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Terms
of Use Agreement
The following Terms
of Use and all applicable Plan Details form a legally binding contract between
you (‘member’) and Gambit LLP Data Corporation (‘Gambit Co’). Gambit Co is
the owner and operator of a collaborative online business contact and
information exchange, including investment and online sales services and
related systems and (collectively the ‘system’). You desire to have
authorized access to the system. Gambit LLP authorizes access to its
system subject to the following terms and conditions of use (‘terms’). Your
access to or use of the system is subject to these terms and
Gambit LLP will not provide the Services except pursuant to these terms.
This agreement is void where prohibited. In consideration for the mutual
promises contained herein, you and Gambit LLP accept and agree to the
following terms:
Section
1 - Age and Capacity
Only registered
members who are age 18 or older may access the system. You certify that you are
at least 18 years old, have the legal capacity to form a binding contract and
are not a person barred from accessing the system under the laws of any
applicable jurisdiction.
Section
2 - Registration
You are required to
complete a registration process. You certify, represent and warrant that the
information you provide is true, accurate, complete, current, and that it
belongs to you. You shall keep your information complete and up-to-date at all
times. Failure to maintain your registration information may cause your access
to the system to be interrupted, suspended or terminated. You are
responsible for monitoring your account, changing your password periodically
and notifying Gambit LLP immediately of any unauthorized use or breach of
security of your password.
2.1
User Name
You must select a
unique user name as your public identity on the system. Your screen name
identifies you to other members. To protect your privacy, you should choose a
user name that does not reveal your identity.
2.2
Point and Rating System
Gambit LLP uses
a point and rating system. You may be awarded or penalized points based
upon your activity on the system. Gambit LLP may adjust your point
balance or rating, change system point values or modify the point and rating
system at any time at its sole discretion. Gambit LLP may cancel,
suspend or otherwise limit your access to your points balance if we suspect
fraudulent, abusive or unlawful activity with respect to your account.
The following is the points system of Gambit LLP:
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The investment
positions define with I (Invest) and market positions define with M (Market)
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In I position, 100%
of principle transfer to invest site.
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In M position, 100%
of principle transfer to market site.
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The contract is a
10-month period for all of positions and for reutilize profitability plan, the
positions should charge (at least equal with initial amount).
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The minimum amount
for investing in Gambit LLP is €100.
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The persons, who
enroll in Gambit investments with €100-1000, cannot participate in earning the
points by recruitment.
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The persons, who
enroll in Gambit investments with up €500, can participate in earning the
points by recruitment.
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The I positions
returns will compute based on following chart:
| Amount |
Month*percent
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| €1000-10,000
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10*14%
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| €10,000-20,000
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10*16%
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| €20, 000-more
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10*18%
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In the beginning of
every month, the rates of returns & percentages inform to members by
sending a message to their messengers.
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The maximum of
profit variations is ± 5%
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The investor's
principle guarantees by Gambit, when the unfavorable profitability conditions
will occur.
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Monthly investing
returns deposit every calendar 30 days, at GMT 24:00.
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Balance percentages
deposit on 1st day of every month.
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Introduction
percentages deposit on real time.
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The maximum of
balance monthly earnings for all positions is €20,000.
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There is a
combination earnings plan for I & M positions. Therefore, members have no
restriction for selecting or introducing.
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Refund can do until
before the end of which month that registration do on it (if you do
registration in 5 Feb., you can refund until 29 Feb.). After deduction of paid
profits & 20% for contract termination loss, it deposit to investor's bank
account or credit card (It takes between 7-10 workdays)
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Every member has 3
banks in Gambit site.
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Cashing function in
a bank or by credit card only perform for investing bank.
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All of enforceable
transfers between Gambit's internal banks have a €10-multiple.
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The percentage for
introducing: 100~1000 (3%), 1000~10000 (5%), 10000~more (7%).
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For being qualified
to obtain balance percentages, every investor should at least 2 direct
introducing at her/his sides in binary profitability plan (he/she can not
achieve any percentage before doing 2 direct introduce at each sides by
him/her-self).
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Reinvest or adding
to purchase amount will compute base on initial purchase kind. (if you invested
in M at first, now it do the same or if it was in I, now it do the same) Every
investor authorizes maximum 3 positions in M or I (sum 6 positions)
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By every 48-hours
which money remains in Investing Bank (monthly returns),it deposits 0.1% profit
as deposit return, 1.5% monthly & 18% yearly.
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Investment by 10%
investing of investors, made 14% monthly returns in Market Plan.
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20% of referee's
profit & balance profits deposit to market account.
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Minimum of
cashing or deposit for I positions is €100 & for M positions is €10
(€10-multiple)
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All of orders
charges compute before 1st month, and the bought products depend on their
locations, will send up to 15th month (maximum time) by relevant dealer of
every country.
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Gambit LLP
only confirms the bought products or hotel reserving for 48 hours. It announces
to client & buys for he/she through the sites. During of this period,
client's money is blocking.
2.2
Consent
Your registration
information is automatically entered into the system’s business contact
database. You may choose to enter your own business contact information into
the database or another authorized member may enter information that they have
about you.
Section
3 - Subscription Accounts
You must maintain an
active subscription account at all times to have full access to the system.
Gambit LLP offers a variety of subscription plans ("plans") at
varying price and activity levels, including sales plans, some having minimum
activity requirements or other conditions. The different access plans are
designed to accommodate a wide variety of user preferences and each plan
is subject to specific Plan Details. Subscription fees and terms vary
and additional conditions, restrictions and limitations may apply to each
plan.
3.1
Method of Payment
Payments maybe made
by local bank in every country or international credit card. Your account
will remain open and active until your membership is canceled, suspended or
terminated. You authorize Gambit LLP to charge your credit card or bank
account for your recurring subscription fee payments as applicable based upon
your Plan Details. Gambit LLP is permitted to bill you as described
in you Plan Details, including any applicable tax and any other charges you may
incur in connection with your use of the system. Additional charges may include
product sending cost and other requested data services.
3.2
Your Credit Card Information
You are required to
provide all information necessary to open and maintain your subscription
account. For security purposes, certain plans may require that you
to enter and maintain valid credit card information regardless of any
applicable payment options. You authorize Gambit LLP to share information
as is necessary to process your payments. Gambit LLP will use commercially
reasonable business practices to secure your credit card information.
You may change your
bank account or credit card information at any time. You shall keep your bank
account or credit card information up-to-date at all times. You must promptly
notify Gambit LLP of credit card loss, theft or unauthorized usage.
Section
4 - License & Use
You are granted a
license to access the system subject to this contract and all existing rights,
restrictions and limitations. Your license is individual, personal, limited,
restricted, non-exclusive, non-transferable, non-sub licensable, revocable, and
terminable. Your license is limited to one authorized user per account.
You certify,
represent, warrant and agree that you shall use the system and all information
made available through the system for legal and legitimate business purposes
and in a manner that complies with all applicable local, state, national and
international laws, regulations or conventions at all times.
Section
5 - Intellectual Property and Proprietary Rights
The system and the
information made available through the system are subject to copyright,
trademark, intellectual property, trade secret and other proprietary rights and
their use by you beyond the terms of this contract is strictly prohibited
without prior express written authorization. All rights are reserved.
You shall not copy,
reproduce, duplicate, publish, display, transmit, distribute, give, sell,
trade, resell, market, offer for sale, distribute, modify, create derivative
works or otherwise exploit for valuable consideration any information made
available through the system without the express written consent of Gambit LLP.
Gambit LLP
respects the intellectual property and proprietary rights of others.
Section
6 - Termination
You can terminate
your contract (20% deducted for contract loss) before the end of which month
you do registration (for example you registration in 3 May, you can terminate
your contract until 31 May). Absolutely after finishing the month, you cannot
terminate your contract because accounting the points. You may cancel your
subscription account at any time and for any reason.
Gambit LLP has
the right to terminate temporarily or permanently your contract if it found
that you misuse from Gambit system. You will no longer have access to the
system. You will forfeit your accumulated contacts, points, and rating upon
termination. YOUR SUBSCRIPTION FEE WILL NOT BE REFUNDED OR PRORATED FOR
PARTIAL-MONTH USAGE FOLLOWING TERMINATION.
Section
7 - Inputting Information
You shall not enter
illegal or improper information into the system, including, without limitation,
the following:
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Information that is
false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
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Information subject
to confidentiality, non-disclosure, non-competition, trade secret or
proprietary rights, limitations or restrictions;
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Information that
infringes the copyrights or intellectual property rights of others;
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Information that is
sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive,
violent, dangerous, harmful, threatening, abusive, harassing, hateful,
discriminatory or racially, ethnically or otherwise objectionable;
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Information that is
defamatory, libelous or invasive of privacy or publicity rights of others;
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Information that is
actionable or may subject Gambit LLP to legal action or liability of any
kind;
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Information that
violates any applicable local, state, national or international law,
regulation, or convention.
7.1 Use of the System
Gambit LLP has no actual control over your use of information outside the
system. You shall not use the system or information made available through the
system for any purposes or in any manner that is illegal or improper,
including, without limitation, the following:
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For any purpose,
activity or in any manner that is criminal, illegal or actionable;
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In violation of any
local, state, national or international laws, regulations or conventions;
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To illegally ‘spam’
anyone or to sell, give, make available or otherwise distribute information to
a spammer or for the purpose of spamming;
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For unethical
marketing activities;
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To associate,
attribute, collect, store, distribute or otherwise process any non-business
information related to anyone;
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To communicate with
anyone using language or in any manner that is sexually explicit, profane,
pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful,
threatening, abusive, harassing, hateful, discriminatory, or racially,
ethnically or otherwise objectionable.
7.2
Acts against the System
You shall not attempt
to or engage in potentially harmful acts that are directed against the system
including, without limitation, the following:
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Failing to maintain
an acceptable member rating;
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Causing, allowing
or assisting any other person to use your account or impersonate you;
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Forging screen
names, manipulating identifiers or otherwise impersonating any other person for
any reason;
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Emulating or faking
usage of the system;
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Falsely stating or
otherwise misrepresenting your affiliation with any person or entity;
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Introducing
viruses, worms, software, Trojan horses or other similar harmful code into the
system;
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Causing, allowing
or assisting machines, bots or automated services to access or use the system
without the express written permission of Gambit LLP;
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Tampering with the
operation, functionality or the security of the system;
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Attempting to
override or circumvent any security or usage rules embedded into the system
that permit digital materials to be protected;
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Misusing, tricking,
disrupting or otherwise interfering with the system.
7.3
Suspected Misuse and Penalties
Gambit LLP shall
be the sole and final arbiter of suspected Code violations, misuse and penalty.
Suspected violations may result in penalties for misuse including, without
limitation, one or more of the following:
Gambit LLP
reserves the right to seek civil, criminal or injunctive relief, at its sole
discretion and without obligation, to enforce this code.
Section
8 - Legal Notices
8.1
Interruption and Errors
Gambit LLP does
not guarantee that the system will be uninterrupted or error-free.
Gambit LLP may modify, amend, adapt, supplement, suspend, discontinue,
terminate or make other similar changes, temporarily or permanently, to the
system, or any portion thereof, at its discretion, with or without notice.
The system may be
interrupted, delayed or unavailable for your access from time to time for
reasons including, but not limited to, the following: routine data compilation,
service and maintenance; attacks, interference or interruption by the acts of
third parties; earthquake, flood, fire, storm or other natural disaster; war,
terrorism, armed conflict; labor strike, lockout or boycott; power failure or
blackout; or other unforeseen or unavoidable events. Gambit LLP shall not
be liable to you or to any third party for routine, unforeseen or unavoidable
interruption, delay or unavailability.
8.2
Securing Member Information
Gambit LLP uses
commercially reasonable business practices to secure its system.
Gambit LLP does not guarantee the security of information and shall not be
responsible for infiltration, provided that commercially reasonable practices
have been used.
8.3
Reliance and Assumption of Risk
Use of the system is
at your sole discretion and risk. You have independently evaluated the
desirability of using the system. You are not relying on any representation,
guarantee, or statement other than this contract. You shall not rely on the
accuracy, completeness, usefulness or legality of the system or any information
made available through the system at any time. You shall bear all risks of and
are solely responsible for your use of the system and all information made
available to you through the system. After all Gambit system is security place
for working & purchasing.
8.4
Guarantees
Gambit LLP GIVES
GUARANTEE TO ITS USERS, BOTH IN SITE & IN WRITTEN TO SAVE PRINCIPLE AND
PRODUCT SENDING. This guarantee is including ANY IMPLIED WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT ARE DISCLAIMED, and EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS
ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8.5
Limitation of Liability
YOU EXPRESSLY
ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Gambit LLP SHALL NOT BE LIABLE FOR
ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE
LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE
THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY
THEORY OF LIABILITY, AND WHETHER OR NOT Gambit LLP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT
ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
8.6
Indemnification
You agree to
indemnify, defend, and hold Gambit LLP harmless against any loss, damage,
cost, allegation, liability, expense, claim or demand, including court costs
and reasonable fees for attorneys or other professionals, made by any third
party resulting from your use of the system or information made available
through the system.
8.7
Legal Inquiries and Requests
In response to a
verified request by law enforcement or other government officials relating to a
criminal investigation or alleged illegal activity, you agree and authorize
Gambit LLP to disclose information about you without a subpoena.
Gambit LLP, at its
sole discretion, may assist third parties to protect their rights in the event
that illegal or improper information is entered into or made available through
the system or information made available through the system is used for illegal
or improper purposes. G may disclose information about you as required by law
or to comply with legal process; to report suspected illegal activities or to
protect the rights, property or interests of G. Gambit LLP reserves the
right and discretion, without obligation, to enforce this contract by any
appropriate legal means available.
8.8
Choice of Law, Jurisdiction, Forum and Remedies
This contract shall
be governed by UK law, regardless of the choice of law rules of any
jurisdiction.
8.9
Changes to this Agreement
Gambit LLP may
change this contract at any time. Changes to this contract will be prominently
posted to the system. The most current version of the Terms of Use will
supersede all previous versions. Changes shall take effect, unless
otherwise indicated, thirty (30) after posting. If you do not agree with
any changes, you have the option of canceling your subscription prior to
the changes taking effect. Your use of the system or continued use of the
system after changes take effect means that you agree to be bound by such
changes.
Section
9 - Miscellaneous Terms
9.1
Third Party Links
Our system contains
links to other sites. Gambit LLP does not control or endorse those sites
by linking to them. You are solely responsible for your use of those sites.
9.2
No Third Party Beneficiary
This contract is only
for the benefit of you and Gambit LLP No third party has any right, claim
or interest under this contract as a third party beneficiary.
9.3
Assignment
You may not assign or
transfer your rights or obligations under this contract.
9.4
Waiver
Delay or failure to
enforce any terms of this contract is not a waiver of such terms.
9.5
Entire Contract
These terms, together
with all applicable Plan Details, form the entire agreement between you
and Gambit LLP and supersede all related communications and prevails over
any other provisions relating to its subject matter.
9.6
Severability of Terms
If any terms of this
contract are found to be unenforceable, all remaining terms shall continue in
full force and effect as allowed by law.
9.7
Headings
Headings are used for
convenience and are not to be used for meaning or intent.
9.8
Correspondence and Notices
All notices required
by this agreement may be sent by email to support@gambitco.com Notices
are effective upon receipt.
I
HAVE READ THIS CONTRACT. I UNDERSTAND, ACKNOWLEDGE AND ACCEPT ITS TERMS. I
CONSENT AND AGREE TO BE HELD TO THESE TERMS.
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