
11. You may not access all or any part of the Services in order to build a product and/or service which competes with the Services or to create derivative works or improvements to the Services;
12. You shall not imitate part or all of the design, layout and/or look-and-feel of the Services and/or individual sections of it, in any form and/or media;
13. You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Services and notify Pop Ups promptly of any unauthorized access;
14. You shall not violate any of Pop Ups ’s requirements, policies and procedures;
15. You agree to comply with all applicable laws, rules and regulations;
16. You shall not use the Services for any unlawful purpose and/or to violate any local, federal, international law, code of conduct and/or other guidelines which may be applicable to the Services provided;
17. You agree not to intentionally hold Pop Ups and/or its employees, directors, officers or agents up to public scorn, ridicule and/or defamation;
18. You will not attempt to do any of the following: access data not intended for you, monitor the Services for data gathering purposes in an effort to track usage by others and/or interfere with the Services in relation to any user in any manner;
19. You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers used by Pop Ups in providing the Services;
20. You will not take any action that imposes, or may impose in Pop Ups ’s sole discretion, an unreasonable or disproportionately large load on Pop Ups ’s infrastructure and/or otherwise interfere with and/or disrupt the Services; and/or
21. You will not permit any other person and/or entity to engage in any of the foregoing conduct.
In the event Pop Ups has reason to believe you are in breach of this Section 9, then Pop Ups may suspend your access to and/or use of the Services immediately, without liability.
10. Use of Services and Availability
Pop Ups retains the right, in its sole and absolute discretion, to deny Services and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control such as routine maintenance, and outside of Pop Ups’s control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
11. Cancellation of Campaigns & Termination
In the event business member desires to cancel a campaign after it is initiated, business member shall not be liable for all costs and expenses related to such cancellation. After the initial term of the Grow or Elite Business member ship you selected when you signed up for Services, you may terminate your account and this Terms and conditions via the dashboard in the Services or by contacting Pop Ups at support@aboveandbeyond.ae. Without limiting any other remedies Pop Ups may have, Pop Ups may suspend and/or terminate your account and this Terms and conditions and/or any applicable SOW at any time, without liability and without prior notice, if we determine that (a) you have violated any applicable laws while using the Services, (b) if you have violated this Terms and conditions and/or any other Pop Ups policies, (c) if Pop Ups believes or you have engaged in gross negligence, wilful misconduct, fraud or misrepresentation and/or (d) if we believe that any of your actions may harm Pop Ups . Unless otherwise set forth in an SOW (for a Managed Service Plan), upon termination (i) access to the Services will be become immediately disabled, (ii) any campaigns not concluded will be terminated immediately without liability, (iii) you will immediately pay Pop Ups all fees incurred through the then-current term as if your account and this Terms and conditions has not been terminated, (iv) you will reimburse Pop Ups for any fees, costs and expenses incurred by Pop Ups as a result of such termination. Notwithstanding anything herein to the contrary, you will not be entitled to any refunds of pre-paid fees in the event of termination. If we terminate your account for breach of this Terms and conditions, you may not subscribe under a new account unless Pop Ups formally invites you. If you commit fraud and/or falsify information in connection with your access to and/or use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.
12. Third-Party Products
There may be third-party products, services, software, and/or social networks (collectively “Third-Party Products”) integrated into the Services. Please be aware that Pop Ups is not affiliated with any Third-Party Products or the companies or providers that own or control such Third-Party Products. Any Third-Party Products that are made available in connection with the Services do not constitute an endorsement or recommendation to use such Third-Party Products. Third-Party Products are not under the control of Pop Ups and Pop Ups shall have no ability to control the availability of or your access to any Third-Party Products. You agree to release Pop Ups from any liability related to your use of any Third-Party Products or any costs or charges related to such Third-Party Products. In order to use any Third-Party Products, you may be required to agree to that company’s terms and conditions and/or privacy policy. You agree to comply with the foregoing when using the Services. Where you decide to use such Third-Party Products, Pop Ups is not a party to any contracts created between you and such Third-Party Products’ companies or providers.
13. Linked Sites
The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only. Pop Ups does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. Pop Ups reserves the right to terminate any link and/or linking program at any time. Pop Ups disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites.
14. Confidentiality
Pop Ups shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the Services except as otherwise specified in this Terms and conditions, Privacy Policy, SOW and/or as required by law.
15. Ownership
The Services and any Pop Ups -provided content, layouts, arrangements, metadata, images and the infrastructure used to provide the Services are proprietary to Pop Ups and Pop Ups shall retain all right, title and interest in the foregoing. By using the Services and accepting this Terms and conditions, Pop Ups grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Terms and conditions and to any additional terms and policies set forth by Pop Ups . Neither this Terms and conditions nor your use of the Services convey and/or grant to you any rights (i) in or related to the Services except for the limited right to access and use the Services described above, and (ii) to use or reference in any manner Pop Ups ’s names, logos, product and service names, trademarks or service marks or those of Pop Ups ’s licensors.
16. Idea Submission
Pop Ups or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Pop Ups . The sole purpose of this policy is to avoid potential misunderstandings or disputes when Pop Ups ’s products might seem similar to ideas you submitted to Pop Ups . If, despite our request not to, you do send us your ideas, you agree to the following (a) your Submissions and their contents will automatically become the property of Pop Ups, without any compensation to you, (b) Pop Ups may use or redistribute the Submissions and their contents for any purpose and in any way, (c) there is no obligation for Pop Ups to review the Submission, and (d) there is no obligation to keep any Submissions confidential.
17. Intellectual Property of Pop Ups
The name ‘Pop Ups Time’, the design of the Services along with Pop Ups created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks“), are owned by or licensed to Above And beyond Time Advertinsing LLC. The Marks are subject to copyright and other intellectual property rights under UAE laws and international conventions. Pop Ups reserves all rights not expressly granted in and to the Services. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Services unless we have given you express written permission. All rights not expressly granted are hereby reserved.
18. Representations and Warranties of business member Assets
business member represents and warrants the following (a) business member owns or has properly licensed all business member Assets provided, (b) the business member Assets do not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity, (c) the business member Assets provided do not violate any Emirates or federal laws or any third party agreements, (d) business member has the sole, exclusive and unencumbered ownership of all rights of every kind and character throughout the universe in and to the business member Assets and has clear title to any other subsidiary materials contained in the business member Assets, (e) business member has the absolute right to grant to Pop Ups, all rights, licenses and privileges granted to or vested in Pop Ups under this Terms and conditions and/or applicable SOW, (f) business member has obtained all clearances and paid all monies necessary for Pop Ups to exercise the license granted herein and there will not be any other rights to be cleared or any payments required to be made by Pop Ups as a result of any use of the business member Assets pursuant to the rights and licenses herein granted (including without limitation, payments in connection with contingent participations, residuals, clearance rights, moral rights, union fees, and music rights), (g) all of the individuals and entities connected with the production of the business member Assets, and all of the individuals and entities whose names, voices, photographs, likenesses, appearance, works, services and other materials appear or have been used in the business member Assets, have authorized and approved business member ’s use thereof, and Pop Ups shall have the right to use all names, voices, photographs, likenesses, appearance and performances contained in the business member Assets in connection with the exploitation, promotion, and use of the license granted herein, and/or (h) there are no existing, anticipated, or threatened claims or litigation that would adversely affect or impair the use of any of the business member Assets.
19. Warranty Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES INCLUDING WITHOUT LIMITATION THE CAMPAIGNS, INFLUENCER MEMBER SERVICES AND CONTENT RELATED THERETO ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ BASIS. POP UPS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED AND/OR THAT DEFECTS WILL BE CORRECTED. POP UPS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING WITHOUT LIMITATION ANY INSTRUCTIONS) ON THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. POP UPS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION. POP UPS MAKES NO WARRANTY THAT THE INFORMATION, RESULTS AND/OR ADVICE THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE. NEITHER POP UPS, NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS AND/OR AGENTS MAKE ANY REPRESENTATIONS, GUARANTEES, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO PAGES DISPLAYED ON POP UPS ’S SERVICES, OR THE FUNCTIONALITY, PERFORMANCE AND/OR RESPONSE TIMES OF THE SERVICES, ANY INFORMATION PROVIDED VIA THE SERVICES, ANY INFLUENCER MEMBER SERVICES AND/OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO POP UPS OR VIA THE SERVICES.
20. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE CAMPAIGNS, INFLUENCER MEMBER S SERVICES, INFLUENCER MEMBER CONTENT, INTERACTIONS BETWEEN BUSINESS MEMBER AND INFLUENCER MEMBER, ACTS AND/OR OMISSIONS OF INFLUENCER MEMBER, BUSINESS MEMBER ASSETS, URL NAMES, INFORMATION, IMAGES AND COPY IS AT YOUR OWN RISK. IN NO EVENT SHALL POP UPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF POP UPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY POP UPS ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME COUNTIES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH ,POP UPS ’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE INAPPLICABLE, YOU AGREE THAT POP UPS ’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE CAMPAIGNS, INFLUENCER MEMBER SERVICES, INFLUENCER MEMBER CONTENT, INTERACTIONS BETWEEN BUSINESS MEMBER AND INFLUENCER MEMBER, ACTS AND/OR OMISSIONS OF INFLUENCER MEMBER, BUSINESS MEMBER ASSETS, URL NAMES, INFORMATION, IMAGES AND COPY IS THE LESSER OF THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE HUNDRED Dirhams (AED 100.00).
21. Indemnity
You agree to defend, indemnify and hold harmless Pop Ups, its officers, directors, employees, subcontractors and agents, from and against any and all claims, demands, proceedings, damages, obligations, losses, liabilities, costs, awards, fees, expenses (including but not limited to attorney’s fees) and liabilities of any nature arising from (a) your use of and access to the Pop Ups Services, (b) your violation of any term of this Terms and conditions, Privacy Policy and/or SOW, (c) your negligence or willful misconduct, (d) any claim that your use of the Services harmed another user or third party, (e) any claim by an influencer member of unauthorized use or infringement of influencer member -provided content, (f) any claim that business member Assets violate the intellectual property rights or other rights of any third party; (g) any claim of fraud or misrepresentation committed by business member and/or (h) business member ’s failure to comply with applicable laws.
You shall immediately give notice to Pop Ups of any third-party claim against you which might give rise to a claim against Pop Ups. In the event of a claim such as the one described in this indemnity section, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
22. DMCA Copyright Policy and Copyright Agreement
Pop Ups respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. identification of the copyrighted work claimed to have been infringed.
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
4. information sufficient to permit Pop Ups to contact you, such as your physical address, telephone number, and, if available, an electronic mail address.
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Pop Ups ’sDMCA Agent for notice of claims of copyright infringement is: Pop Ups, Attn: Copyright Abu Dhabi, (support@aboveandbeyond.ae).
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
23. Dispute Resolution
a. Disputes
We want to address your concerns without needing to file a formal legal case. Before filing a claim against Pop Ups, you agree to try to resolve the dispute informally by contacting your Campaign Strategist, or the company at support@aboveandbeyond.ae. with concerns. The parties will try to resolve the dispute within thirty (30) days after receipt of written notice, but if the parties are unable to resolve any claims related to this Terms and conditions and/or any SOW within such time frame, then the parties shall resolve such dispute through final and binding arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or opt out as described below.
d. Exceptions to Agreement to Arbitrate
You and Pop Ups each agree that the following claims are exceptions to this arbitration clause and will be brought in a judicial proceeding in a court of competent jurisdiction (a) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, (b) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), or (c) any claim that qualifies in small claims court in Abu Dhabi, UAE
e. How to Opt-Out of Arbitration
You can opt-out and decline this agreement to arbitrate by contacting Pop Ups in writing within thirty (30) days after the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms and conditions). Such notice shall be sent to:
support@aboveandbeyond.ae. If you optout, neither you nor Pop Ups can require the other to participate in an arbitration proceeding.
24. Relationship of Parties
business member agrees that Pop Ups is acting as an independent contractor in performing the Services contemplated under this Terms and conditions and that the relationship between Pop Ups and business member shall not constitute a partnership, joint venture, or agency. Neither Pop Ups nor any of Pop Ups’s employees or agents (a) is an employee, agent or legal representative of business member, or (b) shall have any authority to represent business member or to enter into any contracts or assume any liabilities on behalf of business member. Neither business member nor business member ’s employees or agents (i) is an employee, agent or legal representative of Pop Ups, or (ii) shall have any authority to represent Pop Ups or to enter into any contracts or assume any liabilities on behalf of Pop Ups.
25. Force Majeure
You agree that Pop Ups is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
26. Statements By Employees
Any statements made or actions undertaken by Pop Ups’s employees are non-binding in nature. Unless explicitly stated otherwise in this Terms and conditions and/or SOW, Pop Ups employees and staff do not have the authority to execute an agreement or contractually bind Pop Ups to any agreements.
27. Severability & Non-waiver
In the event that a provision of this Terms and conditions and/or SOW is found to be unlawful or otherwise is found to be unenforceable, the Terms and conditions and/or SOW will remain in force as though it had been entered into without that unenforceable or unlawful provision being included in it. We reserve all rights permitted to us under this Terms and conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Terms and conditions and/or SOW or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
28. Survival
All provisions of this Terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, content provisions, business member representations and warranties, payment provisions, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
29. Assignment
You may not assign your rights and/or obligations under this Terms and conditions and/or SOW to any other party without our prior written consent. We may assign our rights and/or obligations under this Terms and conditions and/or SOW to any other party at our discretion.
30. Communications
By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with Pop Ups electronically, and you consent to receive communications from Pop Ups electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that Pop Ups provides to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Pop Ups . If you withdraw your consent to receive such records and notices electronically, Pop Ups will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after Pop Ups has a reasonable period of time to process your request for withdrawal.
31. Entire Agreement
This Terms and conditions along with the Privacy Policy and any applicable SOWs constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
Contact us: If you would like to request additional information regarding this Terms and conditions, please contact us at support@aboveandbeyond.ae
ABOVE AND BEYOND TIME Advertisement LLC, registered
in Abu Dhabi, United Arab Emirates, with its registered office at [Insert
Address] ((hereinafter referred to as "A&B TIMES The Company"), and
[Insert vendor trade name] registered in [Insert country] with its registered
office at [Insert Address] (hereinafter referred to as "The Vendor").
WHEREAS,
1.
Company operates a social
marketplace that utilizes unique and innovative Brand Blend Marketing Tools to
revamp the online shopping experience and offer an enhanced lifestyle to its consumers.
2.
Vendor desires to list and
offer its products or services on Company's social marketplace under the
conditions of this Agreement; and
3.
The Company is willing to
accept Vendor's products or services for sale on its platform, subject to the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration
of the mutual covenants contained herein, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Vendor Details:
1. Point of contact persons:
2. Valid phone number:
3. Complete bank account details:
4. Email address:
5. Business full address:
6. Valid Trade license Number:
7. Valid Trade license Expiry date:
These vendor details shall be
included as integral components within the vendor agreement, serving as
essential information for effective communication, financial transactions, and
official correspondence between the parties.
2. Terms and Conditions:
a. This
Agreement pertains to the inclusion of Vendor's product and service prices on
A&B TIMES's website. A&B TIMES will showcase and make available
Vendor's products or services for purchase through its website and mobile
application, subject to the terms of this Agreement.
b. This
Agreement constitutes the entire understanding between the parties regarding
the subject matter herein and supersedes all prior written or oral agreements.
Any changes to this Agreement must be made in writing and signed by both
parties.
c. The
duration of this Agreement is indefinite, and either party has the option to
terminate it by giving a 60-day written notice and settling any outstanding
invoices.
3. Product Pricing:
a. The Vendor shall have the authority to determine the prices of the
products and services when creating offers on The Company's website, and the
prices quoted should be the base prices exclusive of Value Added Tax (VAT).
b. A&B Times shall calculate the final sales price, incorporating
the applicable management charge, which shall not exceed 15% as the
agreed-upon Markup Percentage, and the calculated sales price will be visibly
presented to customers on the menu options.
4. Discounts:
a. The vendors shall offer discounts on their products or services, which will be subject to deduction by A&B Times.
b. A&B Times shall remit payment to the vendor calculated on the
basis of the vendor price, reduced by any relevant discounts, and inclusive of
VAT computed on the discounted price.
5. Policy Compliance:
a. The vendor shall be required to adhere to the pricing guidelines and accurately set the prices for his products and services on The Company’s website.
b. The vendor
shall be obligated to provide transparent and accurate information about any
discounts offered on his products.
a. The Vendor shall
submit his invoices to The Company in a clear and detailed format, including
all relevant information, which is not limited to the description of services
or goods provided, date of service, order reference number, and any applicable
taxes.
b. The Vendor shall send invoices to the designated email address or mailing address provided by The Company.
c. Upon receipt of
the Vendor's invoice, The Company shall promptly acknowledge its receipt to the
Vendor.
e. In accordance
with the terms of credit established with the vendor under this agreement, the
Company shall promptly clear valid and accurate invoices from the Vendor within
a reasonable period of receiving the services or goods.
f. On the date as
per the credit period agreed with the Vendor from the receipt of the invoices,
the Company will process payment. This payment will be carried out using the
bank transfer details furnished by the Vendor during the membership
registration.
g. The Vendor shall
be notified once the payment has been processed and initiated.
7. Dispute Management:
a. If a dispute
arises regarding the invoiced amount or services provided, The Company shall
promptly communicate with the vendor to seek resolution.
b. During the
dispute resolution process, The Company and the vendor shall work
collaboratively and in good faith to address the issues raised and reach an
amicable resolution.
c. If a resolution
is reached, The Company shall settle the agreed-upon amount within the defined
timeframe.
d. In cases where a
dispute cannot be resolved promptly, The Company shall communicate the reasons
for the delay in payment to the vendor and provide an estimated timeframe for
resolution.
8.
Exceptions:
The Company shall inform the vendor as
soon as possible in case of delays in invoice settlement due to exceptional
circumstances, unforeseen events, technical issues, or any other valid reasons.
The communication shall include the expected payment date.
9. Policy Review:
9.1 The Company shall conduct periodic reviews of this Vendor Invoice Settlement Policy to ensure its effectiveness and relevance.
9.2Any necessary updates or amendments shall be communicated to all relevant stakeholders. By providing services or goods to The Company, vendors acknowledge that they have read, understood, and agreed to abide by this Vendor Invoice Settlement Policy.