GINYU, GINYU Design, GINYU Art and its affiliates (“We”, “Our” , “GINYU” or or OH Creation & Design Co. Ltd & ON HING METAL), and run the GINYU Brand Ambassador Program (“Program”) on the GINYU current or future websites (i.e. www.ginyudesign.com, www.ginyuart.com, www.ginyuoffical.com, www.ginyu.com.hk, www.ginyu.ca, www.ginyu.com.tw, www.ginyu.com.au) (“Websites”).
By clicking on the “SEND” button below, you (“You” or “Brand Ambassador”) agree that the following terms and conditions shall apply to Your participation in the Program.
Nothing in these Terms and Conditions grants You any rights, including copyright, to any works or materials accessible on the Websites.
You acknowledge that you are acting as an independent contractor and you are not an employee or agent of GINYU for any purpose. You agree that you shall not make any representation regarding GINYU or any of the products or services available on the Websites.
You may only have one Program account (“Brand Ambassador Account”) at any one time. You agree to promote the applicable Websites and its products and services by displaying a GINYU voucher code unique to your Brand Ambassador Account (“Code”) which will be provided to you on your personal social media accounts on which you regularly publish your original content, including but not limited to Your YouTube channel, Facebook page, Instagram account, Twitter, Tumblr, Reddit, Vimeo, Linkedin Snapchat, Pinterest, LINE, BAND, Wechat, Weibo, Douban, DouYin, Tik Tok, Youku, Maimai, website, blog or other similar social media platform account under your name (the “Channels”).
The Channels strictly do not include coupon sharing websites, or other non-personal public platforms which You do not regularly publish your original content on. You may may advertise Your Code through online paid marketing such as Google’s Adwords.
The promotion of Voucher Code on the Channels must be accompanied with disclosure of Your participation in the BAP, for example with the hashtag #GINYUlegacy #GINYUBrandAmbassadors or #GINYUBAP or with any other statement to that effect, as well as a description of the key terms and conditions of the Voucher Code.
For each successful order completed on the Websites using the Code, You will receive 5% of the final value of the order, subject to a cap of US$10 per order (“Commission”). The final value of the order is the exact net purchase price after all discounts and refunds have been applied, and excludes shipping cost (if applicable). An order is considered successful only after 45 days have passed after the delivery of the order without any refund or return on the order. Commission will not be paid on the purchase of non-sale items set out in the Websites, and on the purchase of items sold by third party merchants.
We shall have the sole right and discretion to determine if a Code used in an Order qualifies for Commission. Users directed from cashback websites will strictly not be eligible for commissions. If we determine that the Code used was not derived from your Channel, no Commission will be payable.
You need to accumulate a minimum of US$50 in Commission in your Brand Ambassador Account before We can pay out the Commission to You. Commission earned will expire one (1) year after acquisition.
Commission can be paid out in two forms: a) cash through bank transfer to Your designated bank account details, provided that the name of the bank account holder matches Your name in the Brand Ambassador Account, or b) as store credit on the applicable Website. All payments will be made in the local currency to local bank accounts for the applicable Website (e.g. US$ for www.GINYDesign.com), any related correspondent bank charges will be charged against the beneficiary. We will not be responsible for any errors in payment which arise as a result of any wrong or missing information you provide to us.
We may request to review your personal identification documents to confirm that your name corresponds to the bank account holder name. If you fail to provide us with such documents, we reserve the right to withhold the payouts.
Cash payouts will take approximately 1 month from the date of redemption to complete. For illustration: cash payout requests submitted between the 10th and 24th of a calendar month will be processed by the 15th of the following month. For requests submitted between the 25th and 9th of each month, payout will be done by the 30th of the following month.
You shall be responsible for completing all relevant forms requiring completion by any taxation or other governmental authority in relation to Your participation in the Program.
TERMS OF VOUCHER CODE
Voucher Code is valid for one use made on the Websites per customer (“Customer”). Customer can be an existing GINYU account holder or a new GINYU account holder.
Voucher Code can only be applied with a minimum spend of US$50.
Voucher Code may be used on the Websites only and must be entered upon checkout to be effective.
Voucher Code is valid for one use per Customer only.
Voucher Code does not apply for items sold by third party merchants
You warrant that:
- a) all Your published content containing the Voucher Code (“Content”) will be Your own original work and creation and the Content does not infringe the rights (including without limitation, any intellectual property rights) of any third party;
- b) the Content does not defame or harm the reputation of GINYU or any third party;
- c) the Content does not violate any applicable law; and
- d) the Content does not contain any virus, trojan horse, worm, or any other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information.
We reserve the right to immediately terminate your participation in the Program and withhold payment of the Commission or forfeit Your accrued Commission for any breach of these terms, including Your fraudulent activities.
For avoidance of doubt, a fraudulent activity shall include, but not be limited to, the following situations:-
- a) You create multiple accounts on the Websites to redeem commissions via Your own Voucher Code.
- b) You place orders on behalf of other customers or users. Please note that the re-selling of items purchased using Voucher Codes is strictly prohibited. Each customer or user must create its own account in order for a Brand Ambassador to earn commissions.
We may request at any time and You shall provide all supporting documentation in relation to any breach or alleged breach of these terms. We reserve the right to terminate your participation and forfeit all accrued Commission for any failure to provide such supporting documentation within a reasonable period of time.
We may terminate your participation in the Program at any time for any other reason.
- Upon termination of a Brand Ambassador or the BAP, the Voucher Code shall immediately be invalid.
We shall not accept any liability for any damage, loss, injury or disappointment suffered by any Brand Ambassador entering the BAP or as a result of entering the BAP. By entering the Program, You agree that no claim relating to any losses or injuries (including special, indirect and consequential losses) shall be asserted against GINYU, its parent companies, affiliates, directors, officers, employees or agents from any and all losses, damages, rights, claims and actions of any kind resulting from the Program, including without limitation, personal injuries, death and property damage.
GINYU and its affiliates shall not be liable for any claims arising out of the breach of the Terms and Conditions.
You shall defend and indemnify GINYU against (i) all third party actions, claims, suits or proceedings arising out of, in connection with, or alleging infringement of any patent, copyright, trade secret, or other intellectual property right in any work or materials create by you in relation to your participation in the Program; and (ii) all liabilities arising out of or in connection with Your negligent performance or willful misconduct.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong, without giving effect to its conflicts of law principles. The parties shall try to resolve any dispute arising out of or related to these Terms and Conditions (“Dispute”) by negotiation in good faith within thirty (30) days of a notice of a dispute from either party, failing which either party may refer the Dispute to be finally resolved by arbitration administered by the government of the Hong Kong special Administrative Region (“HKSAR”) in accordance with the Arbitration Rules for the time being in force. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
ANTI-BRIBERY AND ANTI-CORRUPTION
Each party shall comply with:
- (a) all applicable laws, statutes, regulations and codes relating to anti-bribery
- (b) all applicable laws, statutes, regulations and codes relating to anti-corruption
USE OF PERSONAL INFORMATION
By participating in the Program, You agree to all the terms of our Personal Data Protection Policy as set out in the applicable Website and as may be amended from time to time (e.g. https://www.ginyudesign.com/policies/privacy-policy), and You additionally agree that:
- a) We may use your name and likeness for promotional and marketing purposes, and
- b) We may use all personal information submitted by you to us for administering your participation in the Program.