ENJO PRODUCT TRIAL AGREEMENT

By lodging an expression of interest to be a reviewer of the Product, I agree that I am making an offer to the Brand to review the Products on the terms and conditions set out below.

I agree that these terms and conditions will apply should the Brand accept my offer to provide product review services for the benefit of the Brand, and that they will govern my relationship with the Brand, and its agent, Mumpower Marketing Pty Ltd (“Mumpower”) in relation to the product review services provided by me.

I acknowledge and agree that submitting my expression of interest does not guarantee that I will be selected as a reviewer of the Product. I acknowledge that the Brand, together with Mumpower, will review expressions of interest and notify me as soon as is practicable if I have been selected as a reviewer of the Product.

I agree that unless otherwise stated, defined terms in this agreement have the meaning given to them in the Table of Particulars set out below.

Table of Particulars:

Brand ENJO
Product Brands selection of household cleaning bundles

 

 

Review Platform https://www.productreview.com.au/listings/enjo
Review Due Date Fourteen (14) days after receiving the product and completing the ENJO mentor zoom call OR watching the provided online video

Product

If selected as a reviewer of the Product, I acknowledge and agree that, in consideration of myself uploading my honest review of the Product on the Review Platform, on or before the Review Due Date, the Brand, via its agent Mumpower, will provide me with the Product which will be supplied to me by the Brand.

I agree that the product provided to me mailed to my usual address provided in my expression of interest form.

Subject to the terms of this agreement, I may retain the Product received, and will not be required to return the Product following my review.

Trialling the Product

I agree to try the Product within fourteen (14) days of receiving the Product and I will adhere to the instructions supplied to me via email

I agree, as a condition of this trial that I will be assigned an ENJO Mentor who will host a virtual run-through on how to use the provide product bundle over a Zoom meeting OR that I will watch the provided relevant ‘How to Clean’ and Bundle cleaning video links, so all information is provided and has been viewed prior to leaving my review.

If I am selected for the floor bundle I also agree that I will need prior consultation (before my products are shipped) with an ENJO Mentor, to ascertain which two Floor Fibres are most suitable for my floor.

I understand that I will receive a BONUS gift, Bamboo Tea Towel Set, valued at $38, if I successfully complete a virtual cleaning demonstration. This product does not form part of my trial products and does not require a review.

Review of the Product

In consideration of the Product and/or provision of the voucher to me to purchase the Product, I agree to upload my honest review of the Product [using at least one of the provided prompts in the review and at least (1) image], on the Review Platform, on or before the Review Due Date.

Brand prompts to consider when leaving a review

  • How well did the product clean various surfaces (e.g., countertops, floors, appliances)?
  • Did you notice any residue or streaks after using the product?
  • How easy was it to use the product?
  • Did the product meet your expectations in terms of cleaning power?
  • How does this product compare to other cleaning products you’ve used?

I warrant in favour of the Brand and Mumpower, that any review uploaded by me will state my honest and genuine views in relation to the Product, despite the fact I have received Product and in exchange for the review.

I acknowledge and agree that my review may include positive and / or negative comments about the Product depending on my own views and experience of the Product, and that I am not receiving the product on the condition that I provide only positive comments.

I agree to clearly disclose in my review on the Review Platform the fact that I have received the Product in exchange for my honest review of the Product and I acknowledge it is my responsibility to comply with any other Terms and Conditions as set out on any third party website I am submitting my review to.

I agree to take a screenshot of my review appearing on the Review Platform and send that screenshot to Mumpower by email to jnewton@mumpower.com.au on or before the Review Due Date to evidence my uploading of the review as contemplated in this agreement.

Brand’s use of the review

In consideration of the product provided to me by the Brand, I agree to provide the Brand with a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable right to copy my review posted to the Review Platform and publish the review (or part thereof), as paid or organic posting, including my name in connection with the review, on any website or social media accounts maintained by or on behalf of, or for the benefit of the Brand, and in any other marketing materials used by the Brand or its personnel or retailers to promote the Brand and / or the Products (including, but not limited to, any brochures, promotional emails, websites or other publications).

Failure to review the Product on the Review Platform by the Review Due Date

I agree that if I fail to upload my review of the Product as required herein, on the Review Platform, on or before the Review Due Date, and to provide Mumpower with evidence of the review as required herein, then:

  1. if I have used the Product, then I must advise Mumpower of this fact, and I agree in that case to pay to the Brand, via its agent Mumpower, the full retail value of the Product within seven (7) days of invoice; or
  1. if I have not used any part of the Product, then I must return the Product to the Brand, via its agent Mumpower, and refrain from using any part of the Product for any purchase.

If I fail to upload my review and images as required herein by the Review Due Date, and I thereafter use any part of the Product provided to me in exchange for my review (including after returning the product to Mumpower), I agree that the Brand, via Mumpower, will be entitled to invoice me for the full retail value of the Product, which I agree to pay within seven (7) days of the date of invoice.

Liability

I acknowledge and agree that any claims on warranties or statutory guarantees in relation to the Product, are to be directed to the Brand, as the case may require.

I acknowledge and agree that Mumpower acts only as the Brand’s agent in relation to its marketing of the Product, that Mumpower is not a manufacturer, supplier, or retailer of the Product, and to the maximum extent permissible by law, I release Mumpower from any and all claims in relation to Product warranties or guarantees.

I agree that to the maximum extent permitted by law, Mumpower, as the Brand’s marketing agent, is not liable for, and I agree to release Mumpower, hold Mumpower harmless, and indemnify Mumpower from any claims, loss, liability, damages, costs and expenses (including any indirect, special and consequential loss and legal costs on a solicitor and own client basis) arising out of, or in relation to, any injury sustained or illness suffered by me whilst trialling the Product and uploading my review or using the Product generally.

I agree that to the maximum extent permitted by law, the Brand is not liable for, and I agree to release the Brand, hold the Brand harmless, and indemnify the Brand from any claims, loss, liability, damages, costs and expenses (including any indirect, special and consequential loss and legal costs on a solicitor and own client basis) arising out of or in relation to any injury sustained or illness suffered by me whilst trialling the Product and uploading my review, save for any injury or illness suffered or incurred by me which is caused by Product faults, defects or other related issues within the Brand’s reasonable control.

Each party’s liability to the other under this agreement is reduced proportionally to the extent that the liability arises as a direct result of an act or omission of the other party.

Relationship  

I acknowledge and agree that no employment relationship exists between myself and the Brand or Mumpower arising out of or in connection with this agreement, and that, subject to the terms of this agreement, I agree to provide the product review services using my own internet resources, at my own cost and expense.

I agree that this agreement is not intended and will not be taken to constitute a partnership, agency, employment, joint venture or fiduciary relationship between myself and the Brand and / or Mumpower.

General

I consent to entering into this agreement and communicating with the Brand and Mumpower electronically.

I agree this agreement becomes binding on me at the time of submitting my expression of interest to review the Product via the expression of interest form, and on the Brand and Mumpower at the time of Mumpower advising me that I have been accepted as a reviewer of the Product.

If any provision of this agreement shall be held invalid, it shall be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect.

No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

This agreement shall be governed by and construed in accordance with the laws of Victoria, Australia. I hereby irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.