TERMS OF USE

Welcome to LetsBab

1. WHAT IS LETSBAB?

We provide you with LetsBab products including the LetsBab app, features, applications, services, technologies, and software (the Service). The Service enables you to recommend products and services to your friends and enables you to generate rewards in the form of cash commission and the ability to donate to charity.

This document sets out the legal terms (the Terms) between you and 151 Fifth Limited (LetsBab, us, we) and by using or continuing to use the Service you agree to be bound by the Terms. You should read this document along with our Privacy Policy.

Please read these Terms carefully and make sure that you understand them before you use the Service. If you do not accept the Terms, you are not entitled to use the Service. By choosing to use the Service, irrespective of your place of residence, your use of the Service is occurring in the United Kingdom and will be governed by the Terms. These Terms are governed by the laws of England and Wales.

2. HOW TO CONTACT US:

If you have questions, about the Terms, we are here to answer them. Please contact us using the following contact details and providing your own contact details.

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

We will contact you in English using the contact details that you provide. Please let us know if your contact details change.

3. OUR COMMITMENT TO YOU:

The LetsBab app is the first ever peer-to-peer social commerce app. The Service enables you to recommend products to people you know and to earn rewards in the form of cash commissions and/or to donate to charities. Every recommendation made via the LetsBab app which leads to a qualified purchase generates rewards for you in the form of commission and gives you the opportunity to donate some or all of that commission 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 make a recommendation to a friend and it results in a purchase that isn’t returned, exchanged or otherwise cancelled within 30 days of the purchase (a Qualified Purchase), your LetsBab reward will be 5% of the purchase price, net of any promotions, codes, vouchers, or any other discounts that may be applied to the purchase price by the vendor from which the purchase was made (the Vendor and the Qualified Purchase Price).

For each Qualified Purchase, you generate cash commission and you can donate some or all of this commission to a charity.

The aggregate amount of the commission you have generated will be displayed in the rewards section of your LetsBab app and this amount will be updated at least once per day. The Vendor will pay the reward amount of 5% of the Qualified Purchase Price to LetsBab. Following and conditional upon receipt of this payment by LetsBab, the amount of 5% of the Qualified Purchase Price will then be held by LetsBab for you. More details of the payment processes are set out below.

Donating to charity. You may designate a charity from among those listed in the LetsBab app and select the amount of your commission that you would like LetsBab to pay to that charity. If you’ve chosen to donate some or all of your commission to your designated charity, instead of that amount being paid by LetsBab to you as indicated above, that amount will be paid by us to the designated charity the following month.

If you choose to donate some or all of your commission to a charity, you understand and acknowledge that the resulting donation of funds is voluntary and that you have freely chosen to donate those funds which you generated through LetsBab. Once a purchase resulting from a recommendation made by you within the app becomes a Qualified Purchase, you may no longer change the amount of the commission resulting from that Qualified Purchase that you have chosen to donate to the charity. Any donations that you choose to make will be made on your behalf to the charity that you have designated.

LetsBab will not influence or control the amount of any donation or the designation of any charity to receive such amount. If you choose to make a donation to a charity within the LetsBab app, that donation will be made to the charity by LetsBab on your behalf in accordance with the timing and terms set out in the relevant agreement between LetsBab and the relevant charity. LetsBab will pay the full amount that you specify to the charity that you designate and will not retain any part of such donation.

Receiving a payment. If you’ve chosen to receive your commission in the form of a payment to you, LetsBab will make the payment to the bank account details of which you provide within the LetsBab app. By agreeing to these Terms, you are giving us and our third party payment providers permission to pay such commission amounts to that bank account.

Each month, the amount shown in the “Next Payment” section of your LetsBab app will be paid into the bank account details of which you provide to us within the LetsBab app. Your first payment will be made 45 days after the date of the first Qualified Purchase generated by a recommendation made by you within the LetsBab app. The date on which this payment is made will become your monthly payment date (Monthly Payment Date). Any payments due to you in respect of any subsequent Qualified Purchases will be paid to you on your Monthly Payment Date. Provided that LetsBab will not be obligated to make any payment other than on a day on which banks in the UK are open for business and Provided that any payments of less than GBP10 (or USD equivalent) that are due to you may be carried forward and paid on the following Monthly Payment Date.

If you are in the UK and download the LetsBab app from the UK App Store or the UK Google Play Store, then your commission will be paid to you in GBP. If you are in the United States of America (USA) and download from the USA App Store or the USA Google Play Store, then your commission will be paid to you in US dollars (USD). If you download the LetsBab app outside of the USA and the UK, on either the App Store or the Google Play Store, then your commissions will be paid to you in USD.

LetsBab may be unable to make payments to you if:

  • you haven’t duly provided to LetsBab details of your bank account or alternative LetsBab approved account or you have provided any incorrect details of such account;
  • we suspect that you are in breach of these Terms or that you were involved in criminal activity in respect of your LetsBab app or account; or
  • we are not allowed by law to make the payment.

If we are unable to make a payment to which you are entitled, we will let you know this as soon as possible.

It is your responsibility to provide us with correct bank details. If we are unable to pay you because you fail to provide your bank account details or provide incorrect details, we will endeavour to obtain the details or the correct details from you.

Third party payment providers. We use third party payment providers (Payment Providers) to ensure that you’re paid in accordance with these Terms. These Payment Providers are regulated and authorised by, amongst others, the UK Financial Conduct Authority (FCA) as Electronic Money Institutions. These Payment Providers are trusted providers, who carry out the money remittance and the transfers of monies to be paid to you. All the payments they make to you will be secure transactions and our Payment Providers will not use your personal information except for the purpose of making payments to you or reporting cases of fraud to the relevant authorities. Neither LetsBab nor our affiliates or subsidiaries provide payment services or are payment service providers and we do not offer or hold out to offer any financial services and we do not provide any services constituting any regulated activity.

By accepting these Terms, you agree that, on each occasion immediately prior to LetsBab making any payment to you, you hereby provide an explicit instruction to LetsBab to make such payment to you as part of your “Next Payment”.

Tax. By accepting these terms, you confirm that you are a person who is over 18 years old, are not acting on behalf of anyone else, whether person, corporation or other legal entity, and are not VAT or equivalent tax registered. The commissions paid by LetsBab to you under these Terms may be subject to taxes. You will be solely responsible for payment of any tax due in respect of these commissions.

US tax. Please contact us if you are a US citizen and have chosen to donate some or all of your LetsBab generated commission to a US charity and you require additional information in order to include such LetsBab related charitable contribution in a tax return. You hereby agree that we may use your personal details to provide you with the necessary information and/or documentation in response to any such request.

4. YOUR COMMITMENT TO US:

In return for our commitment to provide the Service, we require you to make and you hereby make the following 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 compliance with the law. So, we need you to commit to a few restrictions in order to use the Service and 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;
  • you must not be prohibited from engaging in payment related Services, for example as a result of being on an applicable denied party list;
  • we must not have previously disabled your LetsBab account for breach of these Terms or violation of any law or any of our policies; and
  • you must not be a convicted sex offender;

Provided that you meet all of these requirements, you may register 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 by and activity that occurs under your LetsBab account and this 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 express permission to do so;
  • you must provide us with accurate and up to date information (including registration details and bank account details or alternative LetsBab approved account information, otherwise we will not be able to pay you);
  • 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 authorised behaviour;
  • you can’t do anything unlawful, misleading, libellous, fraudulent, defamatory, abusive, obscene, racist or otherwise offensive or do anything for an illegal or unauthorised 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;
  • 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 a LetsBab 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 unauthorised 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 the advertising regulation, administrative regulations and advertising self-regulation and can’t make “influential” comments contrary to competition laws. Any and all use of the Service must be in compliance with all applicable laws and regulations;
  • 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;
  • you can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property and email account details.

If you want to report conduct or content, get in touch with us through any form in the “How to contact us” section

You are responsible for your use of the service. Please read this section carefully; it limits our obligations to you. If you harm someone else or get into a dispute with someone else, we will not be responsible. LetsBab will not be liable for damages or losses arising from your use or inability to use the Service or otherwise, whether or not we have been informed of the possibility of such loss or damage and LetsBab will not have any liability for any failure or delay due to matters beyond our reasonable control. 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 Service 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 to do so (for example, if it infringes someone’s intellectual property or impersonates another user or is offensive or otherwise contrary to morality or public order);
  • we retain all rights to our content. You may not use content covered by intellectual property rights that we have or make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share);
  • you can only use our intellectual property and trademarks or similar marks as expressly permitted by the Terms or with our prior written permission. If you wish to request such permission, you may contact us as set out in Section 2;
  • you may not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us;
  • you agree to us granting you a limited license to access and make personal use of the Service, and to download the LetsBab app. This license only grants you the intellectual property rights that are essential for the purpose of complying with these Terms (right of use and unique reproduction of the mobile application in a single backup device). The Licence 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, among others, 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 on 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 LetsBab app immediately if we believe you have:
    • 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; or
    • been abusive to anyone at LetsBab or a member of your or our community.

5. CONTENT REMOVAL AND DISABLING OR TERMINATING YOUR ACCOUNT

We reserve the following rights:

  • we can remove any content or information you share on the Service if we believe that it violates these Terms, our Privacy Policy or 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 removal; and
  • 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 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, you may contact us as indicated in Section 2 above.

6. OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

Our Agreement:

  • We own the Service and all of our content (except to the extent our Payment Providers provide payment services). 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 expressly 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 or events which are 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 as indicated in Section 2 above and we’ll do our best to fix the problem.

By accepting these Terms, you agree that any claim, cause of action, or dispute you may have against us that arises out of or relates to these Terms (Claim) must be resolved in a competent court in England and Wales and that the law of England and Wales will govern these Terms and any Claim, without regard to conflict of law provisions.

We always appreciate feedback and other suggestions and we 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 app, subject to the law, whether national or international, as well as the principles of good faith, morals, good customs and public order. Specifically, and without limitation, you agree to diligently observe these Terms.

Users will refrain from using their profile and the other content elements of the Service, for purposes or effects (a) other than to share recommendations, opinions and purchasing decisions on items available from Vendors connected to the LetsBab app, or (b) which are unlawful or harmful to the rights and interests of others, or in any way damage, disable, affect or impair the Service, its contents and services. It is also prohibited to use the Service in any way that prevents or hinders the proper functioning of the Service or the normal use or enjoyment of the Service by other users.

8. THE PRIVACY POLICY

Providing the Service requires us to collect and use your personal information. The Privacy Policy explains how we collect, store, use or disclose personal information. It also explains the ways you can control your personal information.

9. MAKING CHANGES TO THESE TERMS

The current version of these Terms will be available in the LetsBab app and on our website. From time to time, we may change the Service and our policies, and we may need to make changes to these Terms so that they reflect our Service and policies. If we make changes to these Terms 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 30 day’s notice before we make changes to these Terms and give you an opportunity to review and accept the revised Terms before they come into effect in relation to you. Your continued use of the Service will be conditional on your acceptance of any revised Terms. If you continue to use the Service, you will be bound by the revised Terms. If you don’t agree to any such changes to the Terms, you should let us know and we’ll close your account and arrange for any money owed to you in your LetsBab account to be paid 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 as indicated in Section 2 above.

You may unsubscribe from the Service 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.

Our steps. We will close your LetsBab account and arrange for payment of any amounts owed to you under these Terms to be paid to your bank account details of which you provided to us, as set out in “Receiving a payment” in Section 3 above.

Generally, closure of your LetsBab account, whether by us or by you, will result in the termination of the applicability of these Terms, provided that certain provisions which are intended to do so will continue to have legal effect. Once we’ve closed it, you won’t be able to access your account.

Last updated on 7th May 2019