Last Revised: 8 June 2019 rev2.5
Inspired Enterprises Ltd, “Inspired Enterprises”, “Company” specializes in providing private relationship based marketing, training, services and products. It provides its private group participants access to products and services from both third party providers and directly from the Company.
As part of Inspired Enterprises marketing and training focus, it provides “Participants” access to Online System/s that enable them to apply or to third party company (“TPC”) for various products and or services. The Company also provides for those TPC various services which may include a Participant interface, reporting and support systems to care for their Participants. The Company takes no responsibility or liability for any TPC product, services, statement, claim, offer, etc., available directly from or via the Company Online System/s. When participants apply for products or services using the Companies Online Systems from a TPC, they accept they are entering into a contractual relationship directly with that TPC, and that the Company is not a party to that contractual relationship.
The Company hereby discloses that it receives referral commissions and/or management fees for the services it provides to TPC, but for the sake of clarity, the relationship between the Company and the TPC is NOT one of Agent – Principal, but rather as the Company is independent marketing contractor for the TPC.
Part of the marketing systems provided by the Company is a multilevel referral compensation structure system which provides those that choose to become “Affiliates” of the Company, various rewards for their successful marketing efforts. This commission relationship is between the Company and the Affiliate. The Companies Liability in this regard to Affiliates is limited and solely dependent on the TPC continued payment of the Company’s marketing contractor commission fees from which these commissions are paid.
Without limitation, the Company, our Site/s and Online Service/s do not provide participants with any investment advice, taxation advice or any investment offer whatsoever.
The Debentures you apply are not securities. No promises of future performance or value are or will be made with respect to the Debenture, including no promise of inherent value, no promise of continuing “Interest” payments, and no guarantee that the Debenture will be redeemed by the TPC issuing the Debenture. The Debentures are not participation in the company issuing the Debenture and the Company holds no rights in the TPC. The Debenture is an Advance by you to that TPC and all proceeds received by that company may be spent freely by company absent any conditions unless expressly stated in their Debenture Terms and Conditions.
Online System Usage & Access
Registration and Accounts
In order to access and use the Site/s and Services, you must complete a Participant account details with the Company (an “Account”) having first received a private referral to do so by an Affiliate. You agree to: (a) provide accurate, current and complete information when creating the account; (b) maintain and promptly update your Account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify Inspired Enterprises if you discover or otherwise suspect any security breaches related to Inspired Enterprises; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
We reserve the right to withdraw or amend any Site/s or Service or material we provide on the Online System/s at our sole discretion without notice. We will not be liable if for any reason if all or any part of the Online System/s are unavailable at any time or for any period of time. From time to time, we may restrict access to Participants, Affiliates and TPC to some parts of the Online System, to certain Accounts or the whole of the Online System, including registered users.
You are responsible for:
a) Making all arrangements necessary for you to have access to the Online System/s.
b) Ensuring that all persons who access the Online System/s through your internet connection are aware of these Terms and comply with them.
c) Maintaining and promptly update your Account information.
d) Maintaining the security of your Account by protecting your password, pin, 2FA and restricting access to your Account.
e) All activities that occur in your Account and you accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site/s and Services, or that could damage, disable, overburden or impair the functioning of our Site/s and Services in any manner;
• Use our Site/s and Services to pay for, support or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Site/s and Services or to extract data;
• Use or attempt to use another user's account without authorization;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Site/s and Services that you are not authorized to access;
• Develop any third-party applications that interact with our Sites and Services without our prior written consent;
• Provide false, inaccurate, or misleading information; and
In order to access and use the Site/s and Services and retain any information you wish to relating to the Site/s and Services, you will need a computer with an internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address and mobile phone number on file with the Company.
Application for Debenture
This Section applies to: (a) all applications for Debenture via the Online Systems, and (b) any transaction in which you load digital currencies ("Funds") at the Company direction to complete the application for Debenture. We may, at any time and in our sole discretion, refuse any application for Debenture submitted via the Online System/s, impose limits on the advance amount permitted via the Online System/s or impose any other conditions or restrictions upon your use of the Services and Online Systems without prior notice. If you have sent an insufficient amount of Funds, it is the Companies direction to complete that application for Debenture, we may cancel the entire application or may fulfil a partial application using the amount of Funds currently available. It is your responsibility to determine what, if any, taxes apply to the application you complete via the Online System/s, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the Company is not responsible for determining whether taxes apply to your application of Debenture or for collecting, reporting, withholding or remitting any taxes arising from any application of Debenture or Interest and Advance return.
Transfer of Funds
In order to complete an application for Debenture, you must send Funds to the relevant wallet identified by the Company via the Online System/s. You may be required to verify that you control the external wallet that you use to send Funds. You may be required to provide the transaction identification (TX ID). You may be charged fees by the external wallet you use to send Funds.
The Company is not responsible for any external wallet fees or for the management and security of your external wallet. You are solely responsible for your use of any external wallet, and you agree to comply with all terms and conditions applicable to that external wallet. The timing associated with a transfer of Funds will depend in part upon the performance of third parties responsible for maintaining the applicable external wallet, the mining fee you pay for processing that transfer and the current transaction load of the blockchain at the time of transfer. The company makes no guarantee regarding the amount of time it may take to transfer Funds into your Account so that your Application can be processed and your Debenture issued.
Use of Online System/s to Apply for Debenture
This Section applies only when you use the Online System/s to apply for a Debenture. The Company does not purchase, sell or exchange any digital tokens on behalf of third parties. You acknowledge and agree that: (a) The Company is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by the Company shall be considered or construed as advice. Once you apply via the Online System/syou’re your application is approved and processed, a confirmation will be electronically made available via the Online System detailing the particulars of the Debenture. You acknowledge and agree that the failure of the Online System/s to provide such confirmation shall not prejudice or invalidate the terms of such application for Debenture.
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that the Company provides in connection with your Account and/or use of the Online System/s. You agree that the Company may provide these Communications to you by publishing them via the Online System/s, Via the Company Shuffle channel / group, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number or electronic messaging system connected to that number. Your carrier's normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
You may contact us through support Online System/s support feature or via email email@example.com You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support email firstname.lastname@example.org If you decline or withdraw consent to receive electronic Communications, the Company may suspend or terminate your use of the Sites and/or Services. It is your responsibility to keep your email address and/or mobile phone number on file with the Company up to date so that the Company can communicate with you electronically. It is your responsibility to regularly access the Company Online System/s and read the latest update. You understand and agree that if the Company sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, the Company will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add the Company domains to your email address book so that you will be able to receive the Communications we send to you.
You can update your email address, mobile phone number or street address at any time by logging into your Account or by sending such information via the Support system. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by the Company are returned, the Company may deem your Account to be inactive, and you may not be able to complete any transaction via our Services or Online System/s until we receive a valid, working email address or mobile phone number from you and we change your status back to active.
In using our Services, you will view content provided by third parties, including articles, reviews, comments, insights, analysis and links to web pages of such parties, including but not limited to blogs, forums, communities and social networks. We do not control or approve any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties that are linked to our Service, is at your own risk.
Disclaimer of Warranties:
The Company Site/s and Services are provided “as is” with no warranty of any kind. Your use of our Site/s and Services is at your sole risk. We and our Affiliates make no representations or warranties about the suitability of the information, software, products and services contained in our Site/s for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Site/s and Services will be free from errors, viruses or other harmful components, that Communications to or from the Site/s and Services will be secure and not intercepted, that the Services and other capabilities offered from the Site/s and Services will be uninterrupted, or that their content will be accurate, complete or timely.
We disclaim all warranties and conditions, express, implied, or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation except those specifically set forth in these Terms.
You acknowledge that information you store or transfer through our Site/s and Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Site/s and Services or provided to you through our Site/s.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site/s will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site/s or any Services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Site/s and Online System/s, their content, and any Services or items obtained through the Site/s is at your own risk. The Site/s, their content, and any Services or items obtained through the Site/s are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site/s. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Site/s, its content, or any Services or items obtained through the Site/s will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site/s or the server that makes it available are free of viruses or other harmful components, or that the Site/s or any Services or items obtained through the website will otherwise meet your needs or expectations.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability
In no event shall our Company, our directors, members, employees, agents or Affiliate be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our Site/s, Services or materials, any Site/s linked to it, any content on the Site/s or such other Site/s, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from the Company, any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, or any other loss that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to the Companies' records, programs, servers or Services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of the Company (including our directors, members, employees, agents and Affiliates), to any Participant, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use the Site/s, Online System/s, and Services of the Company or to these Terms, exceed the total fees and or commissions earned by the Company only from the Service provided to that Participant during the 12 months immediately preceding the date of any claim.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
No an Offer of Securities
Neither these Terms nor any other document or information publicly available by the Company without going through your Account and the application process, constitute an offer or solicitation to sell securities. None of the information or analyses presented are intended to form the basis for any decision to apply for a Debenture, and no specific recommendations are intended. Accordingly, these Terms do not constitute investment advice or counsel or solicitation for investment in any security and shall not be construed in that way. These Terms do not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities. The Company expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in the Site/s, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.
No Investment Advice
The Company is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by the Company is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you. The information presented on or through the Company Site/s is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor, Participant or Affiliate to the Site/s, or by anyone who may be informed of any of its contents. The Site/s may include content provided by third parties, including materials provided by other users, affiliates, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Inspired Enterprises, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You agree to defend, indemnify and hold harmless the Company’s (and each of our officers, directors, members, employees, agents and Affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Site/s and Services; (b) any feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Site/s and/or Services.
If for any reason the Company is holding digital tokens in your Account on your behalf, and the Company is unable to return your digital tokens to your designated external wallet after a period of inactivity, then Inspired Enterprises may report and remit such digital tokens in accordance with applicable unclaimed property laws.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding the Company, our Site/s or our Services that you provide, whether by email, posting through our Site/s or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of the Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Site/s if, in our opinion, your post does not comply with the content standards set out in this section.
Confidentiality and Non-Disclosure
For the purposes of this Debenture, “Confidential Information” means:
(a) any business or technical information of the parties which are considered as confidential or proprietary, including but not limited to any information relating to product plans, designs, costs, product prices, finances, marketing plans, corporate structures, commercial relationships, research and development, trade secrets or know-how;
(b) any information that is designated by the disclosing party as “confidential” or “proprietary” or, be that disclosed orally or in writing; and
(c) the contents of this Debenture.
Exclusions. Confidential Information does not include information that:
(a) is developed by the receiving party independently and without use of or concerning the disclosing party’s Confidential Information;
(b) is obtained by the receiving party from a third party without restriction on disclosure and without breach of a non-disclosure obligation;
(c) is in or enters the public domain other than through the fault or negligence of the receiving party and without breach of this Debenture;
(d) the receiving party possesses before first receiving it from the disclosing party;
(e) is legally required to be disclosed by law, at which point the disclosing party will notify the other party.
Obligation. Each party will maintain in strict confidence, and will not use or disclose, except as expressly permitted herein, any Confidential Information received from the other parties. Each party further agrees to use the same degree of care to maintain the confidentiality of all Confidential Information received from the other parties that it uses to maintain the confidentiality of its own information of similar importance, but in no event will it use less than reasonable care.
Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on the Company Site/s or provided in connection with the Services, including, without limitation, the Company Online System and its entire contents, features, and functionality (including but not limited to all information, software, designs, text, graphics, pictures, information, data, video sound files, other files and the selection and arrangement thereof (collectively, "Company Materials")) are the proprietary property of the Company and are protected by international copyright laws, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Company Online System/s for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Company Materials, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Site/s for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any of the Inspired Enterprises Materials
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• You must not access or use for any commercial purposes any part of the Company Materials or any Services. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company Materials in breach of the Terms, your right to use the Company Site/s will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Company or any content on the Site/s is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Company Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
"Inspired Enterprises", the Inspired Enterprises logo and any other Inspired Enterprises product or service names, logos or slogans that may appear on our Services are trademark and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Inspired Enterprises without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of Inspired Enterprises. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Inspired Enterprises and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
A. As a principle, the Company collects only the data we need and will not share your personal information with any third parties other than our identity verification partner and as appropriate, TPC’s that you apply to participate with. Even within the Company, access to your personal information is limited to a subset of people who work on compliance and identity verification matters, support and software development. The Company is the only data controller and processor.
B. You will provide to us, immediately upon our notice of request, information that we, in our sole discretion, deem to be required to maintain compliance with any international, federal, state or local law, regulation or policy. Such documents may include, but are not limited to, passports, driver’s licenses, utility bills, photographs of you, government identification cards, or sworn statements.
C. The Company reserves its right to request documentation, described in the prior paragraph, prior to activating your account at any of the Site/s, and any services, available through the Site/s. The Company may refuse you access to the Site/s and Services should it have doubts as to validity, authenticity and genuineness of the documents, provided by you.
D. The Company collects information from running the Site/s and Services, provided thereto, and uses information, provided to us by you. When you visit the Site/s or use our Services, or those of TPC, we collect information sent to us by your computer, mobile phone, or other access device. This information may include your IP address, device information including, but not limited to, identifier, name, and type, operating system, mobile network information and standard web log information, such as your browser type, and the pages you accessed on our Site/s. When you use a location-enabled device with our Site/s and Services, we may collect geographical location data or use various means to determine the location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and Wi-Fi access spots. However, we will not release your personally-identifying information to any third party without your consent, except as set forth herein.
E. If you create an account at our Site/s or use our Services, we may collect and store the following types of information: contact information – your name, address, phone, email, identity documents and other similar information. Before permitting you to use our Site/s and Services, we may require you to provide additional information (such as a date of birth, passport number, numbers that you may use or have registered with your local tax authority, or other data which can be used for personal identification purposes and that may be required to comply with applicable laws) so that we can verify your identity or address. We may also obtain information about you from third parties such as identity verification services.
F. When you use our Site/s, we collect information about your transactions (such as date, time and amount of transaction) and your other activities on our Site/s and we may collect information about your computer or other access device for fraud prevention purposes. We may collect additional information about you through your interactions with our support team.
G. When you access the Site/s and use our Services we (or google analytics on our behalf) may place small data files called cookies on your computer or other device. We use these technologies to recognize you as our user; customize our Site/s and advertising; measure promotional effectiveness and collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.
H. Throughout these Terms, we use the term “Personal Information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include information that has been anonymised so that it does not identify a specific user.
I. We store and process your Personal Information on our servers. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorization controls. We also authorize access to personal information only for those people who require it to fulfil their responsibilities.
J. We are sometimes required to compare the Personal Information you provide to third party databases in order to verify its accuracy and confirm your identity. This allows us to comply with state and federal anti-money laundering and “know your customer” regulations. We will not sell or rent your personal information to third parties. We may combine your information with information we collect from other companies and use it to improve and personalize the Site/s and our Services, as well as our content and advertising. We may use your name and email address to provide you with information about products or services that may be of interest to you, but we will not use your Personal Information without complying with applicable laws and, where appropriate, obtaining your consent.
K. We reserve our right to share your Personal Information as and when appropriate with:
a. our fund transfer partners; b. companies that we plan to merge with or be acquired by (should such a combination occur, we will require that the newly combined entity follow these terms with respect to your Personal Information, and you would as well receive prior notice of any change in applicable policy); c. 3rd party identification services providers for fraud prevention purposes; d. law enforcement, government officials, or other third parties when i) we are compelled to do so by a subpoena, court order, or similar legal procedure; or ii) we believe in good faith that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our terms; e. other third parties as we deem necessary to operate the business or provide the Service.
L. The Company will provide a limited subset of your Personal Information to Affiliate’s via the Online System to enable them to contact and directly support you. This will not include any Identity documentation and you can limit the data provided to them by adjusting your privacy settings in the Online System/s.
M. You may access, review and edit your Personal Information at any time by logging in to the Site/s using your credentials, however corrections to your name can only be actioned via contact with Support.
N. The data that we collect from you will be transferred to, and stored at, or processed from a destination either inside or outside of the European Economic Area or the United States. By submitting your Personal Information, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these terms. Third parties may be located in other countries where the laws on processing Personal Information may be less stringent than in your country. Our services may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates (including, but not limited to, websites on which the Company services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal information that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Suspension or Termination of Services
In the event of any Force Majeure Event (as defined in "Miscellaneous" Section), breach of this agreement, or any other event that would make provision of the Site/s and Services commercially unreasonable for the Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Site/s and Services. We may terminate your access to the Site/s and Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, the Company will attempt to return any Funds stored in your Account not otherwise owed to the Company unless the Company believes you have committed fraud, negligence or other misconduct.
Applicable Law; Arbitration
Please read the following paragraph carefully because it requires you to arbitrate disputes with us and it limits the manner in which you can seek relief.
Any dispute arising out of or in connection with this Agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the United Nations Commission on International Trade Law (‘UNICITRAL”) Rules of Arbitration, which Rules are incorporated with reference to this clause.
A party claiming that a dispute has arisen must give read-receipt verified email notice to the other party to the dispute specifying the nature of the dispute. On receipt of the notice, the parties to the dispute must, within fourteen (14) days of receipt of the said notice, seek to resolve the dispute.
On receipt of the notice, the parties to the dispute must within fourteen (14) days of receipt of the said notice seek to resolve the dispute.
If the dispute is not resolved within fourteen (14) days or within such further period as the parties mutually agree, then the dispute is to be referred to one Arbitrator. Any such Arbitration shall be administered by the Arbitrator.
In the event the parties fail to agree on an Arbitrator thirty (30) days from the date of the notice of dispute, either party is entitled to contact the Asian International Arbitration Centre (Malaysia), who shall engaged to appoint an Arbitrator.
Any arbitration conducted under this clause is excluded from the supervision of the Courts, which will not intervene in such arbitration save for the enforcement of an award made pursuant to this clause. The parties hereby agree and undertake to mitigate all losses (if any) pending the settlement of a dispute.
Unless otherwise agreed by both parties in writing, the venue of arbitration shall be Kuala Lumpur, Malaysia. Unless otherwise agreed by both parties in writing, the arbitration shall be on the papers in written submission and evidence.
The costs of arbitration will be allocated by the Arbitrator at their discretion as part of their ruling. This cost allocation will be weighted either fully or partially against the party the Arbitrator rules against.
These Terms supersede all prior and contemporaneous understandings between the parties. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company or any other Terms and Conditions you may agree to on the Site/s.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Force Majeure Events
The Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Inspired Enterprises' reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Inspired Enterprises' reasonable control (each, a "Force Majeure Event").
You may not assign, transfer or novate any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign, transfer or novate any or all of its rights and liabilities under these Terms, in whole or in part, without obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.