INTRODUCTION
Welcome to www.TheWorldsBiggestBuyingClub.com,
wholly owned and operated by The Worlds Biggest Buying Club, Inc.(The Club) Please
carefully read (The Club's) Terms & Conditions, Policies & Procedures
and "Dividend" Share Plan (Agreement) in its entirety including
Terms of Use, Permissible Website Use, Role of Parties, Membership Agreement, Copyright
and Trademark, Disclaimer and all other provisions noted herein. By using The Club
site as a registered member (Member), you hereby agree to abide by this Agreement, all Terms &
Conditions & Policies and Procedures and usage requirements contained in the
Agreement. If for any reason you do not agree to any and all of the stipulations
contained within the Agreement, do not continue to use the website. Your continued
use of this website constitutes your agreement with and acceptance of the Agreement.
Further, The Club reserves the right to modify, change, update and/or alter the
terms of this Agreement at any point in time and you agree to adhere to any and
all such changes as they are publicly posted on The Club's official site (Site),
which can be found online at www.TheWorldsBiggestBuyingClub.com.
Purpose
The purpose and intent of the Site is to provide you with access to a broad range
of online stores whose products and services you may wish to purchase via online
third party vendors (Advertisers) through their websites by means of an affiliate,
publisher/ advertising relationship The Club (defined as a Publisher,
Associate or Affiliate) enjoys with these advertisers. Kindly note that when using
specific features on this Site and/or Advertiser sites, you are subject to all publicly
disclosed rules, Terms & Conditions and/or Conditions of Use indicated by this
Site and any and all websites you access by first clicking through an advertising
banner link on The Club and then proceeding to an Advertiser site.
Organization of Terms & Conditions Agreement
The Terms & Conditions of this Agreement are organized in the following manner:
- General terms, conditions and permissible usage of this Site
- Purchases made from Advertisers
- Membership Agreement
- Copyright and Trademark Terms
- Disclaimer
General Terms & Conditions
Terms of Use
This Agreement specifically governs your use of any and all websites owned and/or
operated by The Club. Further, each time you use the Site, you affirm that you have
read and agree with all Terms & Conditions and Policies & Procedures contained
in the Agreement. You further affirm that if for any reason you do not agree to
be bound by this Agreement, you waive your right to use the Site.
Terms of Use Regarding Affiliated Relationships & Entities
The Site, in part, may act and function as an online shopping mall, enabling you
to transact with an online merchant or merchants (Advertisers) for products and/or
services they offer directly for sale. The Club is not a representative or partner
of these advertisers. Individuals wishing to learn more about an Advertiser's
products and/or services, or make a purchase, may first click on a banner ad for
that entity, located on The Club Site, which in turn will link the Member directly to the Advertiser's site. In such instances, this Site
is not a provider or seller of the Advertiser's product/s or service/s nor is
The Club a party to any such transaction/s that you may undertake with such Advertiser/s
or provider/s. Further, in such instances, The Club is not acting as an agent, seller
or provider of services nor does The Club have any responsibility for, or liability
associated with, any such products and/or services listed or sold on these websites.
In such instances, you affirm that any product or services inquiries, purchases,
questions, returns, complaints, disputes and/or requests (such as, but not limited
to shipping questions, product availability and/or service defect/s) should be directed
to the appropriate Advertiser/s. The Club hereby affirms and you acknowledge that
The Club does not endorse, warrant and/or guarantee the products or services of
affiliated Advertisers, nor does The Club warrant, guarantee or claim that the content
of affiliated sites including but not limited to pricing, shipping expenses, taxes
or product descriptions -- is accurate or without error. Such Advertiser site content
is strictly the property of the Advertiser and you agree that The Club has no liability
whatsoever for inaccurate or incomplete product or service information. You further
affirm that The Club is in no way liable for any actions or omissions of any affiliated
Advertiser and you acknowledge that you assume all risk associated with the completeness
and accuracy of affiliated Advertiser information and/or pricing.
The Club retains the right at its sole discretion to update, modify or revise the
information, including Advertiser information notably, but not limited to Advertiser
banners -- displayed on the Site without prior notice for any reason whatsoever.
Permissible Website Use
You affirm that your use of the Site will be lawful and acknowledge that the following
rules and regulations are applicable to your use of the Site:
- By accepting these Terms and Conditions and becoming a member of The Club you certify that you are able and/or have the authority to make purchases, operate a PayPal account or equivalent and execute legally
binding agreements/contracts under applicable law. If you do not qualify you must not use The Club’s services.
- A member is considered to have the authority of the person who owns or controls access to the email address provided by such member.
- Membership is free and The Club reserves the right to reject any application for membership or restrict use of the Site and also reserves the right to immediately terminate any membership or use of the Site at any time without liability and in doing so will not be required to provide any reasons.
- You are responsible for all of your transmissions and assume any and all responsibility
and risk for the use of the Site by you and any others, including minors, who may
utilize your computer and/or your Membership account.
- Your use of the Site is subject to all appropriate and applicable local, state,
national and international laws, customs and regulations.
- You agree to complete all transactions that you will fully enter into with the Site
and/or Advertiser sites.
- You affirm that you will abide by all laws and regulations regarding appropriate
use of the Internet.
- You certify that you will abide by The Club Privacy Code.
Utilizing this Site and our Service
To utilize content on the Site, you voluntarily agree that The Club may require certain information about
you. For those individuals wishing to become Members of The Club, you further agree
that The Club may require that you create a Membership account with The Club via
a registration process. You further affirm that the information you provide to The
Club is complete, accurate and truthful. The Club reserves the right to restrict
usage of the Site and/or the creation of a Membership account due to inaccurate
information provided by a member or potential age restrictions and applicable local/city/state/government
regulations that may exist. You further agree that you may be required to use a
username and password to access certain features of The Club and that you are responsible
for keeping this information confidential. The Club requires, and you agree, to
immediately inform The Club if you are aware of any unauthorized use of your account
information.
Personal Use of the Site
You agree that use of the Site is exclusively for your personal, non-commercial
use and that you will comply with this Agreement as well as any city, state, federal
or government rules and regulations that may apply. You further affirm that you
will not utilize The Site or The Club in an unlawful or fraudulent manner, including
(but not limited to) the following:
- Modifying Site content in anyway
- Collecting personal data (including but not limited to email addresses) on other
people without their knowledge and consent
- Impersonating others
- Damaging services provided by The Club
- Delivering unsolicited and/or unauthorized promotional information
- Utilizing any technologies to track or copy Site content or interfere in any way
with the operations of the Site
- Using the Site to disseminate computer tracking software, viruses, Trojans, spyware
and any and all such programs and/or software.
Electronic Protections & Monitoring
You may not employ any computer code, spyware, viruses, worms, data mining software,
computer robots, spiders, scrapers or any other form of related automatic and/or
manual process or program to monitor, alter, interfere with and/or capture the data,
programming code and/or content related to the Site including but not limited to
Site traffic, users, countries of origin, IP addresses, email addresses and any
and all other personal information contained therein.
Ownership
You affirm that all material included on the Site, including but not limited to
graphics, wording, taglines, logos, service marks, copyrights, shopping carts, computer
programming and multi-media is the exclusive property of The Club and/or of the
Advertisers contained therein and your use of the Site does not in any way grant
you a license to use this content. You further affirm that all material included
on Advertiser sites, including but not limited to graphics, wording, logos, service
marks, copyrights, shopping carts and multi-media is the property of the respective
Online Mall Merchant/s Advertiser/s -- and does not in any way grant you a license
to use this content.
Termination
The Club, at its sole discretion, may terminate, suspend, limit or temporarily revoke
your access and/or Membership to The Club Site and its services without prior notice.
You agree that The Club may revoke your access to the Site and that The Club is
not liable in any way to you or any third party for terminating your access either
permanently or temporarily. You further acknowledge that any limitation or termination
of your access to the Site does not in any way change your obligations to The Club
under the Agreement.
Resolution of Disputes
This Agreement shall be governed by the laws of the State of Delaware, United States.
The Club pledges to do its utmost to resolve any problems that you may have with
The Club, the Agreement or the Site in a mutually satisfactory way. Should a dispute
between the parties arise from this Agreement, The Club or Site usage, appropriate
representatives of each party shall communicate electronically or via telephone
within thirty (30) days following written request of either party and attempt to
negotiate or mediate a mutually-agreeable resolution before either party shall commence
any arbitration proceeding or other action legal or otherwise. If such negotiation
or mediation fails to resolve the outstanding issue/s to the mutual satisfaction
of the parties within sixty (60) days after the written request, then all disputes
arising out of, relating to or connected with the Agreement, The Club and/or the
Site will be exclusively resolved under confidential binding arbitration by the
American Arbitration Association (AAA) held in Wilmington, Delaware pursuant to
the applicable AAA commercial rules for arbitration. The decision of the arbitration
shall be final and binding on the parties and, if necessary entered as judgment
to the appropriate court or jurisdiction. All parties agree to award arbitration
costs and expenses related to the arbitration process to the prevailing party as
determined by the arbitrator. Either party may also pursue preliminary or injunctive
legal remedies in a recognized judicial forum pending the decision of the arbitrator,
without waiving the right or effecting the requirement to arbitrate. The parties
consent to jurisdiction and venue before any federal or state court in Wilmington,
State of Delaware, for purposes of enforcing an award by an arbitrator and/or or
any other matter not subject to arbitration. The agreement to arbitrate shall survive
any termination of Membership and/or expiration of the Agreement.
Purchases Made from Advertisers
Role of Parties
As noted earlier in this Agreement, The Club acts as an online shopping mall, enabling
you to transact with an online merchant or merchants (Advertisers) to purchase products
and/or services that they may promote, advertise, display and/or sell via their
own site/s that you visit by first clicking on an advertising banner, link and/or
search box on The Club Site. In such instances, you affirm that you are purchasing
products and/or services directly from an Advertiser, not from The Club. The role
of The Club in these instances is limited to providing an online portal typically
via an Advertiser click-through banner display or search box --through which Advertisers
can sell their products and services directly to you and receive payment directly
from you. You further affirm that Advertisers are solely responsible for product
descriptions, pricing, customer service, fulfilment, applicable taxes, returns and
any and all other elements associated with displaying, selling and delivering their
products. You agree to hold The Club harmless in any disputes that may arise as
a result of your transactions with Advertisers displayed on The Club Site. You further
confirm that any disputes that may arise between you and an Advertiser must be addressed
and resolved between you and the Advertiser/s exclusively entirely independent of
The Club.
Product Availability, Errors & Returns
Inventory or stocks of any all Advertiser products, services and offers may be limited
and are strictly the responsibility of the Advertiser/s. You agree that any errors
in product or service descriptions, pricing, images portrayed, taxes, functionality,
product defaults, product availability, shipping or otherwise is the sole responsibility
of the Advertiser/s. You further affirm that any and all disputes and/or product/service
returns of Advertiser merchandise are matters to be resolved exclusively between
you and the Advertiser.
Termination of Sales
Any and all sales that are terminated by either you or an Advertiser is a matter
to be resolved by these two parties exclusively. You affirm that The Club is not
a party to such a transaction or a related dispute and The Club will be held harmless
in any and all Advertiser transactions in which you participate. To ensure a pleasurable
and satisfactory online shopping experience and to prevent fraud, The Club will
make fair and reasonable efforts to select reputable Advertisers that are displayed
on the Site.
Membership Agreement
Introduction
When you file an application to become a Member to The Worlds Biggest Buying Club
(The Club) you acknowledge and agree to be bound by the Terms & Conditions set
out in this Agreement, the Company Policies & Procedures and the Company "Dividend" Share
Plan, as amended from time to time. Together, these elements form an integral and
fundamental part of this Agreement and are deemed to be incorporated herein. You
understand that to be a Member in good standing of The Club you affirm that you
are legally eligible to apply for membership, acting of
your own free will, are one individual -- not a group or corporate
entity . You further agree that you will not acquire any simultaneous direct or
indirect beneficial interest in more than one membership position without prior
written and official approval from The Club. Neither you nor any nominee, legal
persona, agent, representative may have any direct or indirect interest in, nor
be any form of beneficiary in The Club more than once.
You further affirm that you have read the "Dividend" Share Plan of The Club in its entirety
and that you are in full agreement. You acknowledge that as a Member in good standing
of The Club you have a right to invite new Members to The Club solely in accordance with this Agreement, Terms & Conditions, Policies
& Procedures and "Dividend" Share Plan.
You further acknowledge that the Agreement constitutes a legally binding document
between yourself and The Club, represents the Agreement in its entirety and that
any suggestions, promises, representations and/or other communications not specifically
set forth in this Agreement are not valid. If any provision or clause of this Agreement
is deemed to be not valid (or invalid), The Club will make swift effort to modify
the provision to render it valid, and you acknowledge that the balance of this Agreement
remains enforceable and in full effect.
Membership Rights, Limitations, Qualifications & Obligations
1.0 MEMBERSHIP RIGHTS, LIMITATIONS, QUALIFICATIONS & OBLIGATIONS
1.1
As a Member, you are deemed to be an independent contractor. No contract of employer/employee, master/servant, agent, franchise or any form of joint venture/partnership of any kind between you and The Club exists. You have no power or authority to purport to represent The Club, neither to incur any liability, obligation nor to make any representation or otherwise, whether directly or indirectly, on its behalf. In particular you may not initiate nor accept any order nor accept any payment on The Clubs behalf. You are entirely responsible for your own liabilities and obligations incurred in running your business affairs and under no circumstances does The Club accept any responsibility for them. You hereby agree to indemnify The Club against any liabilities arising out of the acts or omissions of any nature a Member undertakes or creates.
1.2
You undertake and agree to operate your membership lawfully and comply with all
income and taxes and other governmental and local authority obligations, insurances,
licenses and filing/s of relevant returns and information and to discharge those
obligations in a timely manner and to maintain and keep proper accounts and records.
You are at liberty to set your own hours of operation and to determine your own
registered location anywhere around the world provided that you are not in contravention
of any local or international laws and regulations, this agreement, Terms &
Conditions, Policies & Procedures and "Dividend" Share Plan.
1.3
You acknowledge and agree to be bound by the Terms & Conditions set out
in this Agreement, The Club Policies & Procedures and The Club "Dividend" Share Plan,
as amended from time to time and form an integral and fundamental part of this Agreement
and are deemed to be incorporated herein. In the event of any conflict with any
provisions in this Agreement, the Terms & Conditions as set out herein will be deemed
to prevail. All the provisions of this Agreement shall be severable and no provision
shall be affected by the invalidity of any other provision of this Agreement. You
are obliged to continually familiarize yourself with amendments to the Terms &
Conditions, Policies & Procedures from time to time and to constantly observe
and familiarize yourself with the Corporate Materials, "Dividend" Share Plan, and any other
documentation relied upon, including any local and international laws and regulations
published from time to time.
1.4
As a Member, you agree that one of your principle purposes is the promotion
and invitation to The Club and its affiliated stores for which compensation is effected
in accordance with this Agreement, Terms & Conditions, Policies & Procedures and
The Club's "Dividend" Share Plan. In doing so, you undertake to act, promote and invite other lawfully, professionally, in a proper
and businesslike manner, acting honestly and ethically and to use your best endeavours
to do so, on a continuing and uninterrupted basis. You agree not to do anything
that could reflect adversely on the goodwill, reputation and public perception of
The Club, its Members, Advertisers, nor do or permit to be done anything
which could bring the aforesaid into disrepute. You undertake not to make any claims,
statements, warranties, representations, comments nor remarks relating to The Club
nor its Advertisers, nor comment on its "Dividend" Share Plan, structures and operations,
other than that contained in The Clubs official literature nor engage in any
misleading, deceptive or unfair referral methods or promotions.
You agree and indemnify The Club, its Directors, Officers, Employees, Shareholders,
Members and Advertisers and agree to hold them harmless and further agree
that they shall not be held liable for any and all expenses, claims and damages
in association with and/or resulting from this Agreement/conduct in violation of
this Agreement and/or a breach of this Agreement, Terms & Conditions, Policies &
Procedures and the "Dividend" Share Plan.
1.5
Should you promote or invite others to become Members and/or to use The Club
for general online shopping purposes, you undertake to use your efforts to provide
bona fide support and training in all areas of The Club's business including,
but not limited to, ongoing contact, communication, encouragement and support at
all reasonable times.
1.6
You are expressly forbidden, in any manner, from resorting to the use of public
media, which includes radio, television, newspapers, magazines, Internet, pamphlets
etc, for The Club, its products, nor to purport or attempt to represent The Club,
its Advertisers or its Members without The Club's express written permission first
obtained. Any media enquiries must be referred to The Club itself at:
Press@TheWorldsBiggestBuyingClub.com .
1.7
Any information of whatever nature you supply to The Club including personal
details will be stored on a computer database and we may utilise that data for such
purposes as outlined in the Privacy Policy,including the disclosure and dissemination
thereof, all of which you expressly and irrevocably endorse and consent to.
1.8
You acknowledge that you will at all times treat trade secrets as confidential
prior to disclosing to any third party any information relating to the structure,
identities and details of The Club including but not limited to its operations,
marketing strategies, Membership invitation efforts, Guest Registration processes,
"Dividend" Share Plan and any and all other Club Materials (electronic or otherwise)
that you may acquire during and after your association with The Club -- for the
purposes of the business you conduct and to disclose any such information you will
first need to obtain the express, written consent of The Club. You acknowledge that
The Club will pursue any and all breaches of Confidentiality to the fullest extent
of the law.
1.9
The Club name, trademarks, logos, mottos, emblems, intellectual property, descriptive
words, copyrighted material or phrases and any same or similar material together
with The Club's marketing materials vest exclusively in The Club and may only be
used with the prior written approval of The Club first hand obtained. The approved
use of The Club's said Trademarks etc. or any other copyrighted proprietary
products shall always indicate clearly that you are operating independently of The
Club (Independent Member/Contractor). You understand and agree that you may not re-label
or repackage The Club's Products and Services and its Advertisers or market/sell/promote
the said products or services under any other name, label or entity. No marketing
material, including flyers, pamphlets, adverts or otherwise, with or without The
Club's name, logo etc, may be reproduced in whole or in part without The Club's
prior written approval first hand obtained. You agree to use only the official promotional
materials and website of The Club and/or the personal website as provided by The
Club.
1.10
You agree that you will not acquire any simultaneous direct or indirect beneficial
interest in more than one Membership/position without the prior written and official
approval of The Club. Neither you nor any nominee, legal persona, agent, representative
may have any direct or indirect interest in, nor be any form of beneficiary in The
Club "Dividend" Share program more than once.
1.11
Whilst it is recognised that you may be engaged in other business activities,
you expressly agree and undertake that during the currency of this agreement and
for a period of (6) six months after the termination thereof (for any reason whatsoever),
you may not be a party to nor have any interest, direct or indirect, in another
Member's organisation, including any personal referral, nor market or otherwise
promote the sale of any goods or services which compete directly with The Club's
Products or Advertisers or encourage, persuade, refer, invite any person who is a Member to market or sell the products or services of any other company which
uses a channel of distribution similar to that of The Club. Moreover you shall not,
during this period, seek to persuade any other Member to cancel/terminate his or
her Membership/position with The Club, nor to become less active as a Member. You
undertake, additionally, not to cause, nor do or permit to be done anything the
purpose, or effect of which could be construed as interfering with The Club's
contractual relationship with another Member, and, without prejudice to the generality
of the aforegoing, you will not directly invite, entice, solicit, contact, sponsor, recruit
nor accept any other Member/s into an opportunity or opportunities or venture/s
in third party companies or entities.
1.12
You will send to The Club at its address (electronic) stated in this Agreement
(or to such other address The Club may notify the Member of) payment in advance
for all Products ordered and/or any other monies due to The Club by a method of payment acceptable to The Club.
1.13
No monies or reward/s nor other payments are due and no benefits are received
from inviting other Member's and no compensation is guaranteed from mere participation
in The Club's "Dividend" Share Program. You acknowledge that The Club has not made any
claims of guaranteed profits nor representations of anticipated profits that might
result from a Member's efforts. You acknowledge that success as a Member comes
from Product sales/purchases from the Advertisers by the Members in accordance with The Club's "Dividend" Share Plan.
1.14
You will not accept any monies in any form from prospective and/or existing
Members on behalf of The Club.
1.15
You will not make any claim that any regulatory authority approves or endorses
any of The Club Product(s) and/or Product(s) Provider(s) and/or The Clubs Marketing
Methods, and you agree to abide by all applicable laws and regulations relating
to this Agreement and the promotion and invitation to The Club, its Products and Services
and its Advertisers.
1.16
You, on confirmation of the Join Now application form for Membership agree to be bound by the Terms & Conditions and Policies & Procedures.
1.17
The Club is a global buying site, always open to the general public worldwide,
and will feature thousands of Advertiser stores from around the world. The Club
also offers a free Membership Plan for those who want to share
in the success of The Club. Shoppers* (purchased a Silver or Gold MyComPack Plan) can qualify for a slice of the pie --
a share in The Club's total worldwide sales revenue, of which 50% (fifty percent) is paid
back to Members every quarter, much like a "Dividend". When Members invite others
(Direct Invitations) who in turn join and become Shoppers*, they receive a 20% Matching Bonus of all their
"Dividend" Shares. Applicable matching bonuses are also paid quarterly. The Club
will further match 10% of a Member's Quarterly Dividend that he or she donates to
charity, solely as stipulated when logged
onto My Membership Details under My Membership Information Panel.
The Club affirms and you acknowledge that to become a
Shopper* (purchase a Silver or Gold MyComPack Plan each
year), you have no further purchasing requirements for
that year. Each year your Silver or Gold MyComPack product renewal will be
charged automatically to your payment method provided and informing you 60
(sixty) days prior.
1.18
You acknowledge that success of the Quarterly "Dividend" Share payouts comes from Product sales/purchases from online stores (Advertisers) in accordance with The Club's "Dividend" Share Plan. The Club
acknowledges that Members may wish to purchase products and services for their own
consumption as retail sales from Advertisers and such purchases are not made for
purpose of qualification as there is no minimum monthly product or inventory purchases
required for advancement (Club Titles) in the "Dividend" Share program.
1.19
Within the first 7 (seven) days of your Membership appointment, you have the
right to cancel this appointment as a Member at any time without charge nor penalty
by giving notice to that effect ; thereafter, you may terminate this appointment
at any time without further charge by giving 30 (thirty) days notice to that effect.
In each case the notice shall be given to that via email from your registered email
address to The Club.
1.20
In the event that this Agreement expires or is terminated for any reason, your
rights, benefits, obligations and privileges will terminate immediately and you
agree that you will immediately cease to represent yourself as a Member,
and comply with all other applicable provisions of this Agreement.
1.21
Once your appointment has been terminated (by yourself), you will only be eligible
to renew or re-apply to become a Member through a different Member after 6 (six)
months have elapsed from the effective date of resignation/ termination and after
providing, where required, such information or documentation as The Club may require
in advance.
2.0 THE CLUB'S RIGHTS AND OBLIGATIONS
2.1
The Club may in its sole discretion accept or reject any application to become
a Member of The Club.
2.2
The Club will from time to time provide the Member with up to date information
on the Products and/or Corporate Materials and provide all necessary documentation
pertaining thereto. The Club will use its best endeavours to supply these to you
within a reasonable time after receiving payment thereof. The Club reserves the
right to amend or alter the price of the Products, specifications thereof, the "Dividend" Share
Plan, form and content of its marketing materials at its discretion, on reasonable
advance notice, from which date changes will become immediately effective.
2.3
The Club will make, on best effort basis, the availability to the Member the
products and marketing materials as stipulated in the means and methods of acquiring
the same for use and marketing of the same to anyone residing in any country. No
one will be granted any exclusive area or an exclusive franchise.
2.4
The Club undertakes to credit all "Dividend Shares and/or rewards in accordance with
The Club's "Dividend" Share Plan as detailed on the website, as amended from time to
time.
2.5
The Club will only pay "Dividends" Shares due once the cumulative
amount due exceeds $25 (Twenty Five USD).
2.6
The Club will pay, or provide other benefits calculated in accordance with The
Club "Dividend" Share Plan, as amended from time to time, together with and including its
internationally affiliated or associated entities to the best of its ability, but
will not incur liability in the event of foreign impediments, restrictions or conditions
being applied to such compensation.
2.7
The Club will not be held responsible for any income taxes or other taxes which
may become due from the Member(Independent Contractor) as a result of any activities
under this agreement.
2.8
The Club has the right to substitute, amend, modify or materially change the
provisions of this Agreement, the standard Terms & Conditions, Policies &
Procedures, Privacy Policy, the "Dividend" Share Plan in its sole discretion at any time
with not less than 30 (thirty) days notice published on the Site and such change
shall forthwith automatically become incorporated in this Agreement. Changes by
The Club to this Agreement in accordance with this clause, may be notified by any
reasonable means, including publication and notification on its website.
3.0 TERMINATION OR SUSPENSION OF MEMEBRSHIP
3.1
Within the first 7 (seven) days of his/her appointment, the Member has the right
to cancel his/her appointment as a Member at any time without charge nor penalty
by giving written notice to that effect to The Club; thereafter, the Member may
terminate his/her appointment at any time without further charge by giving 30 (thirty)
days written notice to that effect. In each case the notice shall be given to The
Club via email to:
cancel@TheWorldsBiggestBuyingClub.com
from his/her registered email address.
3.2
The Club may terminate this Agreement without being obliged to provide any reason
nor excuse therefor, without liability, by giving the Member 30 (thirty) days written
notice to that effect to the most recent registered email address . The Club reserves
the right, in its sole and unfettered discretion, to appoint another Member in his
or her place and stead.
3.3
If the Member cancels this Agreement within the first seven (7) days, he/she
may additionally cancel any complete or unfulfilled orders placed directly with
The Club, without charge and receive a full refund of anything he/she has properly
paid in connection with his/her participation in The Club "Dividend" Share Program. As a
Member, you agree that any Member order/s placed with Advertisers via The Club during
the first seven days of his/her Membership and throughout the term of his/her Membership
with The Club represent/s a contract and/or agreement between the Member and the
Advertiser of which The Club is not party.
3.4
If the Member terminates his/her appointment within seven (7) days of entering
into the Agreement with The Club, or if The Club terminates the appointment, then,
the Member shall have no further payment contractual obligations. All others Terms
& Conditions including but not limited to dislcosure, confidentiality, disclaimer,
non-disparagement, use of The Club materials, language, wording, videos, electronic
communications, emails remain in full force and effect.
3.5
The Club, without prejudice to any of its rights herein set forth, in particular
its rights herein set forth to cancel forthwith without lawful reason nor excuse,
may upon written notice to the Member suspend the appointment of the Member immediately
and for such period as it in its sole discretion decides, without incurring any
liability of whatsoever nature, if, in the sole and unfettered discretion of The
Club, the Member may have or suspected of, having breached any of the terms of this
Agreement, or conducts him or herself in a manner which in The Club's sole opinion
has prejudiced, affected or materially infringed upon the contractual relationship
which hitherto existed between the Member and The Club. Should the Member in the
event notice of breach is given to him/her by The Club not remedy the breach of
the agreement and/or not rectify the breakdown in the relationship within seven
(7) days of The Club giving written notice to the Member of such breach and/or breakdown
of the relationship, the Company shall be entitled to immediately cancel the appointment
of the Member without incurring any liability of whatsoever nature. Nothing in this
Agreement shall preclude The Club from invoking and enforcing any other remedies
against the Member, including, but not limited to, recovery of such damages suffered
by The Club as a result of any breach of the Agreement or other conduct construed
as being detrimental or potentially detrimental to The Club its interests, purposes
and goals.
3.6
The Club shall be entitled to terminate the appointment of the Member immediately,
without liability, if the Member breaches or infringes any of the terms of this
Agreement, or conducts him or herself in a manner which in The Club's sole and
unfettered discretion and opinion cannot further sustain any form of continued association
or contractual relationship. Nothing in this Agreement shall preclude The Club from invoking and enforcing any other remedies against the Member, including, but not limited to, recovery of such damages suffered by The Club as a result of any breach of the Agreement or other conduct construed as being detrimental or potentially detrimental to The Club its interests, purposes and goals.
4.0 CONSEQUENCES OF SUSPENSION
4.1
In the event that this Agreement is suspended as per 3.5 above, the Member agrees
that he/she will immediately cease to represent himself as a Member, cease to refer
prospective Customers, Guests and/or Members and supply The Club with any information
which may be requested in order for The Club to determine the outcome of the suspension.
4.2
For the duration of the suspension all "Dividend" Share payments calculated on the The
Member's Organisation will be accrued pending the outcome of the suspension. Should
the matter be resolved and the suspension of the Agreement be removed, the Dividend
rewards will be paid over/credited within 48-hours of the Member being notified
of such resolution. Conversely, should the suspension not be resolved in the Members
favour, no benefits will be received.
4.3
The Club without prejudice to any of its other rights herein set forth and notwithstanding
anything else to the contrary anywhere in this agreement contained, shall be entitled
to cancel forthwith without any prior notice and without providing any reason nor
excuse.
5.0 CONSEQUENCES OF TERMINATION/CANCELLATION
5.1
In the event that this Agreement expires or is terminated for any reason, the
Member agrees that he/she will immediately cease to represent himself/herself as
a Member, cease to invite prospective Member's and forthwith
return to The Club all Corporate Materials including any advertising materials pertaining
to The Club; and comply with all other applicable provisions of this Agreement.
5.2
Once a Member's appointment has been terminated by the Member, he/she will only
be eligible to re-apply to become a Member through a different Member
after 6 (six) months have elapsed from the effective date of termination and after
providing, where required, such information or documentation as The Club may require
in advance.
6.0 SALE OR ASSIGNMENT OF MEMBERSHIP/SUCCESSION
6.1
A Member may only sell his/her Membership/position if he/she has the Title of
Club 20 or higher and the continued operation of the Member shall be subject to
application by the proposed new Member and the acceptance by The Club (which shall
be at The Clubs sole and unfettered discretion) of the new Member and provided the
proposed Member is not in contravention or may be placed in a position that they
could result in the Member being in contravention of The Clubs Terms & Conditions.
6.2
Upon the death of a Member, any "Dividend" Shares accrued at the date of death
shall be held for the benefit of the estate of the deceased Member for up to a maximum
of 90(ninety) Days. In the absence of a testamentary beneficiary (such testamentary
beneficiary shall not be in contravention or be placed in a position that would
result in the Member being in contravention of The Clubs Terms & Conditions
and Policies & Procedures. The Club may at its sole discretion appoint a new
Member. The Club however reserves the unfettered discretion to approve any new owner/Member.
7.0 GENERAL
7.1
This Agreement constitutes the entire agreement between The Club and the Member
and supersedes any previous agreements, representations or undertakings, and, save
for amendments contemplated herein, no addition to or variation of its Terms &
Conditions shall be of any force or effect unless agreed to in writing by the Management
of The Club. The failure by The Club at any time to require strict or proper performance
of or to enforce its rights under this Agreement shall in no way affect The Club's
rights to require the remedy of any breach of any provision of this Agreement and
shall not be construed as any form of waiver.
7.2
If any provision in this Agreement shall be held to be unenforceable or invalidthat
provision shall be severable from, the remaining parts of such provisions and the
remainder of the Agreement shall continue to be binding in full force and effect.
7.3
This Agreement shall be governed and construed in accordance with the Laws of
Delaware, United States of America. (See Resolution of Disputes above).
7.4
Any notice(s) the member wishes to send to The Club should be sent to its
address set out in the Agreement or to such other address The Club may notify to
the Member. Any notices which The Club wishes to send to The Club Members will be
sent to the address given on the Member application form or to any other address
which the Member has notified The Club should be used in its place.
7.5
The Member hereby indemnifies The Club, its Directors, staff, employees,
consultants, vendors and shareholders from and against any cost, losses, liability
or expense arising out of the non-performance or gross negligence of the Advertisers
involved with the provision of Products and Services offered.
7.6
This Agreement shall terminate without liability to The Club in the event that
The Club is prevented from complying with its obligations in terms hereof due to
Force Majeure or other circumstances beyond its control and not brought about as
a result of any negligence on its part. Both The Club and the Member agree that
neither party shall be liable in damages or have the right to terminate the Agreement
for any delay or default in performing hereunder if such delay or default is caused
by conditions beyond its control including, but not limited to: Acts of God, Government
restrictions (including the denial or cancellation of any export or other necessary
license), wars, insurrections and/or any other cause beyond the reasonable control
of the party whose performance is affected including, but not limited to the following:
- Natural disasters (earthquakes, hurricanes, floods)
- Wars, riots or other major upheaval
- Performance failures of parties outside the control of the contracting party (e.g.,
disruptions in Internet and/or telephone/communications connectivity services attributable
to the communications-providing entities or entities or labor actions by employees
of a common carrier)
- Server failures
- Computer hacking
- Software glitches
- Disputes with copyright owners
- Licensor labor disputes.
7.7
Neither The Club nor the Member shall be liable for any failure or delay in
performance under the Agreement (other than for delay in the payment of money due
and payable hereunder) to the extent said failures or delays are proximately caused
by causes beyond that party's reasonable control and occurring without its fault
or negligence, including, without limitation, failure of suppliers, subcontractors,
and carriers, or party to substantially meet its performance obligations under this
Agreement, provided that, as a condition to the claim of non-liability, the party
experiencing the difficulty shall give the other prompt written notice, with full
details following the occurrence of the cause relied upon. Dates by which performance
obligations are scheduled to be met will be extended for a period of time equal
to the time lost due to any delay so caused.
Agreement
An agreement takes place when you submit (electronically) a properly completed
Membership Application form is fully received and approved by The Club. Further, The Club reserves the right to
refuse to accept or process and/or to cancel a Membership for the
purpose of preventing fraudulent activity.
Payment Methods & Sales Tax
Payment for any products ordered from The Club must be made in accordance with the
process detailed in the secure shopping cart/payment section of the Site. You affirm
that you are responsible for any and all payments due for products that you have
ordered through the Site. Should The Club not receive payment on amounts due to
us, you agree that you are responsible for the cost associated with overdue payments
and collections. The Club is required by law to charge applicable sales tax on products
shipped to those locales that impose such a tax in which The Club conducts business.
Membership
You acknowledge that while The Club is committed to accurately describing Membership
on the Site, it is possible that some descriptions or images may be either generic
and/or not specific to the particular Membership.
Copyright & Trademarks of Materials on the Site & Advertiser Sites
You affirm that all content, The Club name, trademarks, logo, mottos, emblems, intellectual
property, descriptive words or phrases and any same or similar material together
with The Club's marketing material and data on this Site, including but not limited
to, private data, software, databases, copy, images, icons, links, hyperlinks, designs,
videos and agreements, are the sole property of The Club and as such are fully protected
from infringement by all local, state and U.S. laws as well as international legislation
and treaties. You also acknowledge that no marketing material from The Club, including
but not limited to flyers, logo(s) pamphlets, email notifications, videos or otherwise,
with or without The Club name, logo, tagline/s, expressions, copy and or descriptions
may be reproduced in whole or in part without The Club's prior written approval.
You further affirm that all content, trademarks and data on Advertiser sites, including
but not limited to, private data, software, databases, copy, images, icons, links,
hyperlinks, designs and agreements, are the property of the respective third-party
vendors Advertisers -- and as such are fully protected from infringement by all
local, state and U.S. laws as well as international legislation and treaties. Use
of the Site and Advertiser sites is exclusively for personal, non-commercial use.
You may not reproduce, publish, distribute, extract or re-use any part of the Site
in any form without the expressed written consent of The Club. You may not link
to or establish a hyperlink to the Site without first obtaining expressed written
consent of The Club. You further affirm that you specifically may not use the following
phrases or expressions or any part thereof -- in any written, printed, electronic
video or computer generated format (including email), without the expressed written
consent of The Club: The Worlds Biggest Buying Club, One World. One Club., Shop.
Save. Enjoy., When we shop together, we save together and we profit together.
Disclaimer
You affirm that The Club, its agents and its representatives shall not be held liable
for any loss, liability or damage whatsoever that may arise from your use of the
Site, purchase of goods or services directly from The Club and/or Advertisers you
visit online with the Site acting as your web portal. In addition, The Club attests
and you confirm that The Club makes no representations or warranties, implied, stated
or otherwise, that the technology, content and/or information on the Site is free
from errors or omissions. Please report any potential issues, concerns, malfunctions
and/or suggestions to:
help@TheWorldsBiggestBuyingClub.com.
The Site has been provided on an as is basis and The Club makes no pledges, warranties
or assurances as to the ability of your computer, mobile device and/or software
to access and utilize Site content. The Club disclaims all warranties of product
and service, fitness for particular purposes or uses, title and non-infringement.
You affirm and agree that you assume full responsibility for any and all costs that
may be associated with your use of the Site and that the maintenance of your computer,
software, mobile devices and other related hardware and software used for the purpose
of accessing the Site are your sole responsibility. The Club and its Advertisers
will not be held responsible for any errors, outages, defects, downtime, viruses
and related issues which may occur and which may interfere with your ability to
access the Site or utilize the services of The Club. In the event of any problem
with the Site, you agree that your full remedy is to cease using the Site. All information,
product and service descriptions, images and presentations available on the Site
are for informational purposes and should not be considered professional recommendations
or advice. The Club disclaims any and all liability for product or service defects,
failure, claims, misuse, improper selection and any and all non-compliance with
this Agreement. You further agree to indemnify and hold The Club, its directors,
officers, employees, business partners and/or Advertisers harmless from any claim,
including reasonable attorney fees, made by you or any third party that may arise
from your use of The Club, the Site, use of Advertiser sites, violation of the Agreement
by you or others you enable to use the Site or The Club with your account information.
To the full extent permitted by law, The Club will not be liable for damages associated
with your use of the Site direct, indirect, incidental, special, consequential or
otherwise. You agree that the maximum liability for any of the types of damages
cited or implied in the Agreement shall be limited to the amount that The Club itself
receives from you for the particular transaction that led to the claim. This is
the Agreement in its entirety.