INTRODUCTION TO TERMS AND CONDITIONS
These terms and conditions apply between all Users of this Website (including but not limited to Members). Additionally, these terms and conditions apply to the use of and (where applicable) purchase of OSM software solutions Products and Services, including but not limited to Membership subscriptions and Events. Please read these terms and conditions carefully, as they affect your legal rights.
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. Your access to and use of the OSM software solutions Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
OSM Software Solutions may change or discontinue any aspect of the Site at any time, including, its content or features. OSM Software Solutions reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. Such changes shall be effective immediately upon notice, which shall be placed on the Site. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
The Site is owned, managed and operated by OSM Software Solutions
3.1. OSM Software Solutions hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following:
3.1.1 OSM Software Solution 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, OSM Software Solution consider the opinion that your use does not meet our specifications or guidelines, or which we may consider to be inappropriate, illegal or harmful to its interests. If we 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 OSM Software Solution may have under the law or these Terms and Conditions to any inappropriate, illegal or harmful use, we reserves the right to deduct any costs, damages or expenses that it may have incurred 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 OSM Software Solutions we may introduce or amend from time to time. Our policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by OSM software Solutions, 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 plan/service to any third party; modify, disrupt or interfere with the plan, 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 OSM Software Solutions uses to provide the Service.
3.1.5. You shall be solely responsible for your use of the Service on the business plan which is purely working plan by OSM Software Solutions in relation to your use of the Service of these Terms and Conditions or any policies or guidelines that OSM Software Solution may introduce from time to time.
4.1. By creating an account and subscribing for the Service/plan or renewing your subscription for the Service, you indicate you agree to the charges imposed by:
4.1.1. OSM Software Solutions for the particular services or products you have requested. You agree to comply with any payment terms that OSM Software may impose from time to time. You may be required to pay OSM Software Solutions either directly or via its promoters to activate your ID.
Your account activation may be renewed automatically on or close to its expiry at the 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 OSM Software, to ensure that your activation is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. OSM Software Solutions may not give you prior notice of an automatic renewal. If OSM Software Solution is unable to effect this automatic renewal for any reason whatsoever, your account activation will expire automatically.
4.1.2 The payout will be credited only to the members who complete his daily tasks. If OSM Software Solutions site maybe won't work or maybe under maintenance for what so ever reason the payout on that day will not be credited on that particular day
5.1. OSM Software Solutions 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 subscriptions.
5.2. If termination is due to your failure to renew your activation on a timely basis, you may reactive your account and access your data if renewal under such circumstances are enabled by OSM Software Solutions. To do so you may have to pay any activation fees or charges that may be imposed by OSM software solutions, including reactivation fees (if any), within any period that may be stated by OSM Software Solutions, failing which OSM Software Solutions may permanently remove and delete your user account(s) and any data you have uploaded into its systems.
6.1. Your responsibility to keep secure and confidential any password(s) and user ID(s) OSM Software Solutions 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 re-change new password(s) or user ID(s) as soon as possible.
Additional Terms and Conditions
By setting up an opportunity with us. You agree that you are the Promoter according to the definition below. You are considered to accepted and agreed to all these terms and conditions and obligations of the Promoter. You are responsible and liable for ensuring that anyone using the Website via your Promoter complies with these terms and conditions.
In these terms and conditions;
I am of legal age in the state of my residency. I agree that I am an independent promoter responsible for determining my own business activities and not an agent or employee of the OSM software solutions. I understand that this position does not constitute the sale of a franchise or a distributorship and I participate as an Independent promoter of the COMPANY.
I agree that as an OSM software solutions Independent Promoter, I shall place primary emphasis upon the promotion and support for the stated goals of the COMPANY and the solicitation of non-ID individuals, businesses and organizations as customers.
1. In each presentation given by the promoter the prospect shall be directly informed that an activation fee will be charged by the COMPANY to become an active ID member of the COMPANY and that its explicit purpose is to emulate the foundational principles of the COMPANY
2. I have carefully read, understood and agree to comply with the COMPANY's Terms and Conditions and Policies and Procedures. I further agree and understand that the COMPANY’s Policies and Procedures are a binding part of this agreement. I understand that I must be in good standing and not in violation of any of the terms of this agreement in order to be eligible to receive any bonuses or commissions for the COMPANY. The continuation of my COMPANY Independent Promotership or my acceptance of bonuses or commissions shall constitute my acceptance of the Terms and Conditions, the Policies and Procedures and any and all amendments pertaining to both.
3. In order to maintain a viable Marketing Program and to comply with the changes to national, state and local laws and economic conditions, the COMPANY may provide additional Terms and Conditions for promoters from time to time, as well as to modify its promoters Compensation Program and Policies and Procedures. Such additional Terms and Conditions, Policies and Procedures and Referral Award Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication on the official COMPANY website or other official COMPANY publications.
4. I understand that no Attorney General or other regulatory authority ever registers or reviews, endorses or approves any product, compensation program or COMPANY, and I will make no such claim to others
5. I am responsible for supervising and supporting the promoters/ID's I refer or enrol into the program and in my commissionable down-line. I agree to maintain monthly communication and support to these promoters in my commissionable down-line by the way of any of the following or combination thereof: Personal contact, telephone communication, written communication and attendance at promoter's meetings.
6. I will not make false, misleading or disparaging statements about the COMPANY, its employees or founders, the business plan, ID positions or the COMPANY mission and vision. Display of commission checks, the making of income projections and use of income testimonials to prospective IDs is strictly prohibited. I will conduct myself as a promoter in a courteous, fair and ethical manner.
7. Change of original enroller is not permitted. ID and customer lists and names are owned by the COMPANY and may never be used for any commercial or business purpose without prior written consent of the COMPANY.
8. I authorize the COMPANY to use my name, photograph, personal story and/or likeness in advertising or promotional
9. I authorize the COMPANY to use my name, photograph, personal story and/or likeness in advertising or promotional
10. I give permission to the company to contact me by email or text messaging for reasons including, but not limited to COMPANY announcements, bonus programs and promotions, changes in policy, etc.
11. I understand and agree that I will not approach any another Promotership or entity to join another network marketing opportunity offered by another company during the term of my OSM software solutions Promotership. In addition, I may be subject to injunctive relief including possible civil penalties and monetary damages for engaging in such conduct.
12. I understand that the COMPANY provides me with a website, PPT's for the promotion of my Business plan. I agree that I will not use them for any purpose other than the promotion. I further understand and agree that I will not use the OSM software solutions name, logo, pictures or trademarks as part of a website or URL that I either own or am associated with. I further understand that doing any of the above may cause financial harm to the COMPANY which may result in me being required to pay damages to the COMPANY for such actions and may also result in termination of my status as an Promoter of the COMPANY
I understand that failure to comply with the above COMPANY Terms and Conditions and Policies and Procedures may result in the termination of Agreement and/or the COMPANY’s Terms and Conditions and Policies and Procedures, the COMPANY may suspend my ID status and any payments due to me may be escrowed until final resolution has been achieved. I acknowledge that in the event of my violation of this Agreement and/or the COMPANY’s Terms and Conditions and/or Policies and Procedures, my ID rights may be terminated without further commission or payments of any kind. I agree to indemnify and hold the COMPANY, its directors, officers or employees harmless from any and all claims, damages or expenses (including attorney fees) that may arise out of my actions or conduct in violation of this Agreement.
I acknowledge the COMPANY’S Business plan is based on current scenario/plan’s and is subject to change without notice.
7.1. The Service Level Agreement attached to these Terms and Conditions is incorporated into and form part of these Terms and Conditions.
7.2. No Warranties
UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, OSM SOFTWARE SOLUTIONS 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. OSM SOFTWARE SOLUTIONS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR THIS WEBSITE. OSM SOFTWARE SOLUTIONS 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.
OSM SOFTWARE SOLUTIONS DOES NOT WARRANT THAT THE SERVICE, THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM OSM SOFTWARE SOLUTIONS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FOR THE AVOIDANCE OF DOUBT, OSM SOFTWARE SOLUTIONS DOES NOT GUARANTEE THE EFFECTIVENESS OF THE SERVICE.
OSM SOFTWARE SOLUTIONS 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, OSM SOFTWARE SOLUTIONS SHALL NOT BE LIABLE FOR ANY COMPATIBILITY ISSUES PERTAINING TO CUSTOMERS’ COMPUTERS, APPLICATIONS OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE.
8.1. You may not assign your rights hereunder to any third party without the prior written consent of OSM Software Solutions.
8.2. If any provision of these Terms and Conditions is found invalid or unenforceable, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable.
8.3. These Terms and Conditions constitute the entire understanding and agreement between OSM Software Solutions and you and supersedes any and all prior understandings and/or agreements between the promoters in relation to the Service.
8.4. No purported waiver by OSM Software Solutions 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 OSM Software Solutions. 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 OSM Software Solutions.