The Dacxi Affiliate Terms & Conditions
TERMS AND CONDITIONS
This is an agreement between you and Dacxi whereby you become an independent Dacxi Affiliate, also known as an Affiliate Partner [“AP”].
These Terms and Conditions (“Affiliate Terms”) form a legally binding agreement between an Affiliate (“You”, “Your” or an Affiliate Partner) and Dacxi Limited Pte Ltd trading as Dacxi (“Dacxi”, “the Company”, “We”, “Us” or “Our”) in relation to the Dacxi Affiliate Programme (the “Programme”). Unless the context otherwise indicates :
Crypto Asset means a digital asset including but not limited to Bitcoin, Ethereum, Litecoin and DAC Coin. We also use the words cryptocurrency, or simply crypto to describe crypto assets.
Dacxi means Dacxi Limited, and any or all of its affiliates and successors. We also use ‘we’, ‘our’ and ‘us’ when we’re talking about ourselves.
Platform means the website, mobile applications, services, content and any other services provided, owned and operated by Dacxi that allow users to convert, buy, sell and trade crypto-assets and other products decided by Dacxi.
Service(s) means the Dacxi Account and Dacxi Exchange product and services that we make available on the Platform. When we use the phrase ‘account’, we do so in respect of an account on the Dacxi Exchange that stores your assets and gives you access to the Services.
You means the person registering for the Dacxi Exchange and using our services. We also use ‘your’ when we’re describing rights and obligations that you have under these Terms and Conditions.
Bonuses are the rewards covered by Dacxi Bonus Plan which outlines the incentives and other rewards offered to APs.
Dacxi has two types of Affiliates – Customer and Partner.
A Customer Affiliate is any customer who refers a customer and earns the ‘Customer Bonus’ as explained on the Platform. They are separate from aN Affiliate Partner and not covered by this Agreement.
An Affiliate Partner is a customer who is interested in an opportunity referring customers and building a referral team for bonuses based on customer purchases. They receive bonuses and must consent to this Agreement.
The Dacxi Affiliate Agreement, the Dacxi Affiliate Bonus Plan and the General Terms and Conditions (forming an inseparable part of one document and entire agreement between the Company and its APs) explain and govern the relationship between each AP and Dacxi Pte Ltd, registered office address in Singapore (referred to hereafter as “Dacxi”). Each AP is required to read, understand, and comply with all terms and conditions of the Agreement. The Agreement shall constitute the entire understanding of the parties. All parts of this Agreement shall apply to the AP. By agreeing to the AP Agreement you hereby agree to all of the terms and conditions herein and by reference all legal terms and conditions.
The Agreement is subject to revision by Dacxi from time to time at its sole discretion. The Agreement shall govern all aspects of the relationship between Dacxi and its APs and is available on the affiliates.dacxi.com website.
The Global Programme
The Global Programme is a global opportunity offered by Dacxi and its associated companies or licensees. There may be adjustments to adapt for conditions or opportunities in different countries, but the primary programme is global in nature and therefore subject to this agreement.
2. BECOMING A DACXI AFFILIATE PARTNER
To become an AP, a new applicant must be a Dacxi customer and read and agree to the terms of the Agreement and relevant General Terms and Conditions of the Company. A Dacxi Customer has an account on the Dacxi exchange, or wallet, with purchased crypto or another crowd finance product offered by Dacxi. The Company reserves the right to reject any application at its sole discretion.
Eligibility requirements to become an AP are as follows:
A. Legal Age
Any individual who is of legal age (18 years) and residing in a country where the Company is doing business is eligible to become an AP.
B. Legal Entity
If an Applicant is a corporation, partnership or other legal entity, all shareholder(s) of the corporate applicant, all partner(s) of the partnership or all owners of the legal entity applicant must agree to the application and must have completed the KYC/KYB process for their jurisdiction. The application can be rejected without such documentation.
C. Change of your enrolling AP
APs wishing to change their registering AP can do so only by resigning and then waiting one (1) year before re-registering with a different AP.
D. Independent Contractors
APs are independent contractors. They are not franchisees, joint ventures, employees or agents of the Company, and are prohibited from stating or implying whether orally or in writing, otherwise. APs have no authority to bind the Company to any obligation. The Company is not responsible for payment or co-payment of any employee benefits. APs are responsible for liability, health, disability, workmen’s compensation and other insurance and for any other registration required by the laws of the country of residence of the AP. APs are independent and determine how to conduct their business and are responsible for their own decisions subject to the AP Agreement.
Residents or citizens of some countries, including but not limited to Belarus, Burma, China, Cote D’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, United States of America, and Zimbabwe are restricted from using the Services. Other countries may be listed or deleted under the Dacxi Terms and Conditions from time to time. APs may only market the Dacxi system and services or recruit new APs in those countries officially authorised by the company.
3. CHANGES IN AFFILIATE PARTNER STATUS
Upon the death of an AP, the rights and responsibilities of the AP are passed on to the rightful heir(s) as determined by a court of competent jurisdiction. The heir(s) must also confirm in writing within 6 months of the previous AP’s death that he or she shall be bound by the terms and conditions of the AP Agreement.
Upon divorce, The Company must be notified as to which former spouse will assume ownership of the AP position as determined by a court of competent jurisdiction. A change in the ownership of the AP position will not take place until the Company receives a copy of the divorce documentation. Should the party who does not assume ownership of the AP position desire to remain an AP; he/she may do so by submitting a new AP Application at the time the divorce documentation is submitted to the Company. He/she shall then be entered as a new AP in accordance with the enrolment policy of the Company.
If two (2) existing APs marry, they may maintain their separate AP positions.
D. Dissolution of Corporate or Partnership AP Position
Upon the dissolution of a corporation or termination of a partnership, which owns the AP position, the ownership of the AP position will be transferred pursuant to the AP Agreement among the shareholders or partners or upon order of a court of competent jurisdiction upon written notification to the Company. If one or more of the partners or shareholders in an AP position terminates his/her ongoing relationship with the Company by leaving the partnership or disposing of his/her share of equity holdings, such parties, including the departing party, shall continue to be bound by the terms of the AP Agreement. If a dispute arises over the disposition of the partnership interest, or assets, or share holdings or corporate assets, or the income from the AP position, the Company may suspend the AP position and hold all bonuses until the dispute over the disposition is resolved by agreement between the parties or by an order from a court of competent jurisdiction.
E. Sale of an AP position
Sale of an AP position or any rights, direct or indirect, relating to an AP position may not be transferred by the AP without prior written approval from the Company, in its sole and absolute discretion. No sale will be approved unless it includes a covenant by the seller not to solicit his/her prior group of APs for at least six (6) months after the effective date of the sale.
An AP position or any right thereto which is under suspension, on probation, or subject to any disciplinary action or any investigation by or on behalf of the Company, may not be sold or otherwise transferred while such condition continues.
The Purchase and Sale Agreement must include a provision in which the parties agree upon the ownership of the inventory of the AP position upon the sale. The Company shall not grant a refund on inventory from a person who sold his/her interest in an AP position
The seller may not reapply or purchase another AP position for a period of twelve (12) months, either as an individual, partnership or corporation or other legal entity.
The purchaser of an AP position shall be responsible for all acts or omissions of the seller in contravention of the AP Agreement for a period of six (6) months after the date of Company’s approval of the sale or transfer. For purposes of this provision, the seller will be required to continue to comply with all post-termination obligations of the AP Agreement.
F. Mergers; Addition of co-APs, Partners, Shareholders and/or Owners
Mergers will be permitted only between an enroller and its first level. The Company reserves the right in its sole and absolute discretion to approve or disapprove any proposed merger or admission of co-APs, partners, shareholders or other owners. The admission of a co-AP, partner, shareholder or other owner must create a bona fide business relationship and must not involve the addition of inactive persons or of entities or other persons or entities which “pass through” income to others.
G. Withdrawal or Removal of co-APs, Partners and/or Owners
If a co-AP, Partner or Owner is removed or withdrawn from the AP position, the remaining AP position shall be responsible for all acts or omissions in contravention of the AP Agreement, of those who have left the AP position, for a period of six (6) months after the date of the departure of the co-AP, Partner, or Owner for purposes of this provision, the seller will be required to continue to comply with all terms post-termination obligations of the AP Agreement.
Co-Ownership over AP positions – in case of co-ownership over certain positions the Company will reflect this in its records. All relations between co-owners, including future activity of the APs – co-owners are exclusive responsibility of the APs. The Company is not responsible and cannot be held liable for any unsettled legal and financial relations and/or obligations between the co-owners.
H. Name Change
An AP may change the operating name of the AP position by forwarding written notification to the Company. The Company reserves the right to request the Articles of Incorporation of a corporation or Partnership Agreement of a partnership, or any amendments pertaining thereto, as well as any other relevant documents or corporate or partnership documentation relating to ownership or control.
I. Changing the registering AP
Except as set forth in Section 2C, changing your AP is not allowed. The AP bonus opportunity is a business built upon sales of products and upon the creation of relationships. Once a new AP is referred, the Company will protect this relationship to the fullest extent possible.
J. Suspension of Bonus Payments
If there is any question over the disposition of the AP position or the bonuses from the AP position (whether by reason of an event described in A through J or otherwise), the Company may suspend the AP and hold all bonuses until the dispute over the disposition is resolved by agreement between the parties or by an order from a court of competent jurisdiction.
4. TAXES AND GOVERNMENTAL REPORTS
All APs are personally responsible for all taxes due on any rewards from the Company. APs will not be treated as an employee of the Company for any income tax purposes. To safeguard that no tax evasion can occur, the AP must give the Company personal identification information in their country of residence.
B. Sales Tax
The Company will not be collecting sales tax at the time of purchase unless it is required to by law. If such tax would be levied, the AP will immediately inform the Company, which will take appropriate action.
5. AFFILIATE PARTNER REFERRER POLICY
A. Every new AP has a Referring AP based on who introduced them. An AP shall not unduly influence or in any way entice prospects with representations as to possible income or business development, or payment of any compensation by an AP or the Company.
The Company recognises the Referring AP as the AP shown on the first entered original AP Application completed, dated, and electronically entered into Company’s database.
APs who enroll other APs must thereafter use their best efforts to provide on an on-going basis, bona fide supervision and training of these APs and their sales group. This should include ongoing contact, communication, encouragement and support of his/her sales organisation. AP’s should encourage their AP team to complete the Company’s and other affiliate training. This action of support, training and motivation is why bonuses are paid to improve performance. The non-provision of support is grounds to withholding or termination of bonuses.
6. PLACEMENT POLICY
The AP’s placement in the network is determined by who introduced you as a customer. This placement is final and will not be changed.
7. BONUS PLAN AND TERMS
See affiliate.dacxi.com “Bonus Plan”.
The AP acknowledges and agrees that the Company reserves the unequivocal right to change or modify the Company’s General Terms and Conditions, the present AP Agreement and Bonus Plan. The Company will notify the AP about any changes to the Bonus Plan within a reasonable time.
8. RETURN POLICY
APs are not required to purchase anything as a AP.
Should an AP purchase training, information or other products from Dacxi, then there will be a specific return policy for this product that will be agreed to.
9. LIMITED LICENCE
The Company has certain trademarks, service marks, trade names, slogans, symbols, and colour schemes that are proprietary. Except for marketing materials, sample products, and advertising provided or sold to the APs by the Company, the AP shall not use or display such trademarks, service marks, trade names, slogans, symbols, and colour schemes without the Company’s prior written permission. The AP acknowledges that any right to use the Company’s trademarks and copyrighted materials is non-exclusive, and the Company has the right and sole discretion to grant others the right to use such trademarks and materials. The AP expressly recognises that any and all goodwill affiliated with the trademarks and copyrighted materials (including goodwill arising from APs use) inures directly and exclusively to the benefit of the Company and is the property of the Company, and that, on expiration or termination of this AP Agreement, no monetary amount shall be attributable to any goodwill affiliated with APs use of the trademarks or copyrighted materials.
APs shall not advertise Dacxi products or income opportunities in any way other than by use of authorised advertising or promotional materials made available to the AP by the Company.
A. APs are prohibited from using Company’s trademarks, service marks, trade names, slogans, symbols, and colour schemes in advertising in a manner that would suggest or imply that they are employed by or are agents of the Company. All advertisements must provide the name of an AP only. APs shall not make any representations as to potential bonuses to be received by a prospective AP.
B. No Reproduction
All Dacxi materials, whether printed or produced by audio or video recording are copyrighted and may not be reproduced in whole or in part by APs or any other person unless authorised in writing by the Company.
C. No Distribution
APs may not produce, use or distribute any information relative to the contents, characteristics, or properties of Dacxi products which has not been provided directly by the Company.
This includes but is not limited to print, audio or online media.
D. Deceptive Materials
APs may not produce, sell or distribute literature, films, audio recordings or video recordings which are deceptively similar in nature to those produced, published, and provided by the Company for its APs. An AP may not purchase, sell, or distribute non-Dacxi materials that imply or suggest that said materials originate from the Company.
E. Approved Vendors
Any and all support materials, e.g. promotional and premium items are to be sold and/or distributed only by the Company or Company’s approved vendors.
F. Telephone Use
APs may not answer the telephone and/or use any telephonic message device in a way that would represent or imply that they are employed by or are agents of the Company.
G. Listing of Name
APs may be listed in telephone directories white or yellow pages as follows:
“Smith, Jane and John, Dacxi Independent Marketing Partner, Address and/or Telephone Number”
An AP may list any contact number under the name of his/her AP position, as an AP, and must not represent that he/she is employed by, or is an agent of the Company.
I. Further Restrictions
The Company prohibits the use of its trademarks, service marks, trade names, slogans or symbols or any of its product trade names or any copyrighted materials through telephonic devices, including computer TEAMs, facsimile machines or other automatic calling devices for the purpose of soliciting potential APs or customers.
J. Media Opportunities
Media opportunities are not individual sales opportunities. All media opportunities must be referred to the Company. APs must not have any contact with the media unless prior written authorisation from the Company is received.
APs are permitted to make personal donations of product or funds to an organisation or programme provided they do not represent the donation as being from the Company.
L. Media Coverage
Donations may not be made for the purpose of soliciting media coverage. If media solicit coverage of an event, the Company’s relevant department must be notified immediately to review the media opportunity.
M. Business Cards
An AP may order business cards in compliance with the requirements of the General Terms and Conditions and the relevant copyright legislation. Use of the Company’s/Dacxi trademarks is permitted only after explicit written consent has been granted from the Company. Any non authorised use of the Company’s trademarks presents a violation of the General Terms and Conditions and relevant sanctions will be imposed. If an APs relationship with Dacxi is terminated, he/she must immediately cease using and destroy all business cards utilising the Company’s trademarks, trade names, services marks, logos or color schemes.
The AP may not re-label, repackage, or modify Dacxi’s packaged or virtual training materials in any way.
O. No Endorsement
No endorsements by a Company officer or administrator or third parties may be asserted, except as expressly communicated in the Company’s literature and communications. APs may not represent or imply, directly or indirectly, that the Dacxi network system, programmes, products or services have been approved or endorsed by any governmental agency.
P. Internet Policy
APs may not advertise or promote their AP business or the Company’s business, products or Bonus Plan or use the Company’s name in any electronic media or transmission, including on the Internet via websites or otherwise, without the prior written approval of the Company, whose approval may be withheld at its sole discretion. If written approval is given, APs must abide by the guidelines set forth by the Company, including but not limited to the following:
(i) APs shall not make offers or solicitations in the guise of research, surveys or informal communication, when the real intent is to sell products or services or sponsor APs;
(ii) APs operating on-line websites, whether or not they collect personal information from individual consumers, shall disclose to the consumer in a prominent place on the website how the consumer information will be used and must follow any laws regulating the handling of personal data;
(iii) APs sharing personal information collected on-line should provide individual consumers with an opportunity to prohibit the dissemination of such information, and if any consumer requests that his or her personal information not be shared, APs shall refrain from sharing such information;
(iv) APs shall provide individual consumers the option to terminate any further communication between the APs and the consumer and if any consumer requests that an AP cease communication, the AP should immediately stop communicating upon such request;
(v) APs must abide by all laws and regulations regarding electronic communications, including but limited to any provision requiring prior consent for unsolicited contacts via electronic media;
(vi) APs may not distribute content by use of distribution lists or to any person who has not given specific permission to be included in such a process; spamming or distribution of chain letters or junk mail is not allowed;
(vii) APs may not distribute content that is unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or which could otherwise give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; and
(viii) APs may not send bulk unsolicited e-mails to persons who have not requested information. Spam is strictly prohibited
Q. Promotional/Education Presentations
The live provision of information and education by Dacxi, its products and business is considered an important part of the Dacxi business. These are mostly provided by APs. It is vital for the credibility of the business for all within Dacxi that they we run professionally and within the following conditions:
At presentations, APs shall truthfully identify themselves, their products, and the purpose of their business to prospective customers.
APs may not use any misleading, deceptive, or unfair sales practices.
Explanation and demonstration of products offered shall be accurate and complete including, but not limited to pricing, terms of payment, right of withdrawal, refund rights, guarantees, and after-sales services and delivery.
Personal or telephone contact shall be made in a reasonable manner and during reasonable hours to avoid intrusiveness.
APs must immediately discontinue a demonstration or sales presentation upon the request of the consumer.
APs shall not directly or by implication, denigrate any other company or product.
APs shall refrain from using comparisons which are likely to mislead and which are incompatible to the principles of fair competition. Points of comparison shall not be unfairly selected and shall be based on facts which can be substantiated.
APs shall not abuse the trust of individual consumers, shall respect the lack of commercial experience of consumers and shall not exploit a customer’s age, illness, lack of understanding or lack of language expertise.
AP’s must respect the ‘invitation’ policy, so if the guest is invited by someone then they should always join Dacxi with that link and not be convinced to join under another Affiliate’s link. Dacxi takes this policy very seriously as it is fundamental to the integrity of the Affiliate Programme and anyone proven to break the policy risks suspension or termination of this agreement.
The Company shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labour difficulties, riots, wars, fires, death, technology changes, curtailment of a party’s source of supply or government decrees.
The term of the AP Agreement is for an indefinite period and may be terminated by both parties at any time, even within the contractual period, with one month’s notice prior to the end of the next calendar month.
13. CONFLICTS OF INTEREST AND CONFIDENTIALITY
AP’s are free to participate in other ‘opportunity’ marketing business ventures to the extent that such are not competitors of the Company. If APs are simultaneously active for several companies or TEAM marketing companies, they agree to organise their business activities in such a way as to avoid any connection or mixing of their activities for these other companies with their activities for Dacxi. In particular, APs may not offer products other than Dacxi’s products and services at the same time, in the same place or in the immediate vicinity or on the same website, Facebook page or other social media/online platform.
APs are also prohibited from recruiting other Dacxi APs for the promotion of other companies’ products.
APs are also prohibited from violating the rights of other APs or other sales contracts concluded with further companies and the clauses of which are still valid.
During the term of the AP Agreement, the Company may supply to APs confidential information, including but not limited to their own customer lists, customer information developed by the Company or developed for and on behalf of the Company by APs, (including, but not limited to customer and AP profiles and product purchase information), AP lists, business reports, bonus reports and such other financial and business information which the Company may designate as confidential. All such information (whether in written or electronic form) is proprietary and confidential to Dacxi and the Company and is individually transmitted to APs in strictest confidence on a “need to know” basis for use solely in the AP’s business with Dacxi.
APs must keep such information confidential and must not disclose any such information to any third party, directly, or indirectly. APs must not use the information to compete with the Company or for any purpose other than promoting Dacxi’s programme and its products and services. Upon expiration, non-renewal or termination of the AP Agreement, APs must continue to keep such information confidential, discontinue the use of such confidential information and promptly return any confidential information in their possession and all copies there of to the Company.
APs are registering with the Dacxi as an entrepreneur and not as a consumer and therefore do not have the statutory right to revoke this agreement. Nevertheless, the Company is voluntarily granting you a right to rescind this agreement within two weeks.
Voluntary right of cancellation
APs can revoke their agreement by providing written notice (by email) within two weeks, without any need to provide cause. The two-week period begins once the AP submit his/her application. The deadline is considered met if the notice has been sent by the deadlines, as evidenced by the date of the email.
The revocation must be sent to Dacxi at email@example.com
15. PROHIBITED USAGE
Excessive usage violation of the Dacxi website through traffic bots or list spamming is strictly prohibited. Violations of this policy can result in suspension or termination of the violating AP.
16. ERRORS OR QUESTIONS
If an AP has questions about or believes any errors have been made regarding bonuses, sales group activity reports, or charges, the AP must notify the Company within ten (10) days of the date of the unreported error or incident in question. The Company will not be responsible for any errors, omissions or problems not reported to it within 10 days.
18. CONTINUING DEVELOPMENT OBLIGATIONS
Any AP who wishes to participate in Dacxi and benefit from the Bonus Plan must perform a bona fide supervisory function to ensure that his or her group is properly operating his or her business. APs must have ongoing contact and communication with the APs in their team group. Examples of such contact and supervision may include, but not be limited to newsletters, written correspondence, personal meetings, telephone contact, voice mail and electronic mail and these contacts must not violate any part of the present AP Agreement.
APs must not disparage other Dacxi APs, the Company’s products/services, the Bonus Plan, or Company’s employees.
20. OBJECTIONABLE ACTIVITY OR CONDUCT
APs may not distribute material, have written correspondence, telephone contact, voice mail and/or electronic mail that is or contains unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or which could otherwise give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
21. REPORTING POLICY VIOLATIONS
APs observing a policy or agreement violation by another AP should submit a written report of the violation directly to the attention of Company’s Legal Department/Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
22. DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
A. Disciplinary Sanctions
Violation of the present AP Agreement, fraudulent, deceptive or unethical business conduct by any AP may result, at Company’s discretion, in one or more of the following corrective measures:
1. Issuance of a written warning or admonition;
2. Requiring the AP to take immediate corrective measures;
3. Imposition of a fine, which may be withheld from the account;
4. Loss of rights to one or more bonus payments;
5. Any other measure, which the Company deems practicable to implement to equitably resolve injuries caused partially or exclusively by the APs policy violation or contractual breach.
6. Suspension of the individual’s AP position for one or more pay periods;
7. Involuntary cancellation of the offending AP position;
8. Immediate removal of the AP website(s) and termination of the APs position;
9. Any other measures expressly allowed within any provision of the General Terms and Conditions, the present AP Agreement or allowed by law;
The AP is only entitled to a bonus if he or she is not in violation of the General Terms and Conditions and the present AP Agreement.
In the event an AP is suspended/ terminated and desires for his or her suspension/termination to be reconsidered, the Company must receive the request for reconsideration in writing via email to firstname.lastname@example.org within 15 days from the date of notice of suspension/ termination. If no request for reconsideration is received within the 15 day period, the termination will automatically be deemed final. If an AP files a timely notice of request for reconsideration, the Company will review the request for reconsideration and notify the AP of its decision within 10 days after receipt of the request for reconsideration. The decision of the Company will be final and subject to no further review. In the event the suspension/ termination is not rescinded, the suspension/ termination will remain effective as of the date stated in the original termination notice.
C. Grievances and Complaints
When an AP has a grievance or complaint with another AP regarding any practice or conduct in relationship to their respective Dacxi businesses, the complaining AP should first report the problem to their registering AP who should review the matter. If the matter cannot be resolved it must be reported in writing to the Company at email@example.com. The Company will review the facts and resolve it.
D. Cost Effective Dispute Resolution/Waiver of Jury Trial
The Parties will act to amicably resolve questions and differences concerning structure, interpretation and effects of this AP Agreement and other questions regarding the present agreement or the subject-matter of the latter.
(2) Any dispute related to commercial and inter-companies’ matters shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of which are deemed to be incorporated by reference into this clause, which shall include specifically:
(a) The number of arbitrators shall be three.
(c) The language to be used in the arbitral proceedings shall be English. Any documentation not presented in English shall be translated into English at the expense of the party submitting them.
All notices to be given pursuant to the present AP Agreement shall be deemed to have been properly given by depositing the notice in the mail, addressed to the subject AP the last address on file with the Company, postpaid and registered or certified; or delivery by hand or by a recognised overnight delivery service or by email. All notices shall be deemed given ten (10) business days from the date of receipt.
24. NON-WAIVER PROVISION
Failure of the Company to exercise any right stated in the present AP Agreement shall not constitute a waiver of Company’s right to demand exact compliance therewith. Waiver by the Company of any breach of any provision of the present AP Agreements shall not constitute a waiver of any prior, concurrent, or subsequent breach by the AP. An authorised officer of the Company must issue the Waiver in writing.
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the present AP Agreement is held to be invalid or enforceable, the Company shall have the right to modify the invalid or unenforceable provision or any portion thereof, to the extent required to be valid and enforceable, and the AP shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
26. LIMITATION OF DAMAGES
To the extent permitted by law, the company and its AP’s, officers, directors, employees and other representatives shall not be liable for, and do hereby release the foregoing from, and waive any claim for loss of profit, incidental, special, consequential or exemplary damages which may arise out of any claim whatsoever relating to company’s performance, non-performance, act or omission with respect to the business relationship or other matters between any AP and the company, whether sounding in contract, tort or strict liability. Furthermore, it is agreed that any damages to an AP shall not exceed, and is hereby expressly limited to the amount of unsold company’s programmes, services and/or products owned by the AP and any commissions owned by the AP.
28. NO WARRANTIES
The company hereby disclaims all warranties. The company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the site, the service or the content contained on the site for any purpose. To the maximum extent permitted by applicable law, the site and all such content, services and products are provided “as is,” “with all faults,” and “as available.” we disclaim all warranties, express and implied, arising out of, or in connection with, the site, service and content, including, but not limited to the warranties of non-infringement, merchantability, and fitness for a particular purpose and those arising by law, statute, usage of trade or course of dealing and any liability with regard to the site, content and services and any actions resulting from AP participation in any service.
APs use of the site, service and content is at his/her sole risk. Although our content may be updated from time to time, it may be out of date and/or may contain inaccuracies or typographical errors. We are not responsible for the APs inability or failure (for any reason) to access the site or content or otherwise use or receive information or service from or regarding the site, content, or APs purchases from the company. The company does not warrant that the site or service will be compatible with any hardware or software systems or that the site or service will be uninterrupted or error free. The AP assumes the risk of any and all damage or loss from use of, or inability to use, the site or service.
The company is not responsible or liable for maintaining any consumer data or for the deletion, corruption, destruction, damage, loss or failure of any consumer data or for any third party access to any consumer data.
The company is not responsible and cannot be held liable for incorrect usernames and other data provided by the AP.
The company is not responsible and may not be held liable for any additional bank fees, taxes and currency exchange rates, that may result in any amounts to be added to the account of the respective AP.
The company makes no warranty or representation as to the level of success, if any, individuals may achieve by using any of the companys services or products. Individual results may vary and depend on many factors including an individual’s specific financial situation, efforts and actions.
29. LIMITED LIABILITY
To the maximum extent permitted by law, the company and its affiliated parties shall have no liability whatsoever for the APs use of any content or other information or service related to the site, service or products and shall not be liable for any direct, indirect, special, incidental, or consequential damages (including, but not limited to, damages for loss of business, loss of profits, or litigation) :
(i) arising from any decision made or action taken by the AP in reliance upon the content or our products or service,
(ii) arising out of or in any way connected with the use or performance of the site or content, or with the delay or inability to use the site, content, or related service, or from the use or misuse of any information, products, services, related graphics, and content obtained through the site,
(iii) any incorrect or missing information or data, or
(iv) otherwise arising out or resulting from loss of the AP’s data or information, whether based on breach of contract, breach of warranty, tort (including, but not limited to, negligence), or otherwise, even if advised of the possibility of such damages. The company’s maximum liability, if any, for any loss or damage relating to or arising out of the use of the site, services, products or any content will not exceed the lesser or actual damages or the charges paid by AP to the company for a period of two months.
The company is not responsible for interrupted, inaccessible or unavailable teams, servers, satellites, internet service providers, websites, or other connections, or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions, or for any technical malfunctions, failures or difficulties.
The above limitations and exclusions shall apply to the AP to the fullest extent that applicable law permits, in all actions of any kind, whether based on contract, tort (including, without limitation, negligence) or any other legal or equitable theory. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder of the present AP agreement.
Version of the present AP Agreement: 23.07.2019
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