Reviewer Terms of Service Agreement

Background
“Product & Services Review” is a product and services reviewer recruitment programme by Digital 38 Pte Ltd (referred to as the “Agency”) under its ATC.social brand. Reviewers provide reviews on products and services sponsored by Agency’s client (referred to as the “Company”).

To participate in a Company’s product testing and review initiative:

    • Reviewers need to be above 18 years of age and will need to register their interest with the Company to test and review the Company’s products or services (referred to as the “Campaign”). Registration is free.
    • Shortlisted reviewers will be contacted by the Company or the Agency on the Campaign, Campaign fees/reimbursement and any additional information that may be required, such as but not limited to bank details for payment, delivery address, etc.
    • Campaign deliverables include but are not limited to product or service reviews on social media – comprising photo, video and text copies, video tutorial, etc.
    • Reviewer may receive product or token fees as remuneration which will be sent 30 days after completion of Campaign.

Terms & Conditions
By signing up and taking part in the Campaign as a Reviewer, you agree to be bound by these Terms & Conditions.

General Terms & Conditions:

    • You acknowledge and agree that by submitting the registration form, you consent (i) to be registered as an ATC member and to be added as an influencer/reviewer in ATC’s database; and (ii) to be featured across all ATC websites (atc.social) and social media platforms for promotional purposes.
    • You agree that all information provided is true, accurate and complete in all respects; and you will notify the Agency of any changes to the Personal Data. In event of unsuccessful product delivery due to inaccurate details provided, or failure to visit the Company at the prearranged time to sample the service, you may be removed from the Campaign.
    • You agree not to pretend to be any other person or entity or to use a false name or a name that you are not authorized to use.
    • You agree not to publish any defamatory, denigrating, offensive, obscene or, violent remarks, opinions or information, and more generally not to contravene any applicable laws or regulations or infringe on any other persons’ rights: including but not limited to:
      • You agree not to make available or give out illegal or wrong information, illegal or harmful programs or elements (such as virus, piracy or to illegally copy software).
      • In case of violation of any of these measures, your access to the Campaign could be suspended or cancelled.
    • Company and Agency have the right to refuse or withdraw the review from the Campaign at their absolute discretion on an immediate basis and without prior notice, if deceiving information, or erroneous on purpose, have been given by you. Upon termination, all materials (including but not limited to product samples) provided to you should be returned to Company. You shall not claim any liability or losses against Company and Agency unless agreed by Company or Agency on the amount of cancellation fee or the amount payable to you for work completed.
    • Company and Agency reserves the right to modify or interrupt or stop to the campaign, with or without prior warning. If this right is applied, you agree not to hold either Company or Agency responsible for any direct or indirect losses suffered by you or a third party.
    • Performance Standards:
      • You agree to perform the review in a professional manner and in accord with applicable industry standards, including but not limited to prompt follow up and responses, and delivery of work according to the agreed schedule. In the event that you fail to respond within five (5) consecutive working days from the date of latest correspondence from the Company or Agency, the Company and Agency will deem it as your disinterest in proceeding with the Campaign and the Company and Agency reserve the right to terminate your participation in the Campaign.
      • In the event that you fail to give confirmation via email upon receiving the product sample/s (for product review engagements) within five (5) working days or becomes uncontactable, the Agency reserves the right to take legal actions due to your failure to fulfil the Agreement.

Liabilities Limitations:

    • Any product sent, or services extended to you for review is meant for your own use. Consequently you are the only person responsible for the use of the product or service if you share it with family, relations or any other persons. You agree that the Company and the Agency are in any case not responsible for the use of the products or service. You are advised to follow the use recommended by the product manufacturer or the Company.
    • You agree not to hold the Company and the Agency responsible for any direct or indirect damages caused to you as a result of participation in the Campaign.
    • You can unsubscribe from the Campaign or Agency’s database by sending an email to [email protected] Any Personal Data held by the Agency will be destroyed and disposed of in a manner that complies with prevailing Personal Data protection laws.

Nondisclosure of Confidential Information:

    • The Company and you each agree not to use any Confidential Information disclosed to by the other party for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, the Campaign.

Ownership and Use of Materials:

    • “Materials” include but not limited to all original content – product reviews, photographs, videos, concepts, ideas, or executions in any form developed by you and submitted for the Campaign.
    • You retain the copyright to the Materials and grant the Company and the Agency a non-exclusive, perpetual and unlimited use of all Materials, including but not limited to rights to share the Materials on Company and Agency’s websites and/or social media platforms, and to run digital advertisements to boost or promote the Materials .

Applicable Law:

    • The Agreement is governed by, and construed in accordance with, the laws of Singapore. Any dispute arising out of or in connection with these Terms & Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”), which rules shall be deemed to be incorporated by reference in this Agreement. The arbitral tribunal shall consist of a single arbitrator to be appointed by the Chairman of the SIAC. The decision or award of the arbitrator shall be final and binding upon the Parties. The language of the arbitration shall be in English.