TERMS OF USE

Welcome to LetsBab

1. WHAT IS LETSBAB?

We provide you with the LetsBab products, features, applications, services, technologies, and software so you can recommend products and services to your friends and allows you to generate an income and rewards with the opportunity to donate to charity (the Service).

These legal terms (the Terms) are between you and 151 Fifth Limited (LetsBab, us, we) and you agree to them by using the LetsBab app. You should read this document along with our  Privacy Policy.

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms. If you do not accept these Terms and Conditions, you will not be able to use the Services. By choosing to use the Services, irrespective of your place of residence, your use of the Services is occurring in the United Kingdom and will be governed by this Terms and the laws of England and Wales. Any use of currencies other than the UK pound sterling are purely for your ease of reference. If you continue to use our Services or App, we will take this as your acceptance of these Terms.

2. HOW TO CONTACT US:

Questions about the Terms? Contact us..

We are here to answer your questions.

Full name of legal entity: 151 Fifth Limited
Email address: hello@letsbab.com
Postal address: 123 Buckingham Palace Road, London SW1W 9SL

We’ll contact you in English through your email, phone or home address. Please let us know if any of these contact details change.

3. OUR COMMITMENT TO YOU:

LetsBab lets you earn cash or donate to a charity by recommending products to your network. LetsBab is the first peer-to-peer social commerce app that means that every successful purchase generates income and rewards for you and gives you the opportunity to donate to charity. If you choose to receive your reward in the form of a payment, see “Receiving a payment” below.

Receiving a reward. When you share a recommendation with a friend and it results in a qualified purchase (that isn’t returned, exchanged or otherwise), your LetsBab reward shall be 5% of the sale (net promotions, codes, vouchers, or any other discount applied to the qualified purchase) from the Vendor from which the qualified purchase was made. For each qualified purchase, you generate cash and/or you can donate some or all of your reward to charity. The Vendor shall pay 6% of the qualified purchase price to LetsBab, following and conditional upon that payment you will then be paid 5%of the qualified purchase price by LetsBab (payment processes are set out below) and LetsBab shall retain 1% of the qualified purchase price in consideration of the services provided. LetsBab is acting as an agent for the Vendor here.For the avoidance of doubt, if for any reason whatsoever the Vendor fails to pay the amount due to LetsBab in respect of a qualified purchase, LetsBab will not be under any obligation to pay or cause to be paid any amount due to you in respect of that qualified purchase. If you are in the UK and download the app from the UK App Store or Google Play Store, then your rewards will be paid to you in GBP. If you are in the USA and download the app from the US App Store or Google Play Store, then your rewards will be paid to you in USD. If you download the app outside of the US and the UK, on either the App Store or the Google Play Store, then your rewards will be paid to you in USD.

Donating to charity. If you’ve chosen to donate some or all of your reward to your designated charity, this will be paid out each month and the amount will be shown in your “Next Donation”. You understand and acknowledge that any funds donated by you is voluntary and you have opted to donate certain monies earned through LetsBab. Such donations made by you shall be for the benefit of such charity that you have nominated. You will have individually selected the charity you wish to donate to and the percentage contribution you wish to make to your nominated charity. These two elements can be changed by you as at each instance where monies are earned through LetsBab. Therefore, you understand that any precise notifiable amount and the method of which it was determined shall be set out by LetsBab per payment made to the charity. LetsBab does not influence or control the amount or the contribution made to any charity by you or any other user. However, where a donation is made by you to a charity on LetsBab, the donation shall be made to the charity by LetsBab on your behalf in accordance with the timing and terms set out in agreement between LetsBab and the respective charities. LetsBab does not take a fee for any charitable donation made or paid to any of its charity partners.

Receiving a payment. If you’ve chosen to receive your reward in the form of payment, any payment shall be made to you through the bank account details you provide in app, or such other account you provide to us and by agreeing to these Terms, you are giving us and our third party payment providers permission to pay this account for the rewards earned as part of our Service.
Your aggregate compensation can be found in your rewards section of the app and will be updated at least once a day. Each month, you will be paid the amount shown in your “Next Payment” into your account details of which you provided to us. Your first payment will be made 45 days after your first qualified purchase. After that, when a payment is due to you, you will be paid on the same day of the month (or the immediate business day after that, if it’s a weekend), each month after that. For example, if your first qualified purchase (i.e. a successful recommendation that isn’t returned), occurs on 1 April, then you’ll receive your first payment on or around 15 May. For every payment over £/$10 after that, you’ll be paid on the 15th day of the relevant month.

Payments may be unable to be made to you if:

  • you haven’t set up your bank or alternative LetsBab approved account or have included any incorrect bank account details
  • we suspect that you broke the Terms or were involved in criminal activity on your account
  • we’re not legally allowed to make the transfer

If your payment is blocked, we’ll let you know as soon as possible.

If you fail to set up your bank account details or include incorrect details, it won’t be possible to pay you. We will do our best to follow up with you but do ensure your bank details are included and kept up to date and are correct when you enter these, as this is your responsibility.

Third party payment providers. We use third parties to ensure that you’re paid in accordance with these Terms. These third parties are regulated and authorised, amongst others, by the UK Financial Conduct Authority (FCA) as Electronic Money Institutions. These third party providers are trusted providers, who carry out the money remittance and the transfers of monies to be paid to you. All of these payments they make to you are secure transactions and our third party payment providers will not use your personal information except for purposes of making payments to you or reporting case of fraud to the police. Neither we nor our affiliates or subsidiaries provide payment services or are payment service providers and we don’t offer or hold out to offer any financial services and do not provide any services in respect of any regulated activity and will never use any monies earned by you and paid by the Vendor except to pay you and/or your nominated charity. By accepting these Terms, you agree that immediately prior to any payment made to you, you provide an explicit instruction to make payment to you for payment of any rewards to be made as part of your “Next Payment”. LetsBab is acting as commercial agent here.

Tax. You confirm that you are a person who is over 18 years old, are not acting on behalf of anyone else, whether person or legal entity or corporation, and are not VAT or equivalent tax registered. The rewards paid by LetsBab to you under these Terms may be subject to taxes. You will be solely responsible for payment of the taxation of these rewards obtained in LetsBab and discharges LetsBab of any tax liability for the payment of remuneration derived.

US tax. If you are a US citizen donating to a US charity, to the extent you wish to include any LetsBab related charitable contribution in a tax claim, please contact us should you required additional information. In respect of any such request, you agree that we can use your personal details to provide you with the necessary documentation.

4. YOUR COMMITMENT:

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use LetsBab? We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the LetsBab community.

  • you must be at least 18 years old and have only one registered account with LetsBab
  • you must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing
  • we must not have previously disabled your account for violation of law or any of our policies
  • you must not be a convicted sex offender
  • you can register using by using your email address and a password or through an existing social media account (for example, Facebook). If you register with a social media account, you must allow the Service to access account information.

How You Can’t Use LetsBab? Providing a safe and open community means that we must all do our part. You are responsible for all content posted and activity that occurs under your account and it means that:

  • you can’t impersonate others or provide inaccurate information and you can’t create an account for someone else unless you have their expressed permission
  • you must provide us with accurate and up to date information (including registration detail and bank account or alternative LetsBab required account information, otherwise you can’t be paid)
  • you can’t fraudulently use the Service, including the reward system to obtain revenue from fake purchases, whether through fake users or any forms of suspicious or unauthorised behaviour
  • you can’t do anything unlawful, misleading, libellous, fraudulent, defamatory, abusive, obscene, racist or otherwise offensive or for an illegal or unauthorized purpose or to violate any fundamental rights to the honour, image and personal and family privacy of third parties and, especially of underage persons
  • you can’t violate (or help or encourage others to violate) these Terms or our policies. If you want to report conduct or content, get in touch with us through any form in the “How to contact us” section.
  • you can’t do anything to interfere with or impair the intended operation of the Service
  • you can’t be a robot and you must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted and you can’t use false identities or impersonate others or attempt to create accounts or multiple accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our expressed permission
  • you can’t use the Service to injure, defame, intimidate, violate the self-image of or harass anyone else, including sending others any communication for commercial purposes, or provide or send email addresses to third parties without their consent
  • you can’t breach any advertising regulation, administrative regulations and advertising self-regulation and can’t make “influential” comments contrary to lawful competition
  • you can’t attempt to buy, sell, or transfer any aspect of your account or solicit, collect, or use login credentials or badges of other users, or scrape (extracting data from our Service through an automated process) whether for spamming purposes selling users’ personal information or otherwise
  • you can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property rights and email accounts

You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved. LetsBab will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under the Terms, whether or not we have been informed of the possibility of such damages and will not have any liability for any failure or delay due to matters beyond our reasonable control. Please read this section carefully; it limits our obligations to you. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

  • the use, disclosure, or display of your user-generated content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service

You agree that nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you or us or authorise any party to make or enter into any commitments for or on behalf of any other party. You confirm you are acting on your own behalf and not for the benefit of any other person.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of these Terms.

Permissions You Give to Us. As part of our Terms, you also give us permissions that we need to provide the Service.

  • we do not claim ownership of your content, but you grant us a license to use it
  • we do not claim ownership of your content that you post on or through the Service. You still have control over your content, and responsibility for it. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings)
  • permission to use your username, profile picture, and information about your relationships and actions with accounts
  • you give us permission to use your username, profile picture, and information provided about your actions or relationships next to or in connection with payments to be made to you, any tax obligations or accounts that you follow or engage with that are displayed on LetsBab, without any compensation to you
  • you agree that we can download and install updates to the Service on your device
  • we have the right to remove content or close Accounts if we need to

You can end the license any time by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.

Our Additional Rights

  • if you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user or is offensive or otherwise contrary to morality or public order)
  • if you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours)
  • you can only use our intellectual property and trademarks or similar marks as expressly permitted by the Terms or with our prior written permission, for which you should contact us as set out in Section 2
  • you must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us
  • you agree to granting us a limited license to access and make personal use of the platform and the Services, also to download the mobile application. This license only grants the essential intellectual property rights for the purpose of complying with these Terms (right of use and unique reproduction of the mobile application in a single backup device) it is non-exclusive, global and its duration is limited only to the validity of the contractual relationship with LetsBab users
  • under these Terms we may provide you with links to other websites operated by third parties. Since, these linked sites are provided by our Vendor partners and aren’t under our control, we can’t be responsible for the third party or linked content. You shall not hold us responsible for any products you purchase at or via any third-party sites, regardless of whether you obtained the link to such products via the Services
  • we may use the information you provide us to make a payment to you and/or your nominated charity
  • We may close your account by giving you at least two months’ notice. We may close your account or stop you using the app immediately if we believe you’ve:
    • broken these Terms
    • put us in a position where we might break the law
    • broken the law or attempted to break the law
    • given us false information at any time
    • been abusive to anyone at LetsBab or a member of your or our community.
  • For US citizens: any claim or dispute between you and us that arises in whole or in part from the Services shall be decided exclusively before a Judge in a court of competent jurisdiction located in New York. You will not have the right to elect that a jury decides your claim. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class of representative proceeding.

5. CONTENT REMOVAL AND DISABLING OR TERMINATING YOUR ACCOUNT

  • we can remove any content or information you share on the Service if we believe that it violates these Terms, our Privacy Policy and rules governing the protection of personal data or other policies or we are required by law or regulation to do so. LetsBab will not be responsible for any consequences or damages that may arise from such access or illicit use by third parties
  • we can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately if you: clearly, seriously or repeatedly violate these Terms, our policies, a third-party’s rights, including intellectual property if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law
  • content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.

If we take action to remove your content for violating our policies, or disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, get in touch on the “How to contact us” section (Section 2).

6. OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

Our Agreement.

  • we own the Service (except to the extent our third party providers aid in payment) and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed
  • if any aspect of these Terms is unenforceable, the rest will remain in effect.
  • any amendment or waiver to our Terms must be in writing and signed by us. If we fail to enforce any aspect of these Terms, it will not be a waiver.
  • we reserve all rights not expressly granted to you.

Who Has Rights Under these Terms.

  • these Terms do not give rights to any third parties
  • you cannot transfer your rights or obligations under these Terms without our consent
  • our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

  • we will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts, losses which are not reasonably foreseeable by you and us at the time of entering into these Terms, any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our Service and events beyond our reasonable control
  • the above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.

7. HOW WE WILL HANDLE DISPUTES

If you have a complaint, please contact us and we’ll do our best to fix the problem. [If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (claim), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, ]you agree that the claim must be resolved in a competent court in the United Kingdom and that the laws England and Wales will govern these Terms and any claim, without regard to conflict of law provisions.

We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

You will be solely responsible for the access to and proper use of your profile and other contents on the LetsBab, subject to the law, whether national or international, as well as the principles of good faith, morals, good customs and public order. Specifically, but without limitation, they agree to diligently observe these Terms.

Users will refrain from using their profile and content and the Services, for purposes or effects (a) other than to share photos, opinions and purchasing decisions relating to products available in the app or (b) that are unlawful or harmful to the rights and interests of others, or in any way damage, disable, affect or impair the app, its contents and services. It is also prohibited to use the appin any way that prevents or hinders the proper functioning of the appor the normal use or enjoyment of the appto other users.

8. THE DATA POLICY

Providing our Service requires collecting and using your information. The Data Policy explains how we collect, store, use or disclose personal information. It also explains the many ways you can control your information.

9. MAKING CHANGES TO THESE TERMS

These Terms will always be available in the app and on our website. We may change our Service and policies, and we may need to make changes to these Terms so that they reflect our Service and policies. If we make changes to it that are clearly in your favour, we’ll tell you once we’ve made them. Otherwise, unless required by law, we’ll give you at least two months’ notice before we make changes to these Terms and give you an opportunity to review them before they are put into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you don’t agree to these changes, you can let us know and we’ll close your account and transfer any money owed to you in your LetsBab account to your bank account or other LetsBab approved account.

10. CLOSING YOUR ACCOUNT

Your steps. To close your account, please get in touch with us.

Users may unsubscribe from the Platform at any time by sending an email to hello@letsbab.com with the email subject “Unsubscribe” and including in the body of the email the username and email or username on the social media account used when registering on the Service.

The fact that a user is unsubscribed or the user him/ herself unsubscribes involves the termination of the Terms (although clauses which are intended to continue to have legal implications will continue to apply). Once we’ve closed it, you won’t be able to access your account.

Our steps. You will be paid any money owed to you to your bank account or other LetsBab approved account as set out in “Receiving a payment” section above, Section 3.

Last updated on 2nd April 2019