TERMS & CONDITIONS
POLICY AND PROCEDURES OF MEMBERS AGREEMENT
IMPORTANT – Take the time to READ CAREFULLY:
By completing the members signup process and activating service with SYSM.com.au, you signify your acceptance of this TERMS OF USE AGREEMENT. It is your responsibility to understand and be aware of the information provided below.
This Agreement serves as a binding legal agreement between you as the customer, hereafter referred to as "MEMBER" or "MEMBER'S" and Save Yourself Some Money, hereafter referred to as " SYSM.com.au ". Terms of Use Agreement are hereafter referred to as "Agreement." Primary Opportunity refers to the Home Based Business you will promote through SYSM.com.au.
SYSM.com.au extends the privilege and benefit of using it's Internet marketing system to MEMBERS ONLY upon MEMBERS full and unconditional acceptance of this Agreement in it's entirety. Completion of the SYSM.com.au member’s process will give the member an opportunity to activate your member’s individual SYSM.com.au website [http://SYSM.com.au/username] and serve as member’s declaration of commitment to abide by the conditions of this Agreement.
Cancellation Policy
All SYSM.com.au members may cancel their account for any reason at any time.
Members are billed on the anniversary date of their enrollment. If your start date is the 29th, 30th or 31st of the month your anniversary date will be moved to the 28th. These Members will be billed on the 28th of each month because there are not 31 days in every month.
Members may cancel anytime up to 48 hours before they are scheduled to be billed. There are 2 ways to cancel your account.
1. Login to your SYSM.com.au Members area and click on the cancel membership link. From there follow the simple steps to cancel your account.
2. This will get you to send an email to cancellation@sysm.com.au. Put Cancel in the subject line, Include your name and memberid# in the body of the email.
If a member cancels after their billing date they will incur No Future Charges. This is a for monthly services provided by SYSM.com.au so if you Do Not Cancel before you are billed THERE ARE NO REFUNDS.
SYSM.com.au strictly abides by this cancellation policy.
OVERVIEW
SYSM.com.au is an Internet based Marketing System which offers a number of services to members. SYSM.com.au provides but is not limited to the following services:
1. A Prospecting and Marketing System that utilises the Internet as its primary method of communication. This system is designed to offer members a presence on the internet to contact, educate, and train individuals who have expressed interest in Home Based Business Opportunities.
2. SYSM.com.au makes available training for members interested in improving their skills in internet marketing, face-to-face marketing, and other pertinent aspects of owning and operating a Home Based Business for the cost of only $40.00 per month. (SYSM.com.au is not held liable for the implementation of any advice or training consumed or implemented by members.)
This Agreement applies to current and future SYSM.com.au services and products unless specifically stated otherwise.
SYSM.com.au IS NOT IN AND OF ITSELF A BUSINESS OPPORTUNITY. SYSM.com.au OFFERS IT'S INTERNET MARKETING SYSTEM TO SELECT HOME BASED BUSINESS COMPANIES FOR USE BY THOSE COMPANY'S AFFILIATES / REPRESENTATIVES.
Policy and proceduresOF AGREEMENT
MEMBERS RIGHTS AND RESPONSIBILITIES:
1. A MEMBER has the opportunity to use and or receive a personalised version of the sysm.com.au website to prospect, recruit, and train participants for MEMBERS Primary Opportunity.
2. A MEMBER may use their sysm.com.au website to market their Primary Opportunity products and services.
3. Updating of Account Information: MEMBER of sysm.com.au reserves the right and responsibility of ensuring that a MEMBER account information, including billing, mailing address, email address, and contact telephone numbers remain current and accurate so that sysm.com.au can provide the highest level of " MEMBER Service".
4. A MEMBER has the right to use the sysm.com.au marketing system only in accordance with all federal, state, county, and municipal laws and ordinances, rules, and regulations as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.
5. No Assignment: CUSTOMER may not assign any rights or delegate any duties under this Agreement without the prior written consent of SYSM.com.au. Any attempt to transfer or assign this Agreement without the express written consent of SYSM.com.au renders this Agreement void at the option of SYSM.com.au and may result in termination of the same.
SYSM.com.au RIGHTS AND RESPONSIBILITIES:
1. SYSM.com.au may modify this agreement from time to time. A MEMBER understands and agrees to be bound by any modifications made. SYSM.com.au will post any changes in a email for MEMBER’S to review. IF ANY AMENDMENT IS UNACCEPTABLE TO MEMBER, THE ONLY RECOURSE IS TO TERMINATE ALL SERVICE WITH SYSM.com.au . MEMBER’S CONTINUED PAYMENT FOR SERVICE FOLLOWING THE PUBLICATION OF NOTICE OF AMENDMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE AMENDMENT.
2. SYSM.com.au has the right, at its sole discretion, to make any and all changes and updates to MEMBERS websites without any prior notification to MEMBER.
3. SYSM.com.au reserves ownership of all property, both intellectual and tangible, contained within, derived from, or created as a result of the sysm.com.au marketing system. MEMBER is "renting" or "leasing" the use of sysm.com.au property.
4. SYSM.com.au will not allow the use of its trade names, trademarks, designs or symbols by MEMBERS without prior specific written authorization from the appropriate representative of sysm.com.au.
5. Traffic To members websites: sysm.com.au retains the right to limit the amount of traffic flowing to or from member sysm.com.au website. Excessive traffic is that which significantly increases sysm.com.au hosting costs due to increased internet bandwidth usage. sysm.com.au will speak with MEMBER affected by this on a case by case basis.
Malicious abuse of the sysm.com.au system by a member is grounds for immediate termination. SYSM.com.au may charge members Credit Card on file up to $1000.00 per separate incident, if such abuse can be substantiated and attributed to a member.
Relationship of Member to sysm.com.au:
1. MEMBER agrees that they are not an employee, agent, partner, legal representative, or franchisee of sysm.com.au
2. A MEMBER is not authorised to and will not incur any debt, expense, or obligation on behalf of, for, or in the name of sysm.com.au or it's officers and owners.
3. MEMBERS are responsible for the operation of MEMBER Primary Opportunity (Home Based Business) promoted with the sysm.com.au system.
4. A MEMBER agrees to be solely responsible for paying all expenses incurred in the operation of MEMBERS Primary Opportunity, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses.
Effective Time of Agreement:
The initial term of this Agreement begins immediately upon MEMBERS account activation with sysm.com.au and continues until MEMBER has completely and fully cancelled all service with sysm.com.au, or until sysm.com.au suspends or cancels service to MEMBER.
MEMBER understands that cancellation or suspension of sysm.com.au service by either MEMBER or sysm.com.au signifies the end of use of any and all sysm.com.au systems, products, or services previously provided to member.
sysm.com.au has a ZERO TOLERANCE SPAM POLICY
E-mail Abuse Policies & Regulations
- DO NOT SEND unsolicited e-mail (e-mail not requested by the receiving party) sending e-mail that was not requested is considered e-mail abuse. E-mail abuse will result in the termination of your sysm.com.au web site.
- DO NOT SEND mass quantities of e-mail messages containing the name sysm.com.au to parties who did not request the information.
- DO NOT SEND to anyone who requested you to remove them from your subscribe list.
- Anyone abusing the e-mail policies or SPAM laws will be terminated from sysm.com.au
- You must abide by all e-mail laws in your community, county, township, parish, state, or country.
- In order to help people grow their business in sysm.com.au we have established SAFE options for getting traffic to your site.
5. Terms of Use of MEMBER Site:. Member understands and agrees with the following Terms of Use:
In order to permit sysm.com.au to protect the quality of its products and services, you hereby consent to sysm.com.au employees being able to access your account and records on a case by case basis.
You acknowledge that the Associate Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and sysm.com.au owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The sysm.com.au name and logo are trademarks of sysm.com.au. All other trademarks appearing on the Site are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content or Associate Site, in whole or in part. You are granted permission, to the extent necessary in order to lawfully access and use the Associate Site, to display, download, archive and to print in hard copy, portions of the Associate Site for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use, or if this Agreement is terminated. Upon termination, you must immediately destroy any downloaded or printed materials. You may not, without sysm.com.au prior written permission, remove or mirror any material contained on the Associate Site on any other server.
You agree that you will not copy, disassemble, de-compile, or otherwise reverse engineer the Associate Site or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Associate Site, or take any action contrary to this Agreement.
6. Disclaimer of Warranties.
sysm.com.au uses diligent efforts to maintain the Associate Site, but AutomaticBuilder.com is not responsible for any defects or failures associated with the Associate Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
THE Associate SITE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. sysm.com.au EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, sysm.com.au MAKES NO WARRANTY THAT THE Associate SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Associate SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE Associate SITE WILL MEET YOUR EXPECTATIONS. sysm.com.au SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN PART BY YOUR USE OF THE Associate SITE, YOUR RELIANCE ON THE INFORMATION CONTAINED IN THE Associate SITE, OR sysm.com.au SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
sysm.com.au disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
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Any errors in or omissions from the Associate Site and its content, including but not limited to technical inaccuracies and typographical errors.
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The unavailability of the Associate Site or any portion thereof.
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Your use of the Associate Site, or your use of any equipment or software in connection with the Associate Site. Nor does sysm.com.au warrant, guaranty or make any representations regarding the security of your account, or that the Associate Site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage.
7. Limitation of Liability. IN NO EVENT WILL sysm.com.au BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF sysm.com.au HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) USE OF THE Associate SITE, OR THE INABILITY TO USE THE SITE BY ANY PARTY; OR (B) ANY FAILURE OF PERFORMANCE, OR ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; OR (D) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS, OR OTHER TECHNICAL SABOTAGE; OR (E) ANY OTHER MATTER RELATING TO THE Associate SITE OR OPERATION OF THE Associate SITE. IN NO EVENT SHALL AutomaticBuilder.com' LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE Associate SITE.
8. Indemnification. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend, and hold harmless sysm.com.au, its parent company, Associates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Associate Site, your violation of the Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify sysm.com.au of any unauthorized use of your account or any other breach of security known to you.
9. Violation of Agreement. a. I understand that if I fail to comply with the terms of this Agreement, sysm.com.au may, at its discretion, terminate this Agreement. I understand that the failure to timely pay the monthly Associate Charges constitutes a breach of this Agreement.
To the extent permitted by law, sysm.com.au, its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred to as "associates"), shall not be liable for, and I release sysm.com.au and its associates from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of:
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My breach of this Agreement;
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The improper promotion or operation of my Associate site and any activities related to it;
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Cross Sponsoring is strictly prohibited and is cause for immediate termination. The recruitment or trying to recruit sysm.com.au upline members, downline members or sideline members into other programs, systems or businesses not associated with sysm.com.au. This includes but is not limited to schemes, scams, and anything else sysm.com.au deems inappropriate, whether online or offline.
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Any incorrect or wrong data or information provided by me; or
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The failure to provide any information or data necessary for sysm.com.au to operate its business.
sysm.com.au is the sole arbitrator and can in its own judgment and discretion determine cause for termination.
I further agree to indemnify, hold harmless, and defend at my expense sysm.com.au and its associates against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising or alleged to arise in connection with my Associate site and my promotion of the same.
10. Entire Agreement. This Agreement contains the entire contract between sysm.com.au and myself. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.
11. Waiver. Any waiver by sysm.com.au of any breach of this Agreement must be in writing and signed by an authorized officer of sysm.com.au. Waiver by sysm.com.au of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
12. Severability. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
14. Governing Law, Jurisdiction and Venue. This agreement will be governed by and construed in accordance with the laws of the State of Queensland, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Queensland, and I consent irrevocably to the jurisdiction of such courts.
15. Acknowledgment. MEMBERS ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF CONTRACTING SERVICE WITH sysm.com.au AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Terms & Conditions of use of Web Site
Attention: Please read these terms and conditions of use carefully before using this website. By submitting your information you indicate that you accept these terms and conditions of use. If you do not accept these terms and conditions of use, please do not submit your information for enrolment.
sysm.com.au reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions of Use at any time by updating this posting. Please check these terms periodically for changes. Your continued use of the web site following the posting of changes to these terms will mean you accept those changes and that they apply to you. These Terms and Conditions of Use apply to every web site maintained by sysm.com.au.
USE OF SITE CONTENT
sysm.com.au maintains this web site and its content for your personal information, entertainment and education. You may view and download material displayed on the web site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the material. Except as specifically provided, you may not distribute, retransmit, re-publish, reuse, re-post, or use the contents of this web site for public or commercial purposes, without sysm.com.au prior written permission. You may not alter or interfere with the content or functioning of the web site, or "mirror" any content contained on this web site or any other server. The materials at this web site are copyrighted and any unauthorised use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Terms or Conditions of Use, your right to use this web site will terminate automatically. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made in accordance with these terms or otherwise.
YOUR COMMUNICATIONS
sysm.com.au welcomes your comments. However, please do not send sysm.com.au any creative ideas, original materials, or suggestions other than those we have specifically requested. Any communication or material you transmit to sysm.com.au or post to the web site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like (collectively, the "Submissions"), will be deemed, and shall remain, the property of sysm.com.au. The Submissions shall be treated as non-confidential, and may be disseminated or used by sysm.com.au or its affiliates for any purpose including, but not limited to, developing, manufacturing or marketing products. Anything you transmit or post may be used by sysm.com.au or its affiliates for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission publication, and broadcast. You may not post or transmit to or from the web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
DISCLAIMER OF WARRANTY
sysm.com.au does not warrant or represent that the content of the web site is accurate, or that the web site's operation will be error free or uninterrupted, or that it will be free of viruses or other harmful components. You use the web site at your own risk. sysm.com.au does not warrant that your use of materials displayed on this web site will not infringe rights of third parties not owned or affiliated with sysm.com.au. Information published at this website may refer to products, programs or services that are not available in you country. Without limiting the foregoing, the web site is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
Neither sysm.com.au nor any third party involved in creating or delivering the web site will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the web site, even if sysm.com.au has been advised of the possibility of such damages.
COPYRIGHTS The copyright in all content provided on this web site is held by sysm.com.au or by the original creator of the content. Except as provided in these Terms and Conditions of Use, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of Nutronix International or the copyright owner.
TRADEMARKS The trademarks, service marks, and logos ("Trademarks") used and displayed on this web site are registered and unregistered Trademarks of sysm.com.au and others. Nothing on this web site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this web site, without the written permission of the Trademark owner. sysm.com.au aggressively enforces its intellectual property rights to the fullest extent of the law.
LINKS The web site may from time to time display links to other web sites or resources sponsored by third parties as a convenience to you. sysm.com.au is not responsible or liable for, and does not endorse, the content or operation of such third-party web sites, including but not limited to the advertising, products or other materials on or available from such web sites or resources. Various third-party web sites may provide links to this web site. sysm.com.au has not reviewed any or all of the third-party web sites linked to this web site. sysm.com.au is not responsible for the content of any off-site pages or any other web sites linked to this web site. Your linking to this web site, off site pages or other web sites is at your own risk. |