We welcome you warmly on behalf of our company as an Independent Marketing Partners (hereinafter referred to as our “IMP”), and wish you every success and pleasure in your activities as an IMP of gmax world , registered office address at District Court of Frankfurt HRB 111138,Mainzer Landstr. 158, 60327 Frankfurt a. Main, Germany (hereinafter referred to simply as “the Company”).
The present website is provided by the Company as a service, subject to the General Terms and Conditions provided below. The use of the present website and the facilities provided acknowledges the acceptance and understanding of these General Terms and Conditions.
This gmax world trademark may not be copied or used partially or as a whole without the Company's express written consent. Other trademarks appearing on this website may also be a property of the Company or of other owners and may require their explicit consent prior to their use.
Materials provided on the present website are for informational purposes and may be downloaded onto a personal computer for personal non-commercial use only, provided that they are not modified in any way, incorporated in other work, or alter or remove any copyright notice of intellectual property. The above rights are non-exclusive license for use and do not constitute any transfer of rights and or ownership. The said license may be terminated and or revoked at any time at the Company’s sole discretion.
Regarding the distribution of our products and contact with others, it is of utmost importance to ensure a consistently friendly and secure experience for our clients marked by reliability and fair cooperation with each other and with the entire world of network marketing, while upholding the law and ethical principles.
We therefore ask you to read the following Ethical rules as well as our General Terms and Conditions thoroughly read and make these principles your guide in your day-to-day exercise of your activity.
Ethical rules for dealing with clients
- Our IMP’s advise their clients honestly and sincerely, clarifying any misunderstandings about goods, the business opportunity, or other statements made during consulting discussions.
- At the clients’ request, the sales conversation can be omitted, postponed, or amicably discontinued once started.
- When contacting a client, the IMP shall inform the client about all aspects of the product (such as purpose, characteristics, or application) and also, if requested, concerning the potential for further sales.
- All information provided about the goods must be comprehensive and truthful.
- An IMP may not make any claims, promises or other indications about potential speculative changes in exchange rates. The client should not be led to purchase the products through dubious and/or misleading promises nor by promising special benefits when these are linked to uncertain future outcomes.
- IMP’s may not make any comments with respect to their compensation or the potential remuneration of other IMPs. Furthermore, an IMP may not guarantee payments or otherwise raise expectations.
- An IMP may not claim that the gmax world Compensation Plan or goods have been endorsed, approved, or supported by any government and/or agency. Ethical rules for dealing with IMP.
- IMPs must always treat each other fairly and respectfully. The same also applies to dealing with partners in other network marketing companies.
- New IMP’s should be informed truthfully about their rights and obligations. No information should be provided concerning potential revenue and earnings opportunities.
- No verbal assurances may be made regarding the gmax world goods and services.
- IMP’s are not allowed to poach IMP from other companies. Furthermore, IMP’s are not allowed to suggest that other IMP’s change their sponsor within gmax world.
- Compliance with the obligations of Point 7-10 of the following General Terms and Conditions in addition to these Ethical rules is required at all times.
Ethical rules for dealing with other companies
- gmax world IMP’s will always be fair and honest in their conduct towards other network marketing companies.
- The systematic recruitment (poaching) of partners is not permitted.
- Disparaging, misleading, or unfair comparative statements about the goods or distribution systems of other companies is prohibited. Having introduced our Company’s basic Ethical rules, we would now like you to become familiar with the gmax world General Terms and Conditions.
1 Scope of validity
(1.1) The following General Terms and Conditions are an integral part of every sales partnership agreement between the Company, represented by its Managing Director(s) and the independent, self-employed IMP.
(1.2) The Company provides its services solely on the basis of these General Terms and Conditions.
2 Subject of the General Terms and Conditions, equipment packages and additional services
(2.1) The Company is a network – marketing company, exclusively providing to its members, opportunity to sell/promote gmax world's Clients product and services.
(2.2) In addition, there is a possibility, but not the obligation to recruit other IMPs. Upon obtaining the required qualification, IMP’s receive a bonus for the realised sales and for the support they provide to those IMP’s they recruit. A bonus is expressly not paid for the mere recruitment of new IMP, but for the value of the sales. The bonus and the manner in which it will be paid will be based on the compensation plan in force at that time.
(2.3) IMP’s are provided with an online back office for their activities free of charge; said back office will provide an up-to-date and comprehensive overview of their sales, bonuses, and their growth in client and down line figures. In addition, IMP’s may, but are not required to, purchase various services.
(2.4) gmax world Account allows members to generate bonuses from the Network's rewards plan. Accounts that are not active within 14 days after login/acquisition will automatically become dormant and subsequently terminated. Re-activation of those packages will be performed upon a request from the owner and submission or secondary submission of KYC documentation for identity verification.
3 General prerequisites
(3.1) Services may only be provided to legal entities, partnerships or individuals provided that they or their managers are entrepreneurs and are at least 18 years of age and are not present or former company’s employees or their respective spouse/lineal ascendants or descendants/affinity and collateral relatives up to forth degree. No Services may be provided to consumers.
(3.2) If a partnership application is submitted by a legal entity or a partnership, said entity or partnership must provide a corresponding commercial register extract (if available for the partnership), together with all relevant articles of association and other comparable documents, as well as their VAT identification number (if available). All shareholders of the applicant and all shareholders of any legal entity or partnership holding shares in said applicant must be at least 18 years of age, be severally and personally liable to the Company for the applicant’s actions, and must personally sign any and all applications (if submitted off line).
(3.3) Any and all online forms and other Company’s official documents, placed on the gmax world website, constitute an integral part of the present General Terms and Conditions.
(3.4) In case of off line submission the application must be completed accurately and completely, and then signed by the IMP, with the original sent to the Company. By signing the application, the IMP hereby acknowledges the receipt of these General Terms and Conditions and accepts the same as an integral to all subsequent and additional terms and conditions applicable in addition to those General Terms and Conditions or other specific for certain products terms and conditions of use. Alternatively, these General Terms and Conditions may be accepted in conjunction with online applications by checking the box thus indicated. The Company reserves the right to obtain further information from the IMP on a case-by-case basis.
(3.5) Any changes to the IMP’s personal data must be made immediately in the designated section of the Company’s back office.
(3.6) The Company reserves the right to refuse applications at its discretion, without any need to provide cause. The Company expressly provides notice at this time that no applications from potential partners in Iraq or Iran will be accepted.
(3.7) In the event of a breach of any obligation stipulated in 1 to 2 and (4 .2) The Company shall be entitled to terminate the provision of services under the present General Terms and Conditions without notice and, if deemed necessary, demand the return of any bonuses that have already been paid out. In addition, the Company expressly reserves for such cases the right to seek further redress for damages.
4 The status of IMP’s as entrepreneurs
(4.1) In this business relationship, the IMP’s are acting as independent, autonomous entrepreneurs. They are not and can’t be treated as employees, sales representatives, or brokers of the Company. There are no requirements as to revenues, sales, minimum deliveries, etc. IMP’s are not subject to any instructions from the Company, with the exception of their contractual obligations, and they bear the full entrepreneurial risks of their business activity, including the obligation to pay all their business costs and the wages of their employees, if any. The IMP’s shall set up and operate their businesses in accordance with sound business principles, including the operation of their own offices or other workplaces appropriate for the conduct of business.
(4.2) As independent entrepreneurs, IMP’s are personally responsible for compliance with the relevant legal provisions, including tax and social insurance requirements (e.g. registration for a VAT ID number, registration of their employees in the social insurance system, obtaining business licenses if required). In this regard, IMP’s warrant that that will comply with all tax and other payment obligations (such as customs duties or import taxes) such as may be required by the jurisdiction of their registered office concerning the bonuses earned from their activities. The Company reserves the right to deduct the respective amount for taxes and fees from the bonus and/or demand reimbursement for damage or expenses incurred by due to the IMP’s breach of the foregoing stipulations, in the event that the IMP is responsible for the same. IMP’s are not paid any social insurance contributions or other taxes related to deliveries for IMA. The IMP is not authorised to make any statements or comments on behalf of the Company.
(4.3) The Company would like to point out clearly that the IMP’s success depends entirely on their personal commitment, abilities, and effort. Furthermore, the Company does not guarantee or warrant any specific level of remuneration or other income from the mere participation in gmax world and also does not provide a package of services that would result in such guaranteed remuneration.
5 Notice concerning the voluntary right of revocation
(5.1)IMP’s are registering in gmax world as an entrepreneurs and not as a clients and therefore do not have the statutory right to revoke the IMP Agreement. Nevertheless, IMP’s are granted on a voluntarily basis the right to terminate his/her business relations with the Company and rescind the IMP Agreement within two weeks, from the date the application is submitted, according to the present General Terms and Conditions Voluntary right of cancellation IMP can revoke his/her IMP Agreement by providing written notice (by letter or email) within two weeks without any need to provide cause. The two-week period begins once the IMP submits his/her application. The deadline is considered met if the notice has been sent by the deadlines, as evidenced by the date of the postmark or email. The revocation must be sent to the support team (gmax support).
(5.2)Consequences of cancellation: If the IMP terminates his/her business relations with the Company and the IMP Agreement is canceled, any benefits, payments, and/or services received by either party must be returned according to the refund - and cancellation policy stated under § 16 (8) and (9) to the other, together with any benefits derived from the same. At this time, we expressly indicate that the services are considered to have been used once the IMP has accessed the services electronically. If the IMP cannot return the services received either in full or in part, or can only return them in a condition worse than that in which they were received, the IMP must reimburse for the loss in value. All payment refunds must be made within 30 days. For the IMP, the period begins when the IMP send his/her revocation notice, and for the Company upon receipt of the same.
(5.3) An IMP may re-register with gmax world, provided that said cancellation was more than 12 months earlier and that the IMP has not since performed any activities for gmax world in the interim.
6 Administrative, support, and handling charges / Delivery of Products
(6.1) By applying for and being approved, IMP’s obtain the right to use the back office provided to them. This is a simple, non-transferable right to use the specific web-based back office. IMP’s have no right to modify, edit, or otherwise reorganize the back office nor may they grant sub licenses to the same.
(6.2) The IMP agrees that the ownership over the products/services purchased, together with all supplied to it accessories and/or supplement products transfers to him upon the activation of the packages available for use at his/her personal back-office space provided. The said means that the risk of loss and title for such items pass to the IMP, at the time they become available for him/her and the IMP hereby confirms that he/she will be considered as having broken the seal (started using the product) of the products by logging in to his/her gmax world back-office space and/or accessing the product storage of his/her back office.
(6.3) The IMP hereby agrees that he/she understands and accepts that the Company is not liable for any delivery delay or loss of product or subsequent losses resulting from such delays if not caused with negligence by the Company.
(6.4) For any product that is to be provided to the IMP in an electronic format, he/she agrees that delivery of such product shall be deemed to have occurred at the time the purchased product is available for usage and/or viewing at the gmax world website.
(6.5) Activation codes for the Packages are technical codes that can be used to a limited extent only due to the constant technical development. For this reason, during the purchase process of this Packages activation code, the IMP’s can redeem the activation code for making use of the Packages and the contained services therein only within six months. The period for redeeming the code starts at the day that follows the transmission of the activation code. By accepting the present T&Cs and utilising the products purchased, IMP’s declare to agree with the fact and recognise it as being a contract component, that the activation code for the Packages IMP’s have purchased must be redeemed within a six-months-period after transmission, and that the activation code in case of non-redemption within the six-month-period will lapse.
7 IMP’s marketing and other general obligations
(7.1) IMP’s are obligated to protect their personal passwords and user names from third parties. The Company bears no responsibility for any actions undertaken by a person other than the IMP using his/her user name and password. Should an IMP willingly provide their user ID and/or password to an unauthorised under the Company’s T&C person/party, the relevant profiles/accounts will be suspended and/ or terminated. Each IMP can own only one personal account. gmax world Ltd takes no responsibility for multiple identity behind a single account registration. The company recognise only one account per one approved KYC
submission and approval, meaning a single account represent one sole physical owner. Еach IMP can own only one personal account. This however does not prevent/impede the IMP to administer additional accounts, of other IMP’s, as long as the administration is performed according to the Company's T&C and all other and relevant regulations and internal to the company rules applicable. IMP’s are prohibited from harming the rights of or harassing the Company, its other partners, its affiliated companies, or other third parties in the course of their activities; they are prohibited from violating any other applicable laws. Furthermore, IMP’s are not permitted to make false or misleading statements about the Company’s products or gmax world. In the course of their sales activities and structural work, IMP’s will only make such statements about the goods offered by and the gmax world sales system as correspond to the content of gmax world’S marketing and informational materials. Further misconduct or the bonus of illegal activities, such as the use of unauthorised or unfair advertising practices (such as misleading statements) is prohibited.
(7.2) IMP’s may not disclose any information about their income or the earning opportunities provided by their participation in gmax world in any of their promotional materials. IMP’s are instead expressly required to inform potential partnership applicants that only very few partners can achieve higher incomes with their gmax world activities and that such incomes are only possible through very intensive, continuous effort.
(7.3) IMP’s may use, produce or disseminate their own sales documents, websites, product brochures, promotion videos, or other self-generated online or off line media and advertising materials only in accordance with the contractual requirements and current legislation. In addition, they are allowed to only work with the official gmax world advertising claims. The aforementioned also applies to advertising gmax world system and products on their own or external websites. In the event that IMP promotes the gmax world system and products in other online media such as social networks (e.g. Facebook), blogs or chat rooms, they must always only use official and approved advertising messages. Furthermore, when using other online media, IMP must explicitly indicate that it is not an official gmax world advertisement or online presence of the Company, but independently developed by the IMP’s advertising of their activity. Unless otherwise specified in the present T&C, in the IMP Agreement or in another legally binding the IMP.
(7.4) gmax world system and products may be presented face-to-face at home-based parties or other events, online parties, webinars or other online presentations, only in compliance with the Company’s advertising policies and in compliance with the relevant Copyright legislation. The IMP’s agree and accept that it is expressly indicated hereto, that the Company is not responsible and cannot be held liable for any advertising materials disseminated by the IMP’s and any established violations of the Ethical Rules, the present General Terms and Conditions and all other legally related official documents, shall be subject of sanctions, including immediate suspension of the IMP’s account for the period of 14 days and/or imposition of a fine up to £500.
(7.5) The services may not be offered at auctions, public or private online flea markets, swap networks, online department stores, online markets such as eBay, Amazon or comparable venues. Advertising in electronic media and mass media is only conditionally allowed. IMP’s may advertise gmax world system and products and services on TV, cable TV, radio, newspapers, email or other forms of electronic media or mass media only with the Company’s prior written consent. Said consent may be withheld by the Company at any time and at its sole discretion.
(7.6) IMP’s are required to identify themselves as Independent Marketing Partners in all of their business dealings. As a rule, all websites, stationery, business cards, car labels, advertisements, promotional materials and the like shall include the words Independent Marketing Partners of gmax world. IMP’s are also prohibited from applying for or taking out loans, incurring expenses, making commitments, opening bank accounts or entering into any other contracts on behalf of, in the interest of or in the name of the Company.
(7.7) All travel costs, expenses, office expenses, telephone charges and other expenses for advertising materials are the IMP’s responsibility.
(7.8) In the course of their business activities, IMP’s are not authorised to make negative, disparaging or otherwise unlawful comments or assessments about competing or other third-party companies, brands, logos or other trademarks.
(7.9) All presentations, advertising materials, training and film materials etc. (including photographs) used in and for the purposes of gmax world are protected by copyright. IMP’s may not copy, distribute, disclose, or otherwise modify the content either in whole or in part in any way that goes beyond the usage already granted contractually without the express written consent of the official owners of those trademarks.
(7.10) The use (or modification) of gmax world and other registered labels, registered trademarks, product names, titles of works or trade names beyond the scope of the advertising materials and other official documents already provided requires the express written consent of the Company, which it may grant or withhold solely at its discretion. IMP’s are further prohibited from registering their own trademarks, titles, websites or other intellectual property rights that contain the Company’s logo, the gmax world logo, trademark, product names, titles, or trade names of the Company in any other country. The aforementioned prohibition applies to both identical and similar signs and the use of the aforementioned character in sub domains or other subcategories of the URL. The repackaging and relabeling of gmax world products is also prohibited.
(7.11) IMP’s are not allowed to respond to press enquiries concerning the Company, gmax world system, its services, its marketing plan, or any other matter related to the Company, its activity and other services. The IMP is obliged to immediately forward all press enquiries to the Company. In addition, IMP’s will only make public statements (such as on television, radio or online forums) concerning THE COMPANY, its range of products, and the gmax world sales system after obtaining the written consent of THE COMPANY. At this time, it is expressly hereby stated that any media or other public statements of IMP’s are not and will not be considered as official statements about gmax world system or Company’s products or services.
(7.12) The IMP will notify the Company of the location, time and content of promotional events designed to appeal to the general public in advance of issuing invitations to such events. The Company may at its sole discretion require changes or even the cancellation of such events
(7.13) Inquiries or complaints of any kind concerning the goods, service, or the compensation system are to be forwarded immediately to the Company.
(7.14) Re-selling of activation codes at a discount price is strictly prohibited and against the Company’s policy. You can resell activation codes only to your own down line. Violation of this policy leads to this that your money will not be returned.
(7.15) IMP’s may only market gmax world system and services or recruit new IMP’s in those states and countries officially authorized by the Company.
(7.16) IMP’s are always prohibited from selling their own marketing and/or sales documents to other IMP’s or from otherwise distributing them.
(7.17) The use of premium rate telephone numbers to market gmax world system and products is not permitted.
(7.18) IMP’s must notify the Company immediately and truthfully of any violations of the General Terms and Conditions and the gmax world Ethical Rules or of any other provisions of the Company.
(7.19) IMP’s are allowed to acquire goods for their personal use or that of their family members or for further resale. Under no circumstances should IMP’s initiate the purchase of products in large quantities for their own, any family member’s or other IMP’s consumption, which inappropriately exceed the normal requirements within a household.
(7.20) In addition, IMP’s are prohibited from sending unsolicited (Spam) advertising emails, faxes or SMS messages.
8 ANTI-SPAM POLICY
The abuse and misuse of email by an IMP is a serious problem. The Company will not tolerate SPAM.
(8.1) Definition of UCE (Unsolicited Commercial email), or SPAM
- The bulk UCE, promotional material, or other forms of solicitation sent via email that advertise any IP address belonging to the Company or any URL (domain) that is linked to (https://gmaxglobal.com/) or other web sites owned or operated by The Company.
- The use of web pages set up on ISPs (Internet Service Providers) that allow SPAM (also known as “ghost sites”) that directly or indirectly reference clients to domains or IP addresses linked by (https://gmaxglobal.com/) and / or other web sites owned or operated by the Company.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
(8.2) Repercussions of SPAM: Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice. SPAM is not only harmful because of its negative impact on client’s attitudes toward the Company, but it can also overload the Company, resources and other services.
(8.3 ) Our Providers: Since it is unsolicited, users who receive SPAM often become angry and send complaints to our service providers. It can cause negative client attitudes and drain resources. The Company strives to maintain favourable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.
(8.4) Consequences for use of SPAM: The Company reserves the right to terminate, without warning, any IMP that violates this policy. Usage of the gmax world system and services constitutes acceptance and understanding of this policy. The Company reserves the right to decide what it considers “SPAM”, “UCE”, “mail bombing”, or “bulk email”, and to determine from all of the evidence whether or not the email recipients were from an “opt-in” email list.
(8.5) If an IMP or an IMP’s website is mentioned in a SPAM complaint, said IMP may be subject to immediate termination.
(8.6)The Company will not allow the actions of a spammer to compromise the gmax world’S IMPs community. The following actions against a violating IMP shall be applicable:
- Termination of position and website immediately without a refund of any kind
- Forfeit use of all services and products of the Company
- Face a possible fine of £250
- The violating IMP exposes himself/herself to all civil and criminal liabilities in the jurisdictions applicable.
(8.7) Please Note: that IMP must pay £250 to £500 to any of the Company’s service providers, partners or individuals for excessive SPAM complaints. If an IMP is the user who is violating the ANTI-SPAM POLICY resulting in the Company having to pay £250 to £500 penalty, the violating IMP WILL BE HELD RESPONSIBLE AND MUST PAY THE FINE.
(8.8) The Company reserves the right to determine what violates its ANTI-SPAM POLICY. This ANTI-SPAM POLICY and all other Company’s policies are from time to time subject to change without notice. Continued usage of the services after a change to this policy is implemented and posted on the gmax world’s website constitutes an IMP’s acceptance of such change or policy. The Company encourages all IMP’s to regularly review and check the (https://gmaxglobal.com/) site for any changes or additions. Furthermore, the use of false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company & gmax world system and/or products is strictly prohibited.
(8.9) If a person or entity indicates that they do not want to receive email, IMP’s agree not to send email to such person or entity. If a person initially agrees to receive email, but later asks to stop receiving email, IMP’s must abide by that request. The Company also prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service or otherwise.
9 Non-competition clause / Poaching / Sale of third-party services/ Conflict of interests
(9.1) IMP’s are allowed to sell goods and/or services for other companies, including network marketing companies, to the extent that such are not competitors of the Company. If IMP’s are simultaneously active for several companies or network marketing companies, they agree to organise their business activities (along with their respective down-lines) in such a way as to avoid any connection or mixing of their activities for these other companies with their activities for gmax world. In particular, IMP’s may not offer products other than gmax world products at the same time, in the same place or in the immediate vicinity or on the same website, Facebook page or other social media/online platform.
(9.2) IMP’s are also prohibited from recruiting other gmax world IMP’s for the sale of other Company’s products.
(9.3) IMP’s are also prohibited from violating - by entering into another contract – the rights of other IMP’s or other sales contracts concluded with further companies and the clauses of which are still valid.
10 Confidentiality
IMP’s shall observe strict confidentiality regarding business and trade secrets of the Company and its structure. In particular, the trade secrets include information on down line activities and the information contained therein as well as data about third parties, partners of the Company or other IMP’s. This obligation shall remain in effect even after the termination of the relationship between the Company and the IMPs.
11 Protection of down line partners / Cross-line sponsoring / Bonus manipulation
(11.1) Every new IMP recruited by an active IMP to register as an IMP with gmax world system or to sell its products will be assigned to that same recruiting IMP (protection of down line partner) within its down line based on the time and date that the new IMP’s application was paid and received by the Company. If two IMP’s claim to have sponsored the same new IMP, the new IMP will be assigned only to that recruiter named in the new partner’s initial application.
(11.2) The Company is entitled to delete all personal data, including the email address of an IMP from the system, if advertising mail, letters or emails are returned marked “moved”, “deceased”, “rejected”, “unknown” etc. and the IMP fails to correct the erroneous data within a reasonable grace period. If the Company incurs any costs for undeliverable advertising items and packages, it is entitled to recover said costs from the registering IMP, provided that they are responsible for such failure to deliver.
(11.3) In addition, cross-line sponsorship and any attempt to do the same within gmax world system are prohibited. cross-line sponsoring means the acquisition of a person or a company already an IMP in another gmax world sales line or that has business relations with the Company within the last 12 months. Using the names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third party names to circumvent this provision is also prohibited.
(11.4) Bonus manipulation is prohibited. In particular, this includes the sponsoring of IMP’s who are actually not involved in business activities with gmax world (also known as shell vendors), as well as, open or concealed multiple registrations, to the extent that these are prohibited. The use of names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third party names to circumvent this provision is also prohibited.
(11.5) IMP’s may not attempt to protect any sales territory.
12 Warnings, contractual penalty, compensation, indemnity
(12.1) The first time IMP’s are in breach of the obligations set forth in Section 8, they shall receive a written warning from the Company with a deadline of maximum 10 days to rectify the breach. IMP’s agree to reimburse the Company for all costs incurred by such warnings and, in particular, any lawyers’ fees.
(12.2) It is hereby pointed out that (17.2) herein expressly gives the Company the right to an extraordinary termination of the IMP without warning for any breach of the obligations set forth in 8, 9 and (11.3) or (4), as well as for a particularly serious breach of the obligations set forth in 8 or any other applicable contractual or other right set forth in the law. Notwithstanding the right to immediate extraordinary termination without notice set forth in (17.2), if the above-mentioned breaches of obligations occur, the Company reserves the right at its discretion to issue a warning as described in (12.1) above before any such extraordinary termination, even if this warning stipulates a shorter grace period for remedial action.
(12.3) If the provided grace period expires and the same or a fundamentally identical breach of obligations is committed, or if the originally protested breach is not remedied, a contractual penalty in the amount of £5,000.00 will become due for immediate payment. In addition to the contractual penalty itself, the IMP shall be responsible for reimbursing all attorneys’ fees associated with its collection.
(12.4) The contractual penalty notwithstanding, the IMP is also liable for any and all damages incurred by the Company through the breach of obligations as set forth in 8-10 and 11.3 and 11.4, unless the IMP is not responsible for the same.
(12.5) Upon first request, the IMP shall indemnify the Company against any and all claims by third parties arising from the IMP’s breach of obligations set forth in 8-10 and 11.3 and 11.4 or any other violation of applicable laws. In particular, IMP’s agree to cover all costs, especially attorney's fees, court costs and damages incurred by the Company in addressing such matters.
13 Adjustment of prices
The Company reserves the right, particularly taking into account any changing market conditions, to change the licensing structure and/or the prices to be paid by IMP’s. Likewise, the Company reserves the right to change, and, in particular, increase, the shares in bonuses associated with its services, the compensation plan and usage fees at the beginning of each new billing period. IMP’s will be given a reasonable advance notice of such changes. Price increases of more than 5% or changes to the compensation plan to the detriment of the IMP are grounds for the IMP to object to the change. Should IMP’s not object to the changed conditions within one month after their announcement, the changed terms shall become an integral part of the present General Terms and Conditions. There is no requirement to notify the IMP of any changes that are known at the time of submission the application and such changes do not constitute grounds for future rejection of the same by the IMP’s. If IMP’s object to any change in these General Terms and Conditions, the Company is entitled to terminate the IMP Agreement as of the date on which the modified or amended General Terms and Conditions would come into effect.
14 Payment methods
The Company accepts the following payment methods for the purchase of goods/services:
- Bank transfer
- Credit/Debit Card
- Coin Payment
The Company warrants that the above stated list of payment methods may be modified from time to time.
15 Remuneration / Payment terms / Bonus payment methods / Prohibition on the assignment of payments
(15.1) As compensation for their activity and upon reaching the required qualifications, IMP’s will receive bonuses which are paid out weekly and arise according to the respective qualification requirements in the Clients' Compensation Plan. IMP’s will examine the statements and notify the Company of any objections immediately. All claims for bonuses are based on the applicable Compensation Plan available to IMP’s at any time in their back office.
(15.2) The Company reserves the right to require IMP’s prove their identity before any bonuses are paid for the first time or services delivered. The Company may at its discretion require that the IMP’s identity be proved within 5 working days with a copy of their personal ID or passport, an excerpt from the commercial register, a VAT certificate, or that of some alternative TAX ID, potentially in conjunction with a recent electricity, gas water or other utility statement.
(15.3) IMP’s will provide the Company with their tax ID and a copy of the confirmation letter from the responsible tax office immediately upon opting to pay VAT on their business activities or when their business volume exceeds the thresholds set for small business exemptions.
(15.4) Bonuses and charges for the delivery of services of IMP’s may only be paid to accounts held in their name or that of a partnership or legal entity in business relationship with gmax world, unless otherwise expressly agreed.
(15.5) The Company is entitled to assert its right of retention in accordance with the law. In addition, the Company may exercise its retention right by withholding the payment of bonuses if any of the documents required by law, (such as the VAT identification number for legal entities, as requested and issued; and business registration etc.) have not been provided upon request before the first payment is due. If the Company exercises its right to withhold bonus payments, the parties hereby agree that the IMP shall not demand interest on the amount payable.
(15.6) If an IMP loses their qualified IMP status, they forfeit all claims to bonuses from the time said status is lost. It is of course possible for the IMP to regain the respective qualification in the future again, but without reactivation of previous bonus claims.
(15.7) The Company is entitled to fully or partially offset its claims against IMP’s against their bonus claims. IMP’s are only entitled to offsets when counter-claims are undisputed or have been established by a court of law.
(15.8) IMP’s may not assign or pledge claims arising from the IMP’s agreements unless ordered by a court of law. The IMP Agreement may not be encumbered with the rights of third parties, unless ordered by a court of law.
(15.9) The Company must be notified in writing within five (5) working days (as of the date of the payment) of any incorrect bonuses or other payments. After this time, the bonuses or other payments shall be deemed as accepted and approved.
16 Blocking of the IMP
(16.1) Should IMP’s fail to provide all of the necessary documents within 30 days of registration and acknowledgment of the requirements for the payment of bonuses, the IMP shall be temporarily suspended until such time as the documents required by law are provided. The same applies if the IMP fails to comply with the deadline set forth in (15.2), is in breach of (15.3) until such breaches are rectified, or if the IMP fails to pay the payable fees. The suspension period does not give the IMP the right to an extraordinary termination and does not create grounds for a refund of any initial orders and starting packages already paid or for a claim for damages, unless the IMP is not responsible for the situation leading to the suspension.
(16.2) Claims for bonuses that cannot be paid for the aforementioned reasons will be posted as accrued liabilities in the Company’s bookkeeping system and will expire no later than the statutory limitation deadlines.
(16.3) In each instance where a warning is necessary, the Company is entitled to reimbursement of the necessary costs for the warning.
(16.4) Irrespective of the reasons for suspensions mentioned in (16.1), the Company reserves the right to block the IMP’s access without observing the notice period if the IMP is in breach of the obligations mentioned in 8-10 and (11.3) and (11.4) if the IMP violates any other applicable laws, or, alternatively, if there is an important reason, and if the IMP does not remedy the corresponding breach of obligations despite receiving an appropriate warning within the extension period specified in 5 or the breach of obligations entitles the Company to an extraordinary termination.
17 Duration and termination of the IMP Agreement, Consequences of termination / Refunds / Return
(17.1) The IMP Agreement (forming inseparable part of one document and entire agreement between the Company and its IMP’s, together with the present General Terms and Conditions and the Compensation Plan) is concluded for an indefinite period and may be terminated by both parties at any time, even within the contractual period, with one month’s notice prior to the end of the next calendar month.
(17.2) Notwithstanding the cause for termination according to (1) above, the Company reserves the right to terminate for good cause. Such important reasons especially include the breach of any of the obligations set forth in 8, if the IMP fails to remedy the same in a timely manner as set forth in (12.1), or if, after such remedy, the IMP is once again in breach of the same or a similar duty. For any breach of the obligations set forth in 9,10 and (11.3) and (11.4), (19.4) or 20 as well as any particularly severe breach of the obligations set forth in 8 or any other applicable contractual or statutory law, the Company is entitled to an extraordinary termination of the IMP Agreement without prior notice. In addition, either party is entitled to extraordinary termination of the IMP Agreement if insolvency proceedings are instituted against the other party or if such proceedings were rejected due to a lack of assets or if the other party is otherwise insolvent or has submitted an affidavit of insolvency in response to an attempt to enforce a judgment by writ. The right to extraordinary termination shall not affect any other claims.
(17.3) Domains that include the name of the Company, “ gmax world” or any other brand, business name, or product name owned by the Company or its business partners may no longer be used by the IMP after the IMP Agreement is terminated.
(17.4) An early termination of an IMP Agreement with a minimum term does not entitle the IMP to any refund of any payments, unless the IMP has exercised the right to extraordinary termination due to an important reason.
(17.5) An IMP may re-register with gmax world after canceling their previous IMP Agreement again, provided that said cancellation and confirmation of cancellation by the Company were at least more than 12 months earlier and that the terminating IMP has not since performed any activities for gmax world in the interim.
(17.6) Once the IMP Agreement is terminated, IMP have no further right to bonus payments and especially no right to sales agent indemnification payment claims, since IMP’s are not sales agents.
(17.7) Should an IMP claim services from the Company outside the scope of these General Terms and Conditions and of the IMP Agreement, these services will remain unaffected after the termination of said IMP Agreement, unless the IMP expressly requests their discontinuation in their termination notice. Should the IMP receive services from the Company after the termination of the IMP Agreement, they will be treated as a normal client.
18 Disclaimer
(18.1) The Company is only liable for damage other than injury to life, limb or health if the damage results from intentional or grossly negligent acts or a culpable violation of essential contractual obligations (e.g. the payment of bonuses) by the Company, its employees or agents. This also applies to damages resulting from the breach of obligations in contract negotiations as well as in the event of torts. Any further liability for damages is excluded.
(18.2) Any liability for damage other than injury to life, limb or health or that caused by intentional or grossly negligent acts of the Company, its employees or agents is limited to those damages that would be typically foreseeable at the time of conclusion of the IMP Agreement and also to the average amounts as would be typical for contracts of this sort. This also applies to indirect damages, including, in particular, loss of profits.
(18.3) The Company disclaims any liability for damage of any kind caused by data losses on computer servers, unless such losses are caused by gross negligence or intentional actions of the Company, its employees or agents. The Company treats any content stored on the servers by IMP’s as third-party content in accordance with all relevant and applicable data protection legislation. The Company is not liable for any wrong data and/or information submitted by the IMP in the application. The Company is not responsible if incorrect usernames have been provided by IMP’s.
(18.4) The Company is furthermore not responsible for any of its Independent Marketing Partners (IMP’s) claims about income, team building or others. The Company has a ZERO tolerance when comes to unprofessional behaviour that can in any way shape or form its business reputation. If an IMP encounter unprofessional behaviour, he/she must immediately notify the Company so that the appropriate actions against the said are taken timely.
19 Transfer of business operations or the sponsored structure to third parties / Death of the IMP
(19.1) The Company can transfer its contractual position at any time to a successor company that will continue the business covered by these General Terms and Conditions and the IMP Agreement in the same manner and will fully assume the former company’s existing rights and obligations. The Company is entitled to use and uses the services of supporting partnering companies. The above mentioned companies are aimed to facilitate the provision of the services, including payments; technical and administrative operations of the Company. Those companies are independent separate entities, where the relevant to their place of registration laws
shall be applied. The Company is not and shall not be held liable for any activities of those partnering companies, unless any occasional violations of the relevant and applicable legislations are caused by gross negligence or intentional actions of the Company, its employees or agents/partnering companies.
(19.2) The IMP is entitled to transfer his/her down line structure/position only with the prior written consent of the Company – which is to be given at its sole discretion - and presentation of the purchase and / or transfer the contract with the third party, as well as the presentation of the IMP application of the third party to the Company. The IMP is obliged to notify the Company of the intended transfer of its sales structure in writing. A sale of an IMP’s sales structure is only permitted if the business relationship between the IMP and the Company has not yet been terminated. With immediate termination or breach of these General Terms and Conditions, the right of the IMP to sell his/her own sales organisation is withheld; similarly, the right to sell is withheld in the event the respective IMP has outstanding payments to the Company.
(19.3) Should an IMP be registered as a legal entity or a partnership, distribution structure transfers are only permitted if the additional conditions set out in these General Terms and Conditions and the IMP Agreement are met.
(19.4) If a legal entity or partnership is newly registered and an IMP wants to add a new shareholder, this is possible if the previous shareholder(s) who filed the original application remain shareholders. Should a shareholder wish to leave a legal entity or partnership that is registered as an IMP or should they wish to transfer their stake amounting to more than 30% to third parties, this action is permitted with the prior written consent of the Company solely at its discretion and only upon submission of a written request, including copies of the corresponding notarial deeds, which must be in accordance with the provisions of these General Terms and Conditions and the IMP agreement. Insofar as an IMP registered as a natural person wishes to transfer his/her position to a legal entity or partnership, this is only possible with the prior consent of the Company solely at its discretion, provided that the IMP agrees to continue to be solely responsible and personally liable to the Company and submits the relevant documents. In those cases, the Company may levy an administrative fee of £250.00 to process such requests. If this requirement is not met, the Company reserves the right to extraordinary termination of the IMP Agreement.
(19.5) The IMP agreement shall end at the latest with the death of the IMP. It may be passed on as an inheritance as required by law. As a rule, the heir(s) must sign a new IMP agreement within six months of the previous IMP’s death and thus assume the rights and obligations of the deceased IMP. The death must be proven by means of a death certificate. Should there be a will granting the IMP Agreement as part of the deceased’s inheritance, a notarised copy of the will must be presented. The six-month period may be extended by a reasonable length of time on an exceptional basis, if it is disproportionately short for the heir(s).
20 Separation / Dissolution
In the event that a married couple or life partners, a legal entity or partnership registered as IMP’s terminate their association internally, there shall still be only one IMP position even after the separation, dissolution or other termination of the above-mentioned association. Those members/shareholders leaving the legal entity or partnership shall decide internally which member(s)/shareholder(s) shall continue the IMP Agreement and provide written notice of their decision to the Company. In the event of an internal dispute over the consequences of the separation, divorce, dissolution or other termination with respect to the participation in the gmax world system, the Company reserves the right of extraordinary termination, where such a dispute leads to a dereliction of the IMP’s duties, to a violation of these General Terms and Conditions, to a violation of the applicable laws or to an unreasonable burden on the down line or upline.
21 Inclusion of the compensation plan
(21.1) The gmax world's Clients compensation plans and the requirements contained therein are also explicitly part of the General Terms and Conditions and the IMP Agreement. The IMP must comply with the provisions contained in the current version of these General Terms and Conditions
(21.2) By submitting an online application to the Company, the IMP’s warrant that they have read and understood the compensation plans and accept these documents as integral component of these General Terms and Conditions.
(21.3) The Company shall be entitled to change the Compensation Plans at any time. The Company will announce any general amendments within a reasonable period. The IMP has the right to object to the amendment. In case of an objection, the IMP is entitled to terminate the IMP Agreement at the date of entry into force of the modification. In case he/she does not terminate the IMP Agreement within two weeks after the entry into force of the modification, the IMP expressly accepts the modification.
22 Consent to the usage of photographic and audio-visual material
The IMP grants the Company the right to freely collect and execute photographic and/or audio-visual material containing his/her picture, voice recordings, statements and citations within the scope of his/her function as an IMP. For this purpose, the IMP explicitly agrees to the publication, usage, duplication and modification of his/her citations, footages or records by signing the IMP application and notice of these General Terms and Conditions. The IMP shall be entitled to revoke the aforementioned consent. In case of a revocation, the Company will stop the foregoing usage within a one-month period.
23 Data protection
(23.1) In the following, you will find the Company’s Data Protection Declaration.
(23.2) You can visit our website while remaining anonymous. In each case of a website visit, your internet browser indeed transmits the following data to our web server: date and time of the website visit, the sender’s IP address, the requested resource, http-method and http User Agent header. However, our web server will store these data separately from other data; hence, it is not possible for us to allocate these data to a specific person. Following an anonymous analysis for statistical purposes, these data will be deleted immediately.
(23.3) The Company uses Cookies for being able to categorise requests and requirements of the interested party. By using cookies, the Company will be enabled to measure the frequency of website visits and the general navigation. Cookies are small text files, which are stored on your computer system. Please note that some of these cookies are being transferred from our server to your computer system - these are usually so-called “session-cookies”. “Session--cookies" are characterised by the
fact, that they will be automatically deleted from your hard drive at the end of the browser session. Other cookies will remain on your computer system, thus enabling us to recognise your computer system during your next visit (so-called persistent cookies). You can, of course, reject cookies at any time, as far as your browser so permits. Please note, that specific functions of this website may eventually not or only be used with restrictions. This happens, if your browser is configured in a way not accepting cookies (of our website).
(23.4) The Company uses Google Analytics for being able to categorise requests and requirements of the interested party. Google Analytics applies so-called “cookies”, text files, which will be stored on your computer and allow analysing your use of the website. The information created by the cookies referring to your visit of this website (including your IP-address) will be transferred to a server of Google in the USA and stored there. Google will use this information for analysing your use of the website, for compiling reports on the website activities for the website-operators and for providing additional services related to website and internet usage. Furthermore, Google may eventually pass this information on to third parties, if this is required by law or if third parties will process these data on Google’s behalf. Google will never associate your IP-address with other data of Google. You may refuse the installation of cookies by selecting the appropriate settings on your browser software; however please note that if doing this way you may eventually not be able to make full use of all the functions of this website. By using this website, you agree that the data collected by Google concerning your person may be processed in the manner and for the purpose described above.
(23.5) The Company uses so called social plugins (“plugins”) from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or by the additional text “social plugin of Facebook” or “Facebook social plugin”. Here you can find an overview of the Facebook plugins and their appearance: http://developers.facebook.com/plugins. If you access one site of our web presence containing such a plugin, your browser will establish a direct connection to the servers of Facebook. The plugin's content will be directly transmitted from Facebook to your browser, which will integrate it into the website. By integrating the plugin, Facebook receives the information that your browser has accessed the respective page of our website, even if you do not have a Facebook account or if you are just not logged in to Facebook. This information (including your IP-address) will be directly transferred by your browser to a Facebook server in the USA and stored there. If you are logged into Facebook, Facebook can directly allocate the visit to your Facebook account. If you interact with the plugins, such as by pressing the "Like" button or by making a comment, the corresponding information is also sent directly to a Facebook server and stored there. In addition, the information is also posted on Facebook and can be seen by your Facebook friends. Facebook can use this information for the purposes of advertising, market research and appropriate design of Facebook pages. To this end, Facebook creates usage, interest and relationship profiles, e.g. for analysing your usage of our website concerning superimposed advertisements on Facebook, to inform other Facebook user about your activities on our website and for providing other services relating to the use of Facebook. If you do not wish Facebook to allocate the collected data concerning our web presence to your Facebook account, you have to log out from Facebook prior to visiting our website. The purpose and scope of data collection, further processing and use of this data by Facebook as well as your relevant rights and the setting options aiming at the protection of your privacy can be found under Facebook’s data protection policy: http://www.facebook.com/policy.php.
(23.6) Note concerning the Google +1-button: By means of the Google +1-button you can globally publish information. Via the Google +1-button, you and other users will receive personalised information from Google and our partners. Google will store the information you have given for the content +1 as well as information about the site you have watched when clicking +1. Your +1 can be shown as indications together with your profile name and your photo in the context of Google services, such as displaying it in search results, in your Google profile or at other positions on websites and advertisements on the internet. Google records information about your +1-activities thus aiming at the improvement of Google services for you and other users. For being able to use the Google +1-button, you will need a globally visible, public Google profile, which has to contain at least the name chosen for the profile. This name will be used with reference to all Google services. In some cases, this name may also replace another name you have been using for sharing content via your Google-account. The identity of your Google profile may be shown to users knowing your email-address or having other personally identifying information from you. Use of the collected information: In addition to the above mentioned purposes, the information provided by you will be used according to the applicable data protection rules of Google. Google will eventually publish summary statistics on the +1-activities of the users or will pass them on to users and partners – such as publishers, advertisers or linked websites.
(23.7) On the Company’s sites, functions of the service Twitter are integrated. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “retweet” function the websites visited by you will be linked to your Twitter account and communicated to other users. While doing so, data will also be transferred to Twitter. Please note that we - in our capacity as provider of the sites – are not receiving any information by Twitter about the transferred data’s content and its usage. Further information you will find in the Twitter Privacy Statement under http://twitter.com/privacy. Your Twitter data protection settings can be changed in the account settings under http://twitter.com/account/settings.
(23.8) Personal data will only be collected insofar, as the IMP will voluntarily submit them during the ordering or registration process. The Company will use these transmitted, personal data (e.g. title, name, address, email-address, telephone number, fax number, bank transfer data) without explicit, separate consent in accordance with the regulations of the relevant data protection laws and only for the purpose of IMP Agreement fulfilling.
(23.9) For the purpose of fulfilling the IMP Agreement, e.g. for the settlement accounting or payment of bonuses, for product or marketing information, the IMP’s personal data will be forwarded to third parties, for example the accounting department of an electronic payment platform – to the extent necessary for the fulfillment of the aforementioned, contractual obligations. After complete execution of the IMP Agreement, including full payment of the agreed remunerations, the IMP’s data will be deleted. Data, which have to be stored for tax or commercial reasons, will be blocked after implementation of the IMP Agreement, provided that the IMP has not given his/her explicit consent to a further use of his/her personal data.
(23.10) The IMP shall, at all times, be entitled to request free information about his/her data and that his/her personal data will be amended, blocked or deleted. If the IMP wishes to receive further information concerning the storage of his/her personal data or if the interested party wants the data to be deleted, blocked or amended, he/she can contact the support team (gmax support).
(23.11) This Data Protection Declaration is accessible and retrievable on the gmax world websites at any time.
24 Limitation period
Claims arising from this contractual relationship become time-barred after 6 months starting from the time the corresponding claim becomes due and the entitled person knows all the circumstances justifying his/her claim, or if his/her ignorance of the circumstances are due to gross negligence. Statutory provisions mandatorily prescribing a longer limitation period shall remain unaffected.
25 Dispute settlement
(25.1) The Parties will act to amicably resolve questions and differences concerning structure, interpretation and effects of these General Terms and Conditions and other related to the General Terms and Conditions questions or the subject matter of the latter.
(25.2) Any dispute related to commercial and inter-companies matters shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of which are deemed to be incorporated by reference into this clause, which shall include specifically: (a) The number of arbitrators shall be three. (c) The language to be used in the arbitral proceedings shall be English. Any documentation not presented in English shall be translated into English at the expense of the party submitting them.
(25.3) Any disputes between the Company and its IMP’s and clients, related to and in relation to these General Terms and Conditions and regarding to its existence, governance, validity or termination, shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of the Arbitration Court at The London Court of International Arbitration.
(25.4) the above under (25.2) and (25.3) mentioned does not prevent/restrict/exclude the implementation of any other mandatory rule and/or to bring an action before an ordinary court of the Country or EU Member State where the IMP has his/her/its usual place of residence or where gmax world Ltd has suffered any damage arising from and/or in connection with the IMP Agreement and/or the Terms and Conditions.
26 Final provisions
(26.1) The Company is entitled to change the General Terms and Conditions at any time, where modifications will be announced within a reasonable period. The IMP has the right to object to the amendment. In case of an objection, the IMP is entitled to terminate his/her relations with the Company at the date of entry into force of the modification. In case the IMP continue using the services and does not terminate his/her relations with the Company within two weeks after the entry into force of the modification, the IMP expressly accepts the modification.
(25.2) Furthermore, modifications and additions to these General Terms and Conditions are to be made in writing. This shall also apply to the revocation of the written form requirement.
(25.3) In case of invalidity or incompleteness of a clause of these General Terms and Conditions, the validity of the entire document shall not be affected. Instead of that, the invalid clause shall then be replaced by a valid one whose economic purpose comes as close as possible to that of the invalid clause. The same shall apply when covering a gap requiring regulation. With the acceptance of the following General Terms and Conditions IMP declares and agrees that he/she fully understands and accepts the hereto stated rights and obligations, including all relevant and applicable internal rules, together with those described in the IMP Agreement and the Global Compensation Plan of gmax world.