NBS CHARITY WORLD TERMS OF SERVICE
The following terms and conditions govern the usage of NBScharityworld.com
cloud platform by subscription. The usage of a hosted solution is governed by a
separate license agreement.
I. These terms and conditions are legally binding
NBS charity worldware inc (referred also as NBS charity world), the united
states corporation, is the owner and operator of the mlmsoft.com software-asa-service (“the service”). Your use of the service is expressly conditioned on
your acceptance of these terms and conditions (“terms and conditions”). By
using the service, you signify that you unconditionally agree and accept to be
legally bound by these terms and conditions. No other terms or conditions of
any sort in any document, writing or other communication whatsoever made
by you to NBS charity world or its employees, representatives or agents in
relation to the service shall be applicable to or binding on NBS charity world.
II. Changes to this agreement or the services.
NBS charity world reserves the right to alter these terms and conditions at any
time. Such changes will be effective and legally binding on you when posted on
our website for the service or when we use reasonable efforts to notify you by
other means. Please review these terms and conditions periodically for
changes. Your continued use of this service after amended terms and
conditions is posted on this website or is otherwise brought to your attention
signify that you agree and accept to be legally bound by the changes.
III. Grants of licenses to use
3.1. NBS charity world hereby grants to you a limited, non-exclusive, nontransferable right to use the service provided that you agree to the following:
3.1.1. NBS charity world may, at its sole and absolute discretion, without prior
notice to you and without liability, reject, prevent, discontinue or suspend your
account(s) and/or your use of the service if, at its sole discretion, NBS charity
world is of the opinion that your use does not meet NBS charity world’s
specifications or guidelines, or which NBS charity world may consider to be
inappropriate, illegal or harmful to its interests. If NBS charity world exercises
its absolute discretion under this paragraph 3.1, it shall have no liability to
refund any portion of your pre-paid subscriptions, if applicable. Without
limiting or waiving any right against you that NBS charity world may have
under the law or these terms and conditions in relation to any inappropriate,
illegal or harmful use, NBS charity world reserves the right to deduct any costs,
damages or expenses that it may have incurred in relation to such
inappropriate, illegal or harmful use from your unused pre-paid subscriptions,
if any, or to claim the same from you by any other means.
3.1.2. You agree to comply with any policies or guidelines that NBS charity
world may introduce or amend from time to time. NBS charity world’s policies
or guidelines may relate to technical specifications, privacy, acceptable
content, and any other matter, as the same may be amended by NBS charity
world, at its absolute discretion, from time to time.
3.1.3. You agree that you will not provide access to or furnish any part of the
service to any third party; modify, disrupt or interfere with the service,
supporting servers, or networks either manually or through the use of scripts,
viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell
the service; or excessively overload the systems that NBS charity world uses to
provide the service.
3.1.4. NBS charity world may, at its sole and absolute discretion and without
prior notice to you, amend, suspend, vary or withdraw the service, these terms
and conditions and/or its website at any time and from time to time.
3.1.5. You shall be solely responsible for your use of the service and shall
indemnify NBS charity world for, and hold NBS charity world harmless from, all
loss, costs, and damages incurred by NBS charity world in connection with any
claims by third parties against NBS charity world in relation to your use of the
service and in connection with your breach of these terms and conditions or
any policies or guidelines that NBS charity world may introduce from time to
time.
3.1.6. You hereby represent, warrant and covenant to NBS charity world that
at all times, (a) you have all rights, consents, licences and permits that may be
necessary or desirable for you to have in order to use the materials, graphics,
logos, videos, data or information you input into the service (where applicable)
(“your content”) in the manner and the purpose for which you use your
content; (b) all of your content comply with all applicable laws and regulations
and do not violate the rights (including, but not limited to, intellectual property
rights) of any third party.
3.1.7. You represent and warrant to NBS charity world that you have the full
corporate rights, power and authority to agree to these terms and conditions
and perform the obligations agreed by you, and that doing so does not and will
not violate any agreement or obligation to which you are bound, or any
applicable law, rule or regulation.
3.2. You hereby agree that NBS charity world may, but is not obliged to, use
your name and refer to you as a user of the service in any publicity, press
release, advertising or marketing material, throughout the world and using any
form of media. If you wish to use or display NBS charity world’s trademarks or
mention NBS charity world in any publication, website, press release or in any
other manner, you must obtain the prior written consent of NBS charity world.
3.3. You agree that you are solely responsible to obtain or provide any
hardware or software that you may need to gain access to and use the service,
and for any damage or loss that you suffer as a result of the operation of such
hardware or software, including incompatibility with any platforms used by
NBS charity world in providing the service.
3.4. You agree that NBS charity world is the sole owner of and has the right to
use any feedback you provide on the service in any way whatsoever including
to improve existing or create new products and services.
3.5. NBS charity world reserves all rights in the service not granted to you
expressly in these terms and conditions.
3.6. You hereby agree to grant NBS charity world a worldwide, royalty-free,
non-exclusive license to publish, alter, adapt, compile, host and use (a) your
content (including, without limitation, to reproduce in a material form, publish,
perform, communicate to the public, and to make an adaptation of your
content) for the purpose of providing you with the service, and, (b) if NBS
charity world provides any community forum for users of the service to
exchange user tips and publish their comments and opinions, any comments,
opinions and other material you upload or publish on such a forum.
IV. Payment terms
4.1. By creating an account and subscribing for the service or renewing your
subscription for the service, you indicate you agree to the charges imposed by:
4.1.1. NBS charity world for the particular services or products you have
requested. You agree to comply with any payment terms that NBS charity
world may impose from time to time. You may be required to pay NBS charity
world either directly or via its agents, in advance and/or an annual, half yearly,
quarterly or monthly basis to use the service. Your subscription may be
renewed automatically on or close to its expiry at the subscription rates
applicable at the time of renewal. However, even if a facility to renew your
subscription automatically exists, it is solely your responsibility, and not that of
NBS charity world, to ensure that your subscription is renewed prior to its
expiry, failing which your ability to use the service shall expire automatically.
NBS charity world may not give you prior notice of an automatic renewal. If
NBS charity world is unable to effect this automatic renewal for any reason
whatsoever, your subscription will expire automatically. For subscribers
choosing to pay by credit card, subscription fees for renewal may be charged
to the credit card on record unless NBS charity world is notified of a change or
cancellation in writing using the tools or means made available by NBS charity
world.
4.1.2. All sums payable by you to NBS charity world may be quoted exclusive of
any goods and services tax, or any other taxes that may be levied on the
subscription or charges levied by NBS charity world. As such, you agree that
NBS charity world may charge you and/or the credit card on record for any
taxes or charges that NBS charity world is required by any applicable law or
regulation to levy on the subscription or charges.
V. Term and termination
5.1. NBS charity world shall have the right to terminate its relationship with
you, without prior notice, if you breach or fail to comply with any provision of
these terms and conditions. This agreement and your ability to use the service
shall also automatically terminate upon the expiry of your subscription.
5.2. After termination, NBS charity world may, at its sole discretion, maintain
any data you have uploaded into its systems. However, you agree that other
than any obligations expressly stated in these terms and conditions, NBS
charity world has no responsibility to you to maintain your user account or any
of your data after termination and you shall hold NBS charity world harmless
and free from any fees, damages, or claims you may suffer in relation to the
same or any claims or actions you may have or face in relation to the same.
5.3. If termination is due to your failure to renew your subscription on a timely
basis, you may reactivate your account and access your data if renewal under
such circumstances are enabled by NBS charity world. To do so you may have
to pay any subscription fees or charges that may be imposed by NBS charity
world, including reactivation fees (if any), within any period that may be stated
by NBS charity world, failing which NBS charity world may permanently
remove and delete your user account(s) and any data you have uploaded into
its systems.
Vi. Your data, NBS charity world’s data, the storage and transmission of your
data and the NBS charity world privacy policy
6.1. You or your customers, partners or associates, whichever may be
applicable, are the owner of any data you upload into the service (“your
data”). You hereby agree that NBS charity world is the owner of all data other
than your data, including any system generated data generated by the service
or any data compiled or computed from data inputed into the service by all
users of the service (“NBS charity world’s data”). NBS charity world may use all
of NBS charity world’s data in any way it chooses including to improve or adapt
its services, or to create or design new products and services.
6.2. You acknowledge and agree that the nature of the internet is international
and that NBS charity world has your express consent to store and provide
access to your personal or confidential information, and that of your users(s)
and customers, in and from its data-centers located in singapore, germany, and
the united states, and to transmit and deliver such information via the internet
which may involve its transmission across multiple jurisdictions.
6.3. The NBS charity world privacy policy, as may be amended or updated from
time to time, is incorporated into and form part of these terms and conditions.
Vii. Your account(s) and password(s)
7.1. The responsibility to keep secure and confidential any password(s) and
user id(s) NBS charity world may issue to you to access the service, rests solely
with you and the employees, representatives and agents of yours that are
entrusted with the same. If you become aware of any unauthorized access to
your account(s), or any misuse of your password(s) and user id(s) you must
activate the process put in place to disable your account(s) and/or re-issue
new password(s) or user id(s) as soon as possible.
7.2. You agree that you are solely responsible for the actions and omissions of
the person(s) you nominate as user(s) or administrator(s) of your account(s)
for the service. You also agree that NBS charity world may accept instructions
and requests from and communicate with such person(s) until and unless NBS
charity world receives notification that such person(s) are no longer your
user(s) or administrator(s), and such instructions, requests and
communications are valid and legally binding on you. In addition, you are
responsible for any and all use of your account(s) by any persons who are in
possession of your user id(s) or password(s).
Viii. Your indemnity in favour of NBS charity world
8.1. If NBS charity world and/or any of their affiliates (collectively the
“indemnified parties”) take any action to enforce any of the terms and
conditions, you agree to indemnify and hold harmless the indemnified, their
affiliates, and their respective officers, directors, employees and agents from
and against any and all claims, losses, costs, expenses, causes of action or
demands, including reasonable legal and accounting fees, arising out of and
relating to your use of the service, and any and all breaches by you of these
terms and conditions.
IX. Service level agreement
9.1. The service level agreement attached to these terms and conditions is
incorporated into and form part of these terms and conditions.
9.2. No warranties
Unless expressly provided herein, to the fullest extent permitted by law, NBS
charity world makes no warranty or representation of any kind regarding its
website, the service, the products or services available on this website and/or
any materials provided on this website, all of which are provided on an “as is
where is” basis. NBS charity world does not warrant the accuracy,
completeness, currency or reliability of any of the content or data found on the
service, or this website. NBS charity world expressly disclaims all warranties,
and terms and conditions in relation to the service, including all implied
warranties as to merchantability, satisfactory quality, fitness for a general or
particular purpose and non-infringement of proprietary rights, and those
arising by statute or otherwise in law or from a course of dealing or usage of
trade to the fullest extent permitted by the laws of the united states.
For the avoidance of doubt, NBS charity world does not guarantee the
effectiveness of the service.
NBS charity world takes no responsibility for the security, confidentiality or
privacy of the communications and/or data transmitted over the internet and
does not warrant (and expressly excludes any and all express or implied
warranties) that the service will be without failure, delay, interruption, error or
loss of content, data or information. In addition, NBS charity world shall not be
liable for any compatibility issues pertaining to customers’ computers,
applications or other software on any computers using the service.
X. Limitation of liability
10.1. To the fullest extent permitted by law in no event shall NBS charity world
be liable for any injury, loss, claim, damage, or any special, exemplary,
punitive, indirect, incidental or consequential damages of any kind or for any
lost profits or lost savings, whether based in contract, tort (including
negligence), equity, strict liability, statute or otherwise, which arises out of or
is in any way conn content found herein, (ii) any failure or delay (including, but
not limited to the use of or inability to use any component of the service or this
site), or (iii) the performance or non performance by NBS charity world even if
the NBS charity world has been advised of the possibility of damages to such
parties or any other party.
10.2 if, notwithstanding the foregoing, NBS charity world should be found
liable for any loss or damage which arises out of or is in any way connected
with any of the above described functions or uses of this site, the service or its
content, to the full extent permitted by law the combined aggregate liability of
NBS charity world shall in no event exceed the value of the monthly
subscription for the service paid by you or $1000.00, whichever is lower.
Further, NBS charity world’s liability to you in contract, tort, negligence, strict
liability, under statute or otherwise will be reduced to the extent, if any, to
which you contributed to the loss or damage.
Xi. Force majeure
11.1. NBS charity world has no responsibility for and is released from all
contractual obligations and liability (e.g. For damages) if its performance of
these terms and conditions is affected by an event of force majeure. For the
purpose of this clause, the term “force majeure” means and includes any event
which was not under the control of NBS charity world, or was not reasonably
foreseeable, including, but not limited to any natural disaster such as
thunderstorm, flood or storm, fire, national emergency, strike or equivalent
labour action, or the unavailability of the internet for reasons beyond the
control of NBS charity world.
Xii. General provisions
12.1. These terms and conditions are governed by the laws of the state of
florida. The application of the united nations convention on contracts for the
international sale of goods is hereby expressly excluded. The parties agree to
submit to the exclusive jurisdiction of the courts of the state of florida.
12.2. You may not assign your rights hereunder to any third party without the
prior written consent of NBS charity world. No joint venture, partnership,
employment, or agency relationship exists between you and NBS charity world.
12.3. If any provision of these terms and conditions is found invalid or
unenforceable by any us court, the remaining provisions will remain valid and
enforceable, and the unenforceable provisions will be deemed modified to the
extent necessary to make them enforceable.
12.4. These terms and conditions constitute the entire understanding and
agreement between NBS charity world and you and supercedes any and all
prior understandings and/or agreements between the parties in relation to the
service.
12.5. No purported waiver by NBS charity world of any of its rights hereunder
or under any applicable law or regulation shall be valid unless made in writing
by an authorised representative of NBS charity world. No change, amendment
or modification of any provision of these terms and conditions will be valid
unless set forth in writing and mutually agreed to by the parties.
