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Polisi, Peraturan,
Terma Dan Syarat-Syarat
Terma Dan Syarat Serta Notis Undang-Undang
(diguna pakai sebagai terma & syarat perundangan standard )
(di dalam Bahasa Inggeris)
The author and publisher of this website and the
accompanying "KuasaForex" product and materials, have used their
best efforts in preparing this program.
The author and publisher make no representation or warranties with
respect to the accuracy, applicability, fitness, or completeness of
the contents of this program and or any products or services
supplied by any third party.
They disclaim any warranties (expressed or implied),
merchantability, or fitness for any particular purpose. The authors
and publisher shall in no event be held liable for any loss or other
damages, including but not limited to special, incidental,
consequential, or other damages. As always, the advice of a
competent legal, tax, accounting or other professional should be
sought.
The author and publisher do not warrant the performance,
effectiveness or applicability of any sites listed here. Any
potential earnings that are discussed on this site, or any sites
owned by the author and publisher, are for your guide only.
I cannot guarantee your earnings or success, in any particular
endeavour. What works for me, or my associates, may not work well
for you. This is a fact of life, and one that you should be fully
aware of when you act upon my advice. All links are for information
purposes only and are not warranted for content, accuracy or any
other implied or explicit purpose.
Every effort has been made to accurately represent this product and
it's potential. Even though this industry is one of the few where
one can write their own check in terms of earnings, there is no
guarantee that you will earn any money using the techniques and
ideas in these materials. Examples in these materials are not to be
interpreted as a promise or guarantee of earnings. Earning potential
is entirely dependent on the person using our product, ideas and
techniques. We do not purport this as a “get rich scheme.”
Any claims made of actual earnings or examples of actual results can
be verified upon request. Your level of success in attaining the
results claimed in our materials depends on the time you devote to
the program, ideas and techniques mentioned, your finances,
knowledge and various skills. Since these factors differ according
to individuals, we cannot guarantee your success or income level.
Nor are we responsible for any of your actions.
Materials in our product and our website may contain information
that includes or is based upon forward-looking statements within the
meaning of the Securities Litigation Reform Act of 1995.
Forward-looking statements give our expectations or forecasts of
future events. You can identify these statements by the fact that
they do not relate strictly to historical or current facts. They use
words such as “anticipate,” “estimate,” “expect,” “project,”
“intend,” “plan,” “believe,” and other words and terms of similar
meaning in connection with a description of potential earnings or
financial performance.
Any and all forward looking statements here or on any of our sales
material are intended to express our opinion of earnings potential.
Many factors will be important in determining your actual results
and no guarantees are made that you will achieve results similar to
ours or anybody else’s, in fact no guarantees are made that you will
achieve any results from our ideas and techniques in our material.
Anti-Spam Policy
This Anti-Spam Notice governs the use of the web page at and its
associated services, web pages, domains and sub-domains, which are
owned and operated by KuasaForex.com ("Owner"). Wherever this Notice
refers to "users" it means "you", while "we" or "our" refer to
KuasaForex.com and "Web Site" refers to any website owned or
operated by KuasaForex.com.
This sets forth our policy with regard to the use of "Spam"
marketing techniques in connection with Internet Marketing. In the
event that we deem you to be in violation of these policies, we
shall immediately revoke your rights and close any active account.
We have a strict policy against spamming. We forbid the sending of
unsolicited mass Emails or unsolicited Emails of any kind in
connection with the marketing of our programs, products services,
and sites.
We reserve the right to terminate your account and participation in
our programs "for cause" if we deem you to be in violation of our
anti-spamming policies. We also reserve the right to suspend your
account and participation pending review upon receipt of any
complaint or other evidence that you may be engaging in any spamming
activity. If your account is terminated because of spamming, you
forfeited all earnings that may be owed to you and you will pay all
direct and indirect expenses that we occur because of your spamming.
We consider spamming to be any activity whereby you directly or
indirectly transmit email messages to any email address that has not
solicited such email and does not consent to such transmission. We
also consider spamming to constitute posting advertisements in
newsgroups in violation of the terms of participation in such
newsgroups that are off topic or in newsgroups that do not
specifically permit advertisements. We also consider it spamming
when advertisements are placed on message boards or in chat rooms
when they are not permitted by the terms of participation in such
message boards and chat rooms.
If you are "spammed" by anyone regarding our products, services,
website, or any other matters, please reports this activity to at
admin@KuasaForex.com
Money Back Guarantee Policy
KuasaForex.com has always prided itself with having one of the best
guarantees in the market. Unfortunately, KuasaForex.com has been
dealing with the problem of some customers purchasing products,
copying them and then sending them back for a refund. It is an
unfortunate situation we find ourselves having to deal with. Because
of the dishonesty of a few, KuasaForex.com is being forced to modify
its 30-Day Money Back Guarantee Policy.
We now ask that, you as the customer do the following in order to
qualify for a refund. First, you must fully read and understand the
e-book at least twice. Secondly, you must setup your forex account
as explained in the eBook. Thirdly, you must start using the
techniques taught in the e-book and start your trading. And finally,
if you perform the trading and fail, you must pass us access into
your account showing proof that you have made a loss using our
techniques. Loss because of pip spread are not be considered as
failure of our technique. Upon confirmation from our side, you can
claim your guarantee minus any related fees incurred by us to
activate and deactivate your account. This will at the very least
show good faith towards the products. This money back guarantee is
not available after 30 days.
We may modify any of the terms and conditions contained in this
terms and conditions, at any time and in our sole discretion, by
posting a change notice or a new agreement on our site.
AFFILIATE TERMS AND CONDITIONS
This Agreement forms the terms & conditions applying to an
individual's or entity's participation in the Kuasaforex.com
affiliate program.
Section 1 - Enrolment in the Programme
To begin the enrolment process, you need to apply via our site. We
will evaluate your application in good faith and will notify you of
your acceptance or rejection. We may reject your application if we
determine (at our sole discretion) that your site is unsuitable for
the Programme. Unsuitable sites include, but are not limited to,
those that:
promote sexually explicit materials
promote violence
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
promote illegal activities
breach intellectual property rights include “KuasaForex” or
variations or misspellings thereof in their domain names
If we reject your application, you are welcome to reapply to the
Programme at any time. You should also note that if we accept your
application and your site is thereafter determined (at our sole
discretion) to be unsuitable for the Programme, we may terminate
this Agreement.
Section 2 - Links on Your Site
We grant you a revocable, non-exclusive, worldwide, royalty-free
licence for the duration of the term of this Agreement, solely for
purposes of facilitating referrals from your site to our site, to
establish and maintain links as contemplated below:
General Link to KuasaForex.com Homepage: You may provide a general
link on your site to our homepage http://www.KuasaForex.com. We will
provide you with guidelines and graphical artwork to use in linking
to the KuasaForex.com homepage.
We will provide you with guidelines and graphical artwork to use in
linking to our home page. To permit accurate tracking, reporting,
and referral fee accrual, we will provide you with special “tagged”
link formats to be used in all links between your site and our site.
You must ensure that each of the links between your site and our
site properly utilizes such special link formats. Links to our site
placed on your site pursuant to this Agreement and which properly
utilize such special link formats are referred to as “Special
Links”. You will earn referral fees only with respect to activity on
our site occurring directly through “Special Links”; we will not be
liable to you with respect to any failure by you to use “Special
Links”, including to the extent that such failure may result in any
reduction of amounts that would otherwise be paid to you pursuant to
this Agreement.
You acknowledge that, by participating in the Affiliate Programme
and placing any of the above links within your site, we may receive
information from or about visitors to your site or communications
between your site and those visitors. Your participation in the
Affiliate Programme constitutes your specific and unconditional
consent to and authorization for our access to, receipt, storage,
use, and disclosure of any and all such information, consistent with
the policies and procedures set forth in our Privacy Notice.
Except for the licence granted under this “Section 2”, you do not
obtain any rights under this Agreement in any intellectual property,
including, without limitation, any intellectual property with
respect to the link formats, technical specifications, guidelines or
graphical artwork referenced above, or with respect to the
KuasaForex.com domain name.
In addition, you acknowledge that we (and our corporate affiliates)
may crawl or otherwise monitor your site for the purpose of ensuring
the quality and reliability of relevant links on your site (for
example, to detect links that are broken or non-functional etc.).
Therefore, you agree that we and our corporate affiliates may take
such actions and that you will not seek to block or otherwise
interfere with such crawling or monitoring (and that we and our
corporate affiliates may use technical means to overcome any methods
used on your site to block or interfere with such crawling or
monitoring).
Further, you acknowledge and agree that you will: (a) not, in
connection with this Agreement, display or reference on your site,
any trademark or logo of any third party seller on the
KuasaForex.com Site; (b) use any data, images, text, or other
information obtained by you from us or our site in connection with
this Agreement (“Content”) only in a lawful manner and only in
accordance with the terms of this Agreement; (c) not modify or alter
any Content that consists of a graphic image, other than to resize
it; (d) not edit any Content that consists of text, other than to
shorten its length; (e) not sell, redistribute, sublicense or
transfer any Content; (f) not use any Content in a manner intended
to send sales to any site other than the KuasaForex.com Site; and
(g) promptly delete any Content that is no longer displayed on the
KuasaForex.com Site or that we notify you is no longer available for
your use.
Section 3 - Order Processing
We will process Product orders placed by customers who follow
“Special Links” from your site to the KuasaForex.com site. We
reserve the right to reject orders that do not comply with any
requirements that we periodically may establish. We will be
responsible for all aspects of order processing. Among other things,
we will prepare order forms; process payments, cancellations and
returns; and handle customer service. We will track sales made to
customers who purchase Products using “Special Links” from your site
to our site and will make available reports summarising this sales
activity. The form, content and frequency of the reports may vary
from time to time at our discretion. To permit accurate tracking,
reporting and fee accrual, you must ensure that the “Special Links”
between your site and our site are properly formatted. We will not
be liable for paying referral fees on purchases that are not
correctly tracked and reported because the links between your site
and our site are not properly formatted.
Section 4 - Referral Fees
We will pay you Referral Fees on certain Product sales to third
parties in accordance with sections 5 and 6 below. For a product
sale to generate a referral fee, the customer must follow a “Special
Link” (in the format specified by us) from your site to the
KuasaForex.com site and add the Product to his or her shopping cart
feature during a session. The session ends upon one of the following
events: (a) 30 days elapses from the customer's initial
click-through, (b) the customer orders the Product, or (c) the
customer follows a third party's “Special Link”. We will only pay
referral fees on such “Products” after order, payment and shipping
have occurred. We will not, however, pay referral fees on any
“Products” that are added to a customer's Shopping Basket after the
customer has re-entered our site (other than through a “Special
Link” from your site or during the 30-day period defined as their
session above), even if the customer previously followed a link from
your site to our site. Further, we will not pay referral fees on any
“Products” purchased from any site operated by us or our Affiliates
other than the KuasaForex.com site. In addition, “Products” listed
in the KuasaForex.com catalogue and that are subsequently
unavailable as they are previously sold, out-of-print or otherwise
undeliverable will not be eligible for any referral fees. Gift
certificates are not eligible to earn referral fees. “Affiliate”
means in respect of a party its “holding company”, its “subsidiary
company” or a subsidiary company of its holding company, as those
terms are defined in section 736 of the UK's Companies Act 1985.
You may not purchase products during sessions initiated through the
links on your site for your own use, for resale or commercial use of
any kind. This includes orders for customers or on behalf of
customers or orders for products to be used by you or your friends,
relatives, or associates in any manner. Such purchases may result
(in our sole discretion) in the withholding of referral fees or the
termination of this Agreement. “Products” that are entitled to earn
referral fees under the rules set forth above are hereinafter
referred to as “Qualifying Products”.
In addition, you may not: (a) directly or indirectly offer any
person or entity any consideration or incentive (including, without
limitation, payment of money (including any rebate), or granting of
any discount or other benefit) for using “Special Links” on your
site to access our site (e.g., by implementing any “rewards”
programme for persons or entities who use “Special Links” on your
site to access our site); (b) read, intercept, record, redirect,
interpret, or fill in the contents of any electronic form or other
materials submitted to us by any person or entity; (c) in any way
modify, redirect, suppress, or substitute the operation of any
button, link, or other interactive feature of our site; (d) make any
orders or subscription requests, or engage in other transactions of
any kind on our site on behalf of any third party, or authorize,
assist, or encourage any other person or entity to do so; (e) take
any action that could reasonably cause any customer confusion as to
our relationship with you, or as to the site on which any functions
or transactions (e.g., search, order, browse, and so on) are
occurring; or (f) other than providing “Special Links” on your Site
in accordance with this Agreement, post or serve any advertisements
or promotional content promoting the KuasaForex.com Site or
otherwise around or in conjunction with the display of our site
(e.g., through any “framing” technique or technology or pop-up
windows or pop-under windows), or assist, authorize, or encourage
any third party to take any such action; or (g) attempt to
circumvent the referral fee schedule or artificially increase your
referral fees (e.g. by intentionally featuring, purchasing or
requesting or encouraging any third party to purchase low-price
items offered on our site (as determined by us) for the purpose of
exceeding any referral fee threshold or by causing any page of the
KuasaForex.com Site to open in a customer's browser other than as a
result of the customer clicking on a “Special Link” on your Site);
(h) attempt to intercept or re-direct (including, without
limitation, via user-installed software) traffic from or on, or
divert referral fees from, any web site that participates in the
Programme; or (i) seek to purchase or register any keywords, search
terms or other identifiers that include the word “KuasaForex” or
variations thereof (for example “KuasaForex.com”, “KuasaForex.com”,
etc.) for use in any search engine, portal, sponsored advertising
service or other search or referral service. If we determine, in our
sole discretion, that you have engaged in any of the foregoing
activities, we may (without limiting any other rights or remedies
available to us) withhold any referral fees otherwise payable to you
under this Agreement and/or terminate this Agreement.
Section 5 - Referral Fee Schedule
For Qualifying Products sold during sessions initiated through
“Special Links” on your site, you will earn (subject to the other
terms of this Agreement) referral fees in accordance with the “Fee
Structure” described below.
The classification of any “Qualifying Products” will be determined
by us in our sole discretion.
Fee Structure:
Subject to the other terms of this Agreement, you will earn 50% of
“Qualifying Revenues” (defined below) from sales of all
“KuasaForex.com Qualifying Product” (defined below) units sold
during sessions initiated through Special Links on your site (such
fees, “Base Referral Fees”).
“Qualifying Revenues” are revenues derived by us from our sales of
Qualifying Product units.
A “KuasaForex.com Qualifying Product” is a Qualifying Product that
is sold and fulfilled by us or on our behalf.
Section 6 - Fee Payment
Referral fees are paid immediately via e-gold. You must register an
e-gold account and submit to us immediately upon registration of
your affiliate account. We will with-hold all outgoing payments
until this has been done by you.
Section 7 - Policies and Pricing
For the avoidance of doubt, customers who buy “Products” through
this Programme will be customers of KuasaForex.com. Accordingly, all
KuasaForex.com rules, policies and operating procedures concerning
customer orders, customer service and Product sales will apply to
those customers. We may change our policies and operating procedures
at any time. For example, we will determine the prices to be charged
for Products sold under this Programme in accordance with its own
pricing policies. Product prices and availability may vary from time
to time. Because price changes may affect “Products” that you
already have listed on your site, you must not include price
information in your “Product” descriptions. We will use commercially
reasonable efforts to present accurate information, but we cannot
guarantee the availability or price of any particular Product.
Section 8 - Identifying Yourself as an Affiliate
You may not issue any press release with respect to this Agreement
or your participation in the Programme without our prior written
consent, which may be given or withheld in our sole discretion.
Doing so may result in your termination from the Programme. You may
e-mail affiliates@KuasaForex.com if you wish to apply for written
consent. In addition, you may not in any manner misrepresent or
embellish the relationship between us and you, or express or imply
any relationship or affiliation between us and you or any other
person or entity except as expressly permitted by this Agreement
(including by expressing or implying that we support, sponsor,
endorse, or contribute money to any charity or other cause. We will
make available to you a small graphic image that identifies your
site as a Programme participant. You must display this logo or the
phrase “In association with KuasaForex.com” somewhere on your site.
We may modify the text or graphic image from this notice from time
to time. We will not be held responsible if you have promoted your
link to someone but that someone failed to include your affiliate ID
during order processing.
Section 9 - Limited Licence
We grant you a nonexclusive, revocable right to use the graphic
image and text described in Section 8 and such other text or images
for which we grant express permission, solely for the purpose of
identifying your site as a Programme participant and to assist
promote the sale of “Products” on our Site. You may not modify the
graphic image and text or any of our images in any way. We reserve
all of our rights in the graphic image and text, any other images,
our trade names and trademarks, and all other intellectual property
rights. You agree to follow our Trademark Guidelines, as those
guidelines may change from time to time. We may revoke these rights
at any time by giving you written notice.
Section 10 - Responsibility for Your Site
You will be solely responsible for the development, operation and
maintenance of your site and for all materials that appear on your
site. For example, you will be solely responsible for:
the technical operation of your site and all related equipment;
creating and posting Product descriptions on your site and linking
those descriptions to the KuasaForex.com catalogue using Special
Links;
the accuracy and appropriateness of materials posted on your site
(including, among other things, all Product-related materials)
ensuring that materials posted on your site do not breach or
infringe upon the rights of any third party (including, for example,
copyrights, trademarks, database rights, privacy or other personal
or proprietary rights);
ensuring that materials posted on your site are not defamatory or
illegal.
We and our Affiliates disclaim all liability for these matters.
Further, you will indemnify and hold us and our Affiliates harmless
from all claims, damages and expenses (including, without
limitation, legal fees) relating to the development, operation,
maintenance and contents of your site.
Section 11 - Term of the Agreement
The term of this Agreement will begin upon our acceptance of your
Programme application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of
termination. You are only eligible to earn referral fees on sales of
Qualifying Products occurring during the term, and fees earned up to
the date of termination will remain payable only if the related
orders are not cancelled or returned. We may withhold your final
payment for a reasonable time to ensure that the correct amount is
paid. Upon termination of this Agreement, you must immediately cease
use of, and remove from your site, all links to our site and all
KuasaForex.com trademarks, trade names and logos and all other
material by or on behalf of us to you in connection with the
Programme.
Section 12 - Modification
We may modify any of the terms and conditions contained in this
Agreement, at any time and at our sole discretion, by posting a
change notice or a new agreement on our site. Modifications may
include, for example, changes in the scope of available referral
fees, fee schedules, payment procedures and Programme rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE
PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Section 13 - Relationship of Parties
You and we are independent contractors and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties or
our respective Affiliates. You will have no authority to make or
accept any offers or representations, guarantees or warranties on
our or our Affiliates' behalf, including with respect to our or our
Affiliates Products or services. You will not make any statement or
representation, whether on your site or otherwise, that that
reasonably would contradict anything in this section.
Section 14 - Limitation of Liability
We will not be liable for indirect, special, or consequential
damages (including any loss of business, revenue, profits or data)
arising in connection with this Agreement or the Programme, even if
we have been advised of the possibility of such damages. Further,
our aggregate liability arising with respect to this Agreement and
the Programme will not exceed the total referral fees paid or
payable to you under this Agreement at the time that the event
giving rise to the liability arises.
Section 15 - Disclaimers
To the fullest extent permitted by law, we make no express or
implied warranties or representations with respect to the Programme
or any Products sold through the Programme (including, without
limitation, warranties of fitness, merchantability, non-infringement
or any implied warranties arising out of a course of performance,
dealing, or trade usage), and the same are hereby excluded. In
addition, we make no representation that the operation of our site
will be uninterrupted or error-free and none of us will be liable
for the consequences of any interruptions or errors.
Section 16 - Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE OR ANY OF OUR
AFFILIATES MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER
REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH
YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
PARTICIPATING IN THE PROGRAMME AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.
Section 17 - Miscellaneous
This Agreement will be governed by the laws of England, without
reference to rules governing choice of laws. You irrevocably consent
to the jurisdiction of such courts. You may not assign this
Agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this Agreement will be
binding on, inure to the benefit of and enforceable against the
parties and their respective successors and assigns. Our failure to
enforce your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement.
Notwithstanding any other provision in this Agreement, nothing in
this Agreement is intended to confer on any person (other than our
Affiliates) any right to enforce any terms of this Agreement which
that person would not have had, but for the Contracts (Rights of
Third Parties) Act 1999.
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