Terms and Conditions

  1. INTRODUCTION

    The following terms and conditions govern your access to and use of the Trendupp website, {www.Trendupp.com} (“the Site or the Platform”), including any content, feature, functionality, products and services offered by Trendupp. Trendupp (and all its subsidiaries, authorized agents and officers) are herein collectively referred to as “Trendupp”, “our”, “we” or “us”.

    The Platform is created to bridge access between company brands, creators, designers, and social media influencers. For the purpose of these Terms and Conditions, “you”, “your”, “User” refers to all persons, parties, company brands, designers, developers, content creators, social media influencers and all other entities that visit, access or make use of the Platform and any of its contents or features.

    Please read these Terms and Conditions and Our privacy notice (“Privacy Notice”, “Privacy Policy”) with respect to the access and use of Our Platform carefully before using the Platform. If you do not agree with the Terms or the Privacy Notice, please do not use Our Platform.

    By using this Platform or accessing the Site and any of its features, you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Notice, and any other applicable documents referenced in the Terms and Conditions.

    In the event of any discrepancy between the Terms and any other policies with respect to the Services or Products, the provisions of the Terms shall prevail.

  2. PRIVACY NOTICE

    Trendupp is committed to safeguarding the privacy of your information at all times.

    The Privacy Notice explains how we use the information we collect about you and procedures that we have in place to safeguard your privacy, and personal information.

    We collect information from you when you register as a User of Trendupp.

    When registering on the website or signing up to use our services, you may be asked to enter details which include your name, e-mail address, mailing address, phone number, financial information and this information may be used for dealing with your enquiries, billing purposes and your request for our services. If we have trouble processing your request for our services, the information may be used to contact you.

    We may also utilize your information:
    • to personalize your experience: your information helps us to better respond to your specific needs;
    • to help us identify and provide the type of service offerings in which you are most interested;
    • to process your request for our services;
    • to make the site easier for you to use by not having to enter information more than once;
    • to enable us, help you create the content most relevant to you;
    • to send periodic emails and marketing materials regarding your interest in Trendupp services.
  3. ACCESS TO THE TRENDUPP PLATFORM

    The use of the Platform is intended solely for persons who are 16 years or older. Any access to or use of the Platform by any person under 16 years is expressly prohibited. By accessing the Platform and/or any of its features, you represent and warrant that you are 16 years or older.

    You may require an account for most activities on this Platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You shall not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

    If you share your account login credential with someone else, you are responsible for what happens with your account and we will not intervene in disputes between users who have shared their account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us. We may request some information from you to confirm that you are indeed the owner of your account.

    We try to ensure that the Platform is available to you at all times, though we can't promise that it will always be available or work perfectly (for example, in the case of maintenance, or a fault in the systems used to provide the Platform). These events are sometimes outside of our control.

  4. INTELLECTUAL PROPERTY

    All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the services provided by this Platform (the “Intellectual Property Rights”) shall, vest in Trendupp.

    The content of this Platform including but not limited to computer programs, technology, data file, techniques, algorithms, methods, codes, logos, marks, trade secrets, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, are protected as a collective work or compilation under Nigerian copyright and other relevant conventions and treaties. All individual content, modules, articles, and other elements, including all software available on this Platform or used to create and operate this Platform is and remains the property of Trendupp, excluding third-party materials used to create contents on our Platform.

    Trendupp reserves the right to use any computer programs, technology, data file, techniques, algorithms, methods, codes, logos, marks, trade secrets, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement uploaded to the Platform and the User consents to the usage of any of these, unless and until deleted from the Platform.

    All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on this Platform are the property of their respective owners. A User may only use such marks with the prior written consent of the owner.

    Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of it by Trendupp. You agree to abide by all applicable copyright laws, as well as any additional copyright notices or restrictions contained on this Platform. You acknowledge that this Platform is developed, compiled, prepared, revised, selected, and arranged by Trendupp and its partners and constitute their intellectual property. You agree to protect the proprietary rights of Trendupp and all others having rights in this Platform during and after the term of these Terms and to comply with all reasonable written requests made by Trendupp or its suppliers and licensors of contents (“Affiliates”).

    In a bid to protect Your copyright as well as the copyright of other Users, You agree to notify Trendupp in writing promptly upon becoming aware of any unauthorized access or use of this Platform by any individual or entity.

    All present and future rights in and title to this Platform (including the right to exploit this Platform and any portions of it over any present or future technology) are reserved to Trendupp for its exclusive use. Except as specifically permitted by these Terms, You may not copy or make any use of this Platform or any portion of it, without prior written approval from Trendupp.

    You shall not upload, post or otherwise make available on this Platform, any content protected by copyright, trade mark or other proprietary rights without the express permission of the owner of the copyright, trade mark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By providing any material to this Platform, You automatically grant or warrant that the owner of such material has expressly granted You a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or to be developed in the future for the full term of any copyright that may exist in such material.

    You agree to indemnify, defend, and hold harmless Trendupp, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Trendupp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Trendupp and you agree to cooperate with Trendupp’s defense of these Claims. You agree not to settle any matter without the prior written consent of Trendupp. Trendupp will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

  5. RELATIONSHIP BETWEEN TRENDUPP & COMPANY BRANDS

    A Company Brand ( referred to as a Buyer) may not offer direct contracts to content creators, designers, developers and social media influencers ( referred to as Sellers), outside of the Trendupp Platform.

    Trendupp reserves the right to use all publicly published works on the Platform for Trendupp marketing and promotional services.

    A Company Brand may request for proposals using the “Post a Request” feature. Services requested by a Company Brand must be an allowed service on Trendupp. Users should refrain from using the “Post a Request” feature for anything other than requesting for a service.

    1. Purchasing

      A company brand pays Trendupp to create an order from a Seller’s proposal page or Custom Offer, using the Order Now button or through the Logo Maker. Trendupp partners with Payment Services Providers for purposes of collecting all payments from a Company Brand, transferring such payments from the Company Brand to Sellers, and holding funds in connection with Trendupp Balances. All payments services in connection with the collection of funds on the Trendupp platform are performed by Trendupp’s Payment Services Providers.

      Trendupp serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from a Company Brand, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Trendupp (or its Payment Services Provider, as applicable), and Trendupp (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Trendupp (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Trendupp and not the Company Brand directly.

      In addition, Company Brands can request a Custom Order which addresses specific Company Brand requirements, and receive a Custom Offer from Sellers through the site or through Trendupp Anywhere.

      In most locations, purchases on Trendupp can be made by using one of the following payment methods: Credit Card, PayPal, Trendupp Credits or existing Trendupp Balance. Additional payment methods may apply in certain locations.

      Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of March 2020, the current fees assessed to the total purchase amount is a sum of 15% all on purchases.

      Your existing Trendupp Balance (If any) will be automatically applied to your next purchase.

      You may not offer Sellers to pay, or make payment using any method other than through the site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support (info@trendupp.com).

      To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Trendupp or Trendupp’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. Trendupp is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.

      By using any payment method and/or providing payment details for making purchases on Trendupp, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Trendupp; and (d) such actions do not violate any applicable law.

    2. Local Currencies

      Buyers may pay on Trendupp in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Trendupp’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in Naira even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.

      Company Brands should note that all prices on Trendupp are derived always from their original Naira price and, therefore, non-Naira currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Company Brands always have the option to pay in Naira by changing their selected displayed currency.

      If you paid for an Order in a currency other than Naira and your Order was later cancelled for any reason, the amount returned to your Trendupp Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same Naira value.

      Your Trendupp Balance is always valued in Naira, even if it is displayed in a non-Naira currency. Therefore, should you choose to view your Trendupp Balance in any currency other than Naira, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same Naira value. Users always have the option to view their Trendupp Balance in Naira by changing their selected displayed currency.

    3. Trendupp for Business {Subject to Review}

      Trendupp for Business helps you and your team to better manage your purchases and projects on Trendupp. Through Trendupp for Business, Company Brands can create and manage business teams in which all members may use a shared payment method. Once an agent or officer of the Company Brand creates a business team, they become the sole owner and administrator of the team.

      When inviting another User to a business team, the administrator authorizes such User to use the team’s shared payment method. Business teams may be subject to a monthly budget limitation, as defined by the administrator. Administrators can invite and remove Users on their business team (s) at any time. It should be noted, however, that removing a User from a business team does not delete or affect their Trendupp account in any way, but only removes them from the administrator’s business team.

      Invited Users are asked to confirm their invitation to a business team and provide their names and roles in business before joining. Invited Users should note that all business team members have access to information about purchases made within the team through the shared payment method.

      Invoices for purchases made by Users using the team’s payment method will be issued in the name of the business defined by the administrator and sent solely to the administrator.

    4. Taxes

      Company Brands may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Company Brand before payment.

      Company Brands agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

    5. Dispute Resolution/Refund Policy

      Where a dispute arises between Users through this Platform, you hereby agree that such dispute shall be governed by the Arbitration Laws of Nigeria, without regard to any conflict of laws’ provisions.

      Where a claim for refund arises from any User, you hereby agree that such claim can only be resolved by Trendupp after a notice of dispute is sent to the Trendupp’s Complaints Contact at {insert Customer Care Contact details}.

  6. RELATIONSHIP BETWEEN TRENDUPP & CONTENT CREATORS, DESIGNERS, DEVELOPERS, AND SOCIAL MEDIA INFLUENCERS (REFERRED TO AS SELLERS)

    Sellers create Campaign Proposals on Trendupp to allow Company Brands to purchase their services.

    Sellers submit Campaign Proposals with respect to the Buyers budget Which may/may not be subject to negotiations or change.

    Each Proposal you sell and successfully complete, accredits your account with a net revenue of 100% of the purchase amount/budget.

    Trendupp accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.

    If an order is cancelled (for any reason), the funds paid will be returned to the Company Brand’s Trendupp Balance.

    Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.

    Sellers may not promote their Proposals or any Trendupp content via the Google Ads platform.

    Sellers may withdraw their revenues using one of Trendupp’s withdrawal options (see Withdrawal Section below regarding payment terms). –{Subject to Review}

    The Seller's rating is calculated based on the order reviews posted by Company Brands. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.

    For security concerns, Trendupp may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Company Brands, or associating multiple Trendupp accounts to a single withdrawal provider.

    Appointment as Limited Payment Collection Agent: Seller hereby appoints Trendupp as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from the Company Brand, and remitting those payments to Seller. Seller agrees that payment from Company Brand to Trendupp shall be considered the same as payment made directly to Seller. Company Brand’s payment obligation to Seller will be satisfied upon receipt of payment by Trendupp (or its Payment Services Provider, as applicable), and Trendupp (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Trendupp (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Trendupp and not the Company Brand directly. Seller agrees that Trendupp may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Company Brands that Trendupp may deem necessary or prudent.

    Trendupp partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Trendupp Balances. All payments services in connection with the withdrawal of funds on the Trendupp platform are performed by Trendupp’s Payment Services Providers.

    Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

    Proposals and/or users may be removed by Trendupp from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Proposals
    • Spam, nonsense, or violent or deceptive Proposals
    • Proposals misleading to Company Brands or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Company Brands
    • Services that extend beyond 30 days of service duration
    • Exceedingly low quality Proposals
    • Promoting Trendupp and/or Trendupp Proposals through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

    Proposals that are removed for violations mentioned above, may result in the suspension of the Seller’s account.

    Proposals that are removed for violations are not eligible to be restored or edited.

    Proposals may be removed from our Search feature due to poor performance and/or user misconduct.

    Proposals may include pre-approved website URLs contained within the Proposal description and requirements box. Proposals containing websites promoting content, which violates Trendupp’s Terms of Service and/or our Community Standards, will be removed.

    Proposals are required to have an appropriate Proposal image related to the service offered. An option to upload two additional Proposal images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Proposal images. Recurring deliveries that don’t match the quality shown on the Proposal images may lead to the Seller’s account losing Seller status or becoming permanently disabled.

    Proposals may contain an approved Proposal Video uploaded through the Proposal management tools available on Trendupp.

    Statements on the Proposal Page that undermine or circumvent these Terms of Service is prohibited.

    Eligible Sellers in select Categories may set up Proposal Packages to offer their services in structured formats.