GUYBRUSH LIMITED
TRADING AS "AGORA"
GENERAL TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM

The following general terms of use and legal information (hereinafter "Terms of Use") govern the use and access to the website​ and the corresponding mobile application AGORA (hereinafter referred to collectively as "the Platform").

What's in these terms?

These terms tell you the rules for using our Platform.

Who we are and how to contact us

The Platform is operated by Guybrush Limited ("We"). We are registered in England and Wales under company number 11780909 and have our registered office at 2, Eastbourne Terrace, Paddington, London, W2 6LG United Kingdom.

AGORA is a beauty focused social commerce platform and marketplace that aims to provide community members (hereinafter “Users”) a platform to create and share shoppable beauty videos and to shop and discover new products to buy or redeem.

To contact us, please email or telephone us at [email protected].

By using the Platform you accept these terms

By using the Platform, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use the Platform.

There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of the Platform:

Our Marketplace Terms and Conditions sets out information about purchases made on our platform.

We may make changes to these terms

We amend these Terms of Use from time to time. Every time you wish to use the Platform, please check these Terms of Use to ensure you understand the terms that apply at that time. These Terms of Use were most recently updated in September 2021.

We may make changes to the Platform

We may update and change the Platform from time to time to reflect changes to our Users’ needs and our business priorities. In particular, we reserve the right to modify at any time without prior notice, the structure, configuration and design of the Platform.

We may suspend or withdraw the Platform

The Platform is made available free of charge.

We do not guarantee that the Platform, or any Content on it, as defined in the section entitled "Who is responsible for Content on the Platform"), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Who may use the Platform

No one under the age of 15 may create and account on the Platform. If we believe that an account holder may be under 15 years old, we reserve the right to require you to provide evidence of your age and to terminate your account in the event that you are under 15.

Failure to provide truthful information when registering an account constitutes a breach of the Terms of Use, which may result in immediate termination of your account on the Platform.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable your account or any user identification code, username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code, username or password, you must promptly notify us on [email protected].

How to terminate your account

In order to terminate your account, you can do so at any time by sending an email to [email protected]​. The email should include your mobile number, email address used to submit your Content, as defined in the section entitled "Who is responsible for Content on the Platform", and full name.

We may terminate your account

We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms of Use, the Marketplace Terms and Conditions, Community Guidelines, or other internal policies.

Who is responsible for Content (as defined below) on the Platform

The Platform allows you to post and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Platform, including its legality, reliability, and appropriateness.

Whenever you upload Content to the Platform, or make contact with other Users of the Platform, you must comply with the Content standards set out in the section entitled "User-generated Content respects the rights of others".

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Content you upload to the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but, by posting Content to the Platform, you grant us, other Users of the Platform and third parties a royalty-free, perpetual, worldwide, irrevocable, unconditional, fully transferable, non-exclusive licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute in any language and to authorise others Users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Content in any format and on any platform, either now known or hereinafter invented. You grant AGORA this licence subject to your rights to have Content removed, as explained in the Privacy Policy. Modifying could include but is not limited to translating, resizing (for technical purposes, for example making sure your Content is viewable on any device), watermarking or changing the product tag, as deemed appropriate in our sole discretion. This is a licence only, as your ownership in your Content is not affected, so you may continue to use and share it on other platforms for your own purposes.

By posting Content to or through the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you post to or through the Platform.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

You represent and warrant that: (i) the Content you post to the Platform is yours (you own it) or you have the right to use it and grant us the rights and licence as provided in these Terms of Use, and (ii) the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) the relevant Content does not contain any misrepresentation or suggestion that you have the approval or sponsorship of any other entity which you do not have, and (iv) any and all opinions and views stated in the relevant Content are genuinely held by you; and (v) the Content you post to the Platform is not used in a manner which is prohibited under the section entitled "User-generated Content respects the rights of others".

User-generated content is not approved by us

The Platform includes Content uploaded by other Users of the Platform. This Content has not been verified or approved by us. The views expressed by other Users on the Platform do not represent our views or values.

If you wish to complain about Content uploaded by other Users please contact us by email at [email protected]​.

User-generated Content respects the rights of others

You may not use the Platform, or enable anyone else to use it, in a manner that:

We do not monitor or control Content. Notwithstanding the foregoing, we reserve the right to cancel, withdraw or not to publish, at any time and without notice to you, any Content we deem, in our sole discretion, as unsuitable or that violates these Terms of Use, the law or any rights of third parties.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it, including without limitation the Content of other Users. Those works are protected by trademark and copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others to Content posted on our site.

You must not modify the paper or digital copies of any materials or Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors or Users) as the authors of Content on the Platform must always be acknowledged.

You must not use any part of the Content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials, or Content, you have made.

Do not rely on information on the Platform

Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Platform is accurate, complete or up to date.

We do not represent that Content available on or through the Platform is appropriate for use or available in locations outside of the United Kingdom.

We are not responsible for websites we link to

Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Coins and Product Redemption

AGORA rewards you, the user, for submitting Content, inviting your friends and other behaviors. Rewards will be given in the form of virtual coins or incentives to be used on the AGORA mobile application. The coins will be redeemable against free products or other goods or services (collectively referred to as an item) that are as stated on the Platform using the Product Redemption feature on the mobile application. By redeeming your virtual coins for products or services on the platform, you are accepting these Terms.

Use of Coins. You can only redeem one item, regardless of color or other variant, offered per day or sales period, as specified. The coins are not transferable. These coins have no cash value and no cash or other alternatives will be offered for this item. You cannot transfer, substitute or redeem rewards for cash. AGORA has the right to revoke, amend or cancel coins or the rules governing them at any time, at its sole discretion.

Items will be provided on a first-come, first-serve basis and are subject to availability, so once an item has been depleted such item may no longer be available. You may only redeem an item using your coins THREE times per month. You may only redeem a Mega Treat ONCE per month.

Eligibility. You may only redeem your coins for an item if you have a shipping address in the United Kingdom.

By redeeming coins for an item, you represent that you are 15 years of age or older.

Expiration of Coins. The coins expire one year from the date you receive them.

Disingenuous Use of Coins. The intention of our coins is to reward real users for legitimate activities such as referring their friends to join AGORA. We reserve the right to revoke coins or suspend your account should we suspect you of disingenuous behaviour at our sole discretion. Disingenuous behaviour could include but is not limited to:

  1. Referring yourself to earn coins
  2. Referring email addresses that do not belong or are used by a genuine person
  3. Creating fake AGORA accounts to earn coins
  4. Uploading videos that do not respect our content guidelines
  5. Unauthorised use of an AGORA account other than your own and use of their coins

Data sharing. Please note that product redemption is optional. By redeeming coins for an item, you acknowledge and agree that we might share your personal data and content with the brand / product supplier who is providing those items to us as well as any fulfillment agent.

Please see our Privacy Policy

Items may vary slightly from their pictures or the description. The images and description of the items on our platform are for illustrative purposes only. Although we have made every effort to convey the colours and description accurately, we cannot guarantee accuracy. Your items may vary slightly.

Your rights to make changes. You cannot cancel your redemption or return your redeemed items. Coins will not subsequently be reissued. If you wish to contact us for any other reason regarding your redeemed items, please contact us at [email protected] with the subject "Product Redemption."

Our rights to make changes. We may change the items and the item description on our platform to reflect changes in relevant laws and regulatory requirements. We reserve the right to amend the coin rules at any time with our sole discretion. We may decide to ban you from or not honor your product redemptions at our sole discretion for reasons including but not limited to suspected fraudulent or disingenuous behaviour.

All redeemable item details are at our sole discretion. We reserve the right to substitute a redeemable item of comparable or greater value, at our sole discretion.

Providing the items. The costs of delivery of the redeemed item will be borne by AGORA, unless you are informed otherwise. If they are not borne by AGORA, all references in these Terms of Use to "we", "us" and "our", shall be deemed to refer to the bearer in that context. During the redemption process, we will request your shipping address and email address. The items will be delivered as soon as reasonably possible and in any event within 30 days after the day on which you redeemed your coins for your product. We accept no liability where you provide an incorrect delivery address or where you fail to collect the items from the delivery address which you specified.

We are not responsible for delays outside our control. If the supply of the items is delayed by an event outside our control we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to receive a virtual coin refund for any items you redeemed but did not receive.

We are not responsible for the item. Following the successful delivery of a redeemed item, we have no responsibility for the standard, quality or otherwise of any goods. If you believe damage has been caused during shipping, please contact us at [email protected] with the subject "Product Redemption."

When you become responsible for the items. The items will be your responsibility from the time the items are delivered to the address you gave us.

How to tell us about problems.We are under a legal duty to supply items that are in conformity with this contract. Nothing in these terms will affect your legal rights. If you have any questions or complaints about an item, please contact us by email at [email protected] with the subject "Product Redemption."

Liability. We are not liable for losses due to Product Redemption. We only supply the items for domestic and private use through our platform. The items cannot be used for any commercial, business or resale purpose.

The documents sent with an item, or the packaging or labelling of an item may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the items do so. We will not be legally responsible to you if any of these are not observed.

We are only an intermediary between the brand / item supplier and you. We are not liable for any damages caused directly or indirectly by the redeemed items.

Our responsibility for loss or damage suffered by you

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy​.

WWe are deeply committed to compliance with personal data protection regulations and hereby guarantee full compliance with the obligations set forth, as well as the implementation of the security measures provided for in the European Data Protection Regulation. ​Privacy Policy​

Rules about linking to the Platform

You may link to the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Platform in any website that is not owned by you.

The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of Content on the Platform other than that set out above, please contact [email protected].

Affiliate Partners

As an potential AWIN Affiliate Publisher, AGORA may earn from qualifying purchases from ASOS and Look Fantastic, a part of The Hut Group.

Which country's laws apply to any disputes?

These Terms of Use, their subject matter and their formation and any disputes, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with any matters or disputes relating to these Terms of Use.