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Wednesday, 18 Jul 2018

Terms of Business

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Applicability

Any business relation between the MLM Innovations Limited and its customers is subject to the following terms of business only. Differing terms are only applicable if the MLM Innovations Limited has accepted them in writing.

The MLM Innovations Limited reserves the right to change the terms of business without prior notice with effect for the future.

Contracting and withdrawal

The prices on this website are for customers who use the software for professional or commercial purposes.

The MLM Innovations Limited accepts orders on the basis of the offer on this website. However, the MLM Innovations Limited reserves the right to refuse delivery to a customer without giving any reasons. License fees that have been paid already will be refunded immediately. In case of errors - typing or calculation - on this website, the MLM Innovations Limited can withdraw from the contract.

A withdrawal from the license agreement according to § 312d BGB is not possible, even within 14 days from the registration, § 312d para. 4 no. 2 BGB.

Delivery

Unless specified otherwise, delivery is conducted by sending an e-mail with a license file based on the data transmitted by the customer during registration (particularly the MLM company and the distributor id) to the e-mail address used during registration. The software that can be downloaded from this website can be run with the mentioned license file.

Payment and delay

The customer can pay the license fees through PayPal or bank transfer. If the customer delays the payment the MLM Innovations Limited can claim interest 5% above the basis interest rate of the German Bundesbank p.a. If the MLM Innovations Limited can prove that the delay caused more damage it can claim the actual damage.

Offsetting of payment and withholding

The customer may only offset the license fees with claims against the MLM Innovations Limited if such claims have been recognised by a court or the MLM Innovations Limited. Furthermore, the customer may only exercise a right to withhold payments insofar as he has a counter-claim based on the same contract.

Reservation

The license is conferred on the condition of payment of all fees the customer owes the MLM Innovations Limited.

Warranties and liability

If the object of the contract is defect the customer can demand the elimination of such defects or delivery of an object free of defects. If the MLM Innovations Limited fails to fulfil the customers demand the customer can withdraw from the contract, reduce the fees, or claim damages.

The license file is made available for the most recent version of a software that is available on this website. The MLM Innovations Limited disclaims all warranties, express or implied, of the ability of the software to work, or the accuracy of the results the software produces. The customer can register for a version free of charge to test the features of the software and its ability to work for 30 days. By registering for a version that is not free of charge the customer accepts the features of the software and its ability to work.

Unless provided otherwise below, the customer does not have any claims - on whatever legal grounds - against the MLM Innovations Limited. Therefore, the MLM Innovations Limited cannot be held liable for damages that do not affect the object of the contract itself. In particular, the MLM Innovations Limited cannot be held liable for missed business opportunities, other losses, or damage to the PC of the customer. Insofar as the MLM Innovations Limited cannot be held liable, so cannot its employees, its representatives and contractors.

The liability is not limited in the aforementioned way insofar as a damage was caused by the MLM Innovations Limited by intent or gross negligence or a person was injured. It is also not limited if the user makes claims based on §§1, 4 Produkthaftungsgesetz, missing of a promised property, §§ 463, 480 para. 2 BGB, initial inability, or reproachful impossibility.

If the MLM Innovations Limited fails to fulfil a significant part of the contract its liability for damages is limited to typical damages.

The warranty extends for 24 month from delivery. This period is a limitation period that applies also to damages that are caused by a defect of the object of the contract except for claims based on tort law.

Privacy

The customer has been informed about kind, extent, place and reason of the collection, processing and use of personal data that is needed to process orders (see "Privacy notice"). The customer agrees to this collection, processing and use od personal data.

Applicable law and court of jurisdiction

Applicable law is law of the Federal Republic of Germany without consideration of UN laws. The court of jurisdiction is Wiesbaden, Germany.

Precedence of German version

If there are any substantial differences between the English "Terms of Business" and the German "Allgemeinen Geschäftsbedingungen" the "Allgemeinen Geschäftsbedingungen" take precedence over the "Terms of Business".

Salvatorian clause

The validity of these terms of business shall not be affected by one or some of the clauses in these terms of business being void. Any void clause is to be replaced by a similar clause that renders similar results than the void clause.

December 2005