1.1.Those Terms and Conditions shall govern the principles of using services provided via the ExpAsset Platform by means of the ExpAsset website (hereinafter referred to as the "Platform" or "Website" ).
1.2. Those Terms and Conditions shall become an integral part of each and every Partnership Agreement concluded between: EXP ASSET Ltd Craven House 40-44 Uxbridge Road, Ealing, London, United Kingdom, W5 2B (hereinafter referred to as the "EXPASSET", "Company" or "Service Provider" or "Administartor") and an independent, self-reliant Partner (hereinafter referred to as the "Partner", "User", or "Registered User").
1.3. EXPASSET is a company managing an internet Platform the aim of which is to allow Users to communicate, publish posts, publish comments, and learn the basics of financial market operational paradigms. EXPASSET is a company selling online goods and services (promotional materials, educational materials, online training sessions, online commercial partner acquisition systems, and other services made available by the Service Provider). The scope of available services can be, from time to time, expanded.
1.4. Every entity completing the registration process via the website can become a User. The registration on the ExpAsset Platform is toll-free. Within its scope, services are provided on the basis of commercial requirements set forth in those Terms and Conditions.
1.5. The Service Provider shall set rules and instructions relating to the User account and trading conditions in the account. The Service Provider shall be entitled to change the said rules and instructions from time to time.
1.6. Materials published within the scope of the Portal shall be available to Registered EXPASSET Users. To enjoy the full experience, Users shall purchase the "Premium" Packet.
1.7. Knowledge and materials acquired by the User while using the Platform cannot be used in any activity that is competitive towards EXPASSET, such as selling online goods and services (promotional materials, educational materials, online training sessions, online commercial partner acquisition systems).
2.1 Agreement cannot be concluded by the USA citizens.
2.2 Agreement can be concluded by mature natural persons, who have full legal capacity (under Polish civil law), legal persons, partnerships, and other legal entities.
2.3 Registration shall be offered in an online manner only, after the provision of required pieces of information.
2.4 The User provide their real names and information. User cannot provide any false personal information on Platform, or create an account for anyone other than himself without permission. User will keep his/her contact information accurate and up-to-date and will not share his/her password, let anyone else access his/her account, or do anything else that might jeopardize the security of his/her account. User cannot transfer his/her account to anyone without first getting written permission of the Company. If User selects a username or similar identifier for his/her account or Page to another user, EXPASSET reserves the right to remove it, if believes it is appropriate.
2.5 The company has the right to verify the account and may ask the User for confirmation of the identity of the User.
2.6 User cannot create more than one account on the Platform. Creating more accounts will block settlement of Bonuses referred to in §5 of the Terms and Conditions.
2.8 After the completion of the registration process, the User shall be able to personalize the account by publishing a photo or an avatar. The aforementioned activity shall not breach the provisions of those Terms and Conditions, applicable regulations, and good manners. The Administrator of the EXPASSET Platform shall reserve the right to remove the published avatar or photo if it breaches the provisions of those Terms and Conditions, applicable regulations, or good manners.
2.10 User shall also agree for his or her personal data to be processed now and in the future by the Administrator of the EXPASSET Platform for the purposes of provision of goods and services available via the EXPASSET Platform. The User may also agree for the disclosure of data provided during the registration process to commercial partners cooperating with the Administrator of the EXPASSET Platform for marketing and advertising-related purposes. The Administrator of the EXPASSET shall ensure that the said entities will process the aforementioned pieces of information in compliance with the provisions of the applicable law and will allow the User to check, edit, and delete such data.
2.11 EXPASSET shall reserve the right not to accept the registration-oriented application of the User without providing any explanation of the said decision.
3.1 Premium Packet that is available via the EXPASSET Platform may be purchased by undertaking a one-time advance payment while purchasing specific goods and services via the EXPASSET website. In the case of resigning from the ordered goods and services, the said payment shall not be returned to the User. Withholding of the payment shall not apply in relation to Users which are consumers. Marketing Plan shall contain a detailed description of Premium accounts, as well as available goods and services. The said Marketing Plan shall be an integral part of those Terms and Conditions.
3.2 Premium Users shall be allowed to gather other Users (Partners) to distribute goods and services offered by EXPASSET. After creating and maintaining a sales-oriented structure and taking care of the gathered Users, the User (Partner) shall receive a prior agreed commission for the turnover generated by his or her structure (Downline). The User who not only distributes goods and services directly, but has also managed to create his or her very own distribution channel shall agree that he or she knows that commission and bonus-related provisions are applicable as long as he or she maintains and develops qualifications set forth in the Marketing Plan. If a given qualification is not obtained or developed within the set timeframe, the Premium User shall not be entitled to a commission for the said period or shall be entitled to only a part of turnover-related commission generated by his or her Downline. Qualification criteria shall be set forth in the Marketing Plan being an indispensible part of those Terms and Conditions.
3.3 By purchasing a selected Product Packet, the Premium User shall be granted the access a fully functional and equipped Administration Panel (BackOffice), which shall allow him or her to be up to date with the generated turnover, commissions, and records of other Users. Moreover, the Premium User shall be offered access to various promotional materials, as well as other valuable advertising materials and applications. The Premium User who has decided to purchase a Product Packet shall be also regularly informed about new products, changes in company's operational paradigm, as well as other key pieces of information allowing for conducting a successful business operation. The Premium User shall be granted the right to take part in trainings, seminars, and supportive undertakings organized by EXPASSET.
3.4 Product and service delivery shall be granted by unlocking certain sections of the EXPASSET which shall be available to "Premium" Users only.
3.5 All delivery costs shall be covered by the Partner, unless specified otherwise. This provision applies of physical products and advertising materials available on various markets.
3.6 EXPASSET shall offer "Premium" Users the possibility of generating profit by increasing the overall turnover of the EXPASSET Website
3.7 In order to be able to generate profits, the User shall purchase the Premium service. The minimum payment to be incurred is equal to 100 USD.
3.8 EXPASSET is not an investment-oriented program and shall not considered as such by its Users.
3.9 Bonuses shall be calculated on everyday basis, starting 24 hours after the purchase of the Premium service.
3.10 If the Administrator finds out that the User has more than one Account, all the Accounts shall be permanently and irreversibly deleted.
3.11 All the details relating to both the above and auxiliary options of the expasset.com website, as well as Marketing Plan provisions shall be integral parts of those Terms and Conditions.
4.1 For the advertising purposes, the User shall receive online links redirecting users clicking them to one or more personalized homepage(s) or any of customized landpage(s). Any orders made after clicking the said links shall be ascribed as initiated by the User. In order to inform third parties (prospective customers) about commercial opportunities granted by the EXPASSET, the Administrator of the Platform shall give the User the access to a commercial presentation and many other training and promotional materials alike.
4.2 The availability of all the toll-free advertising materials made available via the EXPASSET can be discontinued at any time.
5.1 Commission amount for both Registered Users and Premium Users shall be specified in the applicable Marketing Plan. Claims for commissions shall relate to the factual turnover only. The date of making a payment for services provided by EXPASSET shall be of key importance.
5.2 Settlement of Bonuses for Premium Users shall take place immediately, in real time. Users requesting Bonus payout shall be at each time charged with 5,00 USD payout fee.
5.3 Commission settlement details shall be visible to the User in his or her Administration Panel (BackOffice) protected with password. Settlements shall also be regularly archived. Possible claims or complaints shall be sent immediately - no later than within 2 weeks from the moment of settlement data publication - in a written form to the following e-mail address: email@example.com. Otherwise, the settlement shall be considered valid. If there have been more than 2 unjustified complaints, the EXPASSET shall have the right to charge the User with a contractual fee for complaint processing.
5.4 Commission shall be paid via the block.io or bitbay.net website and transferred to the account specified by the Partner. (EXPASSET shall have the right to introduce more commission payout options).
5.5 Assignments and transfers of User's claims resulting from those Terms and Conditions shall not be accepted. The User shall not transfer contractual rights to third parties.
5.6 Commissions below the minimal threshold of 100,00 USD shall not be paid. All the commissions below the said amount shall be kept on the transaction Account managed by the User and paid to him or her after exceeding the set threshold. (the User shall have the right to generate registration codes via his or her Administration Panel and offer them to third parties).
5.7 The Marketing Plan is a separate document and its amendment does not require any change to these Terms and Conditions. The Users shall be informed about changes to the Marketing Plan no later than 1 month in advance via the Administration Panel (Profile, Back Office, and Newsletters). The User has the right not to agree to the introduction of specific changes. If he or she fails to inform the Company about his or her disagreement with the new provisions, they shall become integral parts of the Agreement. In the case of disagreement and the lack of willingness to continue cooperation with the EXPASSET, the User shall have the right to terminate the Agreement on the date when the amended version of the Agreement is to enter into force.
6.1 Each and every Registered User shall agree to use the EXPASSET platform in compliance with its purpose, applicable law regulations, societal and moral norms, as well as with the provisions of those Terms and Conditions.
6.2 User shall be required to protect his or her passwords and logins against third parties. If data on User's address, bank, and/or communication method change, they can be updated at any time by the User by means of his or her own Administration Panel (Profile, BackOffice).
6.3 User shall not breach the rights of third parties, as well as the applicable law regulations while being a member of the EXPASSET program. The User is strictly forbidden to send unwanted, advertisement-oriented e-mail, fax, or SMS messages (Spam). The failure to comply with the applicable law regulations, such as the provision of inaccurate, misleading, or incomplete data on products and the entire EXPASSET distribution system shall be strictly forbidden. The User shall not advertise business opportunities or mislead others by presenting misleading data on his or her commissions.
6.4 User shall act as an independent entrepreneur. He or she shall not be considered to be a worker or a sales representative, but rather a distribution Partner of the Company. There shall be no additional requirements with regard to turnover or compulsory supplies. The User shall also not be bound with additional instructions on type, place, or scope of the performed business undertakings. Being an independent entrepreneur, he or she shall be solely responsible for the compliance with the applicable law regulations, including those tax-related, social, and communal ones, as well as for obtaining all the required permits and authorizations to perform business activities (if needed).
6.5 Confidentiality principle: The User is required to keep all the materials and company-specific information relating to the EXPASSET, as well as other data on cooperating companies and their structure confidential. Confidential data are - aside from Downline structures - names and addresses of distribution Partners and EXPASSET clients. This provision shall survive the termination of those Terms and Conditions.
6.6 All the materials used for presentations, advertising materials, video clips, and training materials issued by the EXPASSET shall be protected with copyrights. However, they can be disclosed, publically shown, and modified after adding the "Independent Partner, User, or Premium User of the EXPASSET Platform" description to them.
6.7 Utilization of logotypes of EXPASSET, as well as brands, names of works, and commercial labels of EXPASSET shall be allowed after adding the "Independent Partner, User, or Premium User of the EXPASSET Platform" description to them. The same rule shall apply while registering websites, the name of which includes the EXPASSET name, brands, names of works, and commercial labels. In some cases, the EXPASSET shall be granted the right to request websites the name of which includes the EXPASSET name, brands, names of works, and commercial labels to be deleted, modified, or for the rights to them to be transferred to EXPASSET. Website transfer costs shall be covered by EXPASSET.
6.8 User shall not pretend to work on request or on behalf of EXPASSET while contacting other Users or third parties. Moreover, he or she shall be required to present himself or herself as an independent Partner (User) of the EXPASSET Platform. The User taking advantage of his or her own presentations having the EXPASSET logo shall add the "Independent Partner, User, or Premium User of the EXPASSET Platform" description to them. Websites, headed paper, visiting cards, stickers on cards, as well as advertisements, promotional materials, and documents alike shall have the "Independent Partner, User, or Premium User of the EXPASSET Platform" description added to them. The User shall not apply for a loan or take a loan, make expenses, assume obligations, open bank accounts, conclude other agreements, or making binding claims on behalf of the EXPASSET.
6.9 While establishing and maintaining commercial contacts, the User shall not make negative, derogatory, or illegal claims about the competition or the EXPASSET, as well as avoid making such claims about trademarks or services provided by the competition or the EXPASSET. The User shall not make derogatory or illegal claims aiming at recruiting entities cooperating with competitive companies or other firms.
6.10 User shall not answer press questions strictly relating to the mode of operation of the EXPASSET, its products, marketing plans, or other services. The User shall sent all requests and questions relating to the said aspects directly to the management of the EXPASSET.
6.11 User shall not sell goods below the recommended reselling price or ask third parties to do so.
6.12 User shall take advantage of the EXPASSET is a way that does not interfere with the image and interests of the EXPASSET, as well as does not breach the rights of other Users.
7.1 IT IS HEREBY CLARIFIED THAT THE SERVICES OF THE EXPASSET ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND THE EXPASSET MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT COMPANY'S WEBSITE, SERVERS OR E- MAIL SHALL ALWAYS OPERATE AND/OR BE 100% FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE EXPASSET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF TRADING PLATFORM OR WEBSITE.
7.2 Due to the fact that the trading systems are based, inter ilia, on computer networks, information networks and the Internet, trading performed by the User or part of trading activities may become ceased and/or interrupted without prior notice or for circumstances outside the control of the Company, the User shall not have any claim or demand or right for indemnification with respect to damage claims caused by cease of trading.
7.3 The Company does not warrant the services shall not be interrupted and error free, as well as immune to unauthorized access, hackers attacks, damages, malfunctions, faults in hardware, software, lines and communication systems, trading information providers etc.
7.4 The EXPASSET services provided by the Company should not be seen as investment advice or recommendation by the Company or affiliated companies to perform buy, sell or hold a particular security, financial product or instrument that has a relation to the performance of such investment. The Company is not registered as an investment advisor or brokerage firm.
7.5 The trading services provided by the Company are intended as Transaction execution services for professional and non-professional traders.
7.6 Since the information, including pricing information, is received from third party international data suppliers, the Company is not responsible for the accuracy and the updated rate of the information published on the Internet website and/or EXPASSET Platform, and their compliance with the update rate of the international market. In any case of error in transmitting the information, the Company shall be entitled to amend the pricing and User's positions.
7.7 The User undertake to indemnify the Company and anyone on its behalf, upon its first demand, from and against all liabilities, wrongful act or omission, claim, lose and/orexpense (including legal expenses), duties, taxes, charges, commissions or other expenses incurred by the Company.
7.8 The Company shall have the right to offset any debt or other obligations of the User towards the Company. In any event of voluntary or involuntary insolvency procedures against the Client, all debts, future debts and other obligations of the User towards the Company shall be paid immediately by the User to the Company.
8.1 Premium User who has efficiently recommended a new User/Premium Client the EXPASSET Platform shall be allowed to introduce the said Premium User to his or her very own distribution structure.
8.2 EXPASSET shall be authorized to delete names, addresses, and user data alike from its system if e-mail messages or notifications will be returned and the following reasons will be provided; "addressee unknown", "addressee has passed away", "notification/e-mail not collected", "unknown", or other reasons alike.
8.3 User shall not request territorial protection.
9.1 Agreement with the User shall be concluded for an indefinite period of time.
9.2 Either party may terminate this Agreement by providing a 10 (Ten) days written notice of termination to the other Party. Upon termination notice of this Agreement, Client shall be under the obligation to close all open positions in the Administration Panel, otherwise the Company shall have the right to close all open positions for the Client without assuming any responsibility as to the consequences of the above.
9.3 Upon termination notice receipt, all amounts payable by the either Party to the other Party will become immediately due.
9.4 Termination shall not affect the provisions of this Agreement that are supposed to remain in effect between the Parties by their nature, such as confidentiality, indemnification, limitation of liability, governing law and jurisdiction.
9.5 Agreement validity period can be extended for as long as to the moment of the death of the User. The Agreement may be inherited in incompliance with the applicable law regulations. Inheritors shall conclude a new Agreement with the Company within 6 months. It shall replace the old one concluded with the deceased User. User's death shall be confirmed with a death certificate. If there is a will on the inheritance of the Partnership Agreement, its authorized copy shall be also presented to the representatives of the Company. After the elapse of the specified period of 6 months, all the rights and liabilities of the deceased User shall be passed to the EXPASSET. In rare cases, the 6-month term can be extended if it is considered to be unreasonably short by the inheritors.
9.6 EXPASSET shall reserve the right to terminate the Agreement with immediate effect in special cases. The Company may terminate these terms and conditions immediately without giving any notice in the following cases: (a) Death of the User; (b) in case of a decision of bankruptcy or winding up of the User is taken through a meeting or through the submission of an application for the aforementioned; (c) termination is required by any competent regulatory authority or body; (d) the User violates any provision of the Agreement and in the Company's opinion the Agreement cannot be implemented; (e) the User violates any law or regulation to which he/she is subject (f) the User involves the Company directly or indirectly in any type of fraud. The right to terminate the Agreement with immediate effect shall not affect other claims. In the case of such a termination, the User shall be informed about the said fact within 1 month from the moment of the identification of a gross negligence.
9.7 In the case of termination caused by a gross negligence, the User shall have no right to claim compensation for the costs of access to goods and services offered by EXPASSET, unless the User is the party terminating the agreement due to a gross negligence.
9.8 After Agreement termination, the User shall have no right to claim further commissions or the payment of the outstanding profits, as the User is not a sales representative as understood by the Commercial Code.
10.1 EXPASSET shall have the right to transfer a part or entirety of the company (enterprise) to third parties, providing that the legal successor aggress to comply with the applicable regulations and Agreements.
10.2 Premium User shall have the right to transfer his or her distribution structure. The structure can be transferred only to entities that are not Premium Users of the EXPASSET Platform. Standard Users shall not transfer nor purchase distribution structures.
11.1 Marketing Plan, together with its provision, directives, and recommendations, shall be an integral part of those Terms and Conditions. The User shall be required to comply with the provisions of the most current Marketing Plan.
11.2 While registering on the Website, the User shall guarantee that he or she has familiarized himself or herself with the Marketing Plan and accepts it as an integral part of those Terms and Conditions/ this Agreement.
The EXPASSET shall have the right to organize, from time to time, special offers. Their aim shall be to additionally motivate and encourage reliable, as well as trustworthy Users to continue their cooperation with the Company. In the case of any manipulation of data on generated turnover or points collected allowing to take part in a "Special Promotion" or receive an in-kind prize, the EXPASSET shall have the right to offer the User a lower value in-kind/cash prize or to completely exclude him or her from the promotion or offer.
13.1 EXPASSET retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the court, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user.
13.2 EXPASSET shall inform Users about introduced changes no later than 1 month in advance via the Administration Panel (Profile, Back Office, and Newsletters). The User has the right not to agree to the introduction of specific changes. If he or she fails to inform the Company about his or her disagreement with the new provisions, they shall become integral parts of the Agreement. In the case of disagreement and the lack of willingness to continue cooperation with the EXPASSET, the User shall have the right to terminate the Agreement on the date when the amended version of the Agreement is to enter into force.
14.1 These terms and conditions all contractual-non claims or disputes beetwen the Company and User, are governed by and shall be construed in accordance with the laws of the Republic of Poland. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
14.2 Polish courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms and condictions.
14.3 These terms shall not limit any consumer protection rights that User may be entitled to under the mandatory laws of his/her country of residence.
15.1 Lack of legal basis or the incompleteness of any clause of those Terms and Conditions shall not be equivalent to the entire Agreement being null and void. A clause lacking a proper legal basis shall be replaced with the one that does have it and that maintains the initial sense of the clause to the highest extent possible. The same provision applies to the incompleteness of clauses.
15.2 All complaints about breaches of those Terms and Conditions by Users shall be sent to the following e-mail address: firstname.lastname@example.org Complaints can be also made via proper contact form available on the EXPASSET Platform.
Those Terms and Conditions shall enter into force on 1.07.2017