The policies and conditions of the "Torchbearer - Terms of Service Agreement" may be changed without notice, as deemed necessary by Torchbearer Network Sdn Bhd (hereinafter refer to as “TBN”}. The current version of this document is accessible by a link provided at the Torchbearer website: www.tbnworld.com
Use of “TBN” website constitutes full agreement to all of the policies, procedures, terms and conditions found below.
Torchbearer Network Sdn Bhd : Terms of Service Agreement
The “TBN” website system has been developed for independent users exclusively to promote a Business Education Program related to their own products and services offered to any individuals, companies or organisation registered through our web portal. The Independent Users hereafter will be known as "Torchbearer".
Subscribing to the “TBN” website, constitutes your acceptance of all policies expressed herein and your agreement to abide by this entire "TBN Terms of Service Agreement". In consideration of your compliance with the terms and conditions of this Agreement, TBN agrees to provide you ("Torchbearer") with the TBN websites and services.
Relationship of Parties:
This Agreement in no way creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TBN. Both you and TBN are Independent Parties.
TBN grants to you a personal, non-sub-licensable, non-exclusive license to participate in the service. As part of the service, you will have access to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services posted onto the service by tbnworld.com website.
All other use of the content, including but not limited to: modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another website, mirroring the service, or in any other way exploiting any of the content, in whole or in part, is prohibited without first obtaining TBN written consent.
All services provided by TBN may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any Malaysia Law and/or any other Countries or States Law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue.
TBN reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of the changes in the service or this Agreement will be posted on the website, or sent via email or postal mail.
TBN may change, suspend or discontinue any aspect of the service at any time, including the availability of any service feature, database or content. TBN may also impose limits on certain features and services or restrict your access to parts or all of the service without notice or liability.
TBN is not responsible for guaranteeing the delivery of emails sent through the system. TBN will not be responsible for any delays, blocks, or filters associated with email delivery.
TBN provides websites with default web addresses and the websites are configurable to your domains; however, TBN is not responsible for your domain names, if you choose to use them. All websites are given a default web address which are guaranteed 98% uptime with exception to scheduled downtimes due to regular server maintenance. If you choose to use your own domain name, you are fully responsible for maintaining your domain name configuration. As a courtesy to our users, we offer to configure your domain name in the most reliable and optimized manner, but this in no way guarantees that your domain name will be fully functional. Since your domain name is not owned by us, nor is it provided as a service by us, there is no possible way to guarantee the service of your domain name. In such a time where your domain name may become nonfunctional, your Default Web Address provided by TBN will still remain fully functional. TBN reserves the right to alter our name servers, DNS, or IP Address information at any given time without notice according to the needs of our service. If your domain name is configured according to our recommendation and recommended registrar, such changes on our end will not affect your domain name's functionality.
If these operating guidelines or any future changes are not acceptable to you or cause you to no longer be in compliance with this agreement, you may cancel your service by submitting a request through the support system.
Your continued use of the service now, or following the posting of notice of any changes in these operating rules, will constitute a binding acceptance by you of such rules, changes or modifications.
Your right to use the service is subject to any limits established by TBN in its sole discretion.
Registration for Service, Password and Security:
To become a user so you can use the service, you must register by providing us with current, complete and accurate information as prompted by the Sign-up Form. You shall provide TBN with accurate, complete and updated registration information. You shall not knowingly provide inaccurate information with the intent to create a false identity.
You also agree not to provide false or misleading information in the Administrative Panel of the software or your website. This includes, but is not limited to providing a false email address in the FROM: field on outgoing emails.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree not to provide false or misleading information on the Service Sign-up form. This includes, but is not limited to providing false name or email address.
You agree to notify TBN immediately of any unauthorized use of your account or any other breach of security. You agree that TBN is the neutral host of the service and has no responsibility or liability in relation to the business opportunities that you represent as part of your use of the service.
You agree to indemnify, defend, and hold TBN and its affiliates, officers, directors, employees and agents (collectively, "TBN") from and against any and all liability, claims, losses, damages, injuries or expenses (including attorney fees) directly or indirectly arising from or relating to your use of the service and any dispute relating thereto.
You agree that TBN may rely on any data, notice, instruction or request furnished to TBN by you, which is reasonably believed by TBN to be genuine and to have been sent or presented by a person reasonably believed by TBN to be authorized to act on your behalf.
You shall notify TBN by submitting an enquiry from the user’s Backoffice or sending an email to firstname.lastname@example.org if any known or suspected unauthorized uses of your account occur, or any known or suspected breach of security occur, including loss, theft or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password and you are responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account.
Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by TBN and referral to the appropriate law enforcement agencies.
You acknowledge and agree that you will promptly notify TBN if you are aware of any person who, in your good faith opinion, is or is intending to take unfair advantage of the service provided by TBN.
TBN reserves the right to send email to you for the purposes of informing you of any changes or additions to the service.
It is TBN's policy to respect the privacy of its users. TBN will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior permission unless TBN has a good faith belief that such action is necessary to:
1. conform to legal requirements or comply with legal process;
2. protect and defend the rights or property of TBN;
3. enforce this Service Agreement or protect TBN's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by TBN;
4. respond to request for identification in connection with claim of copyright or trademark infringement by you or a claim by a third party that you are using the service in connection with an infringing, illegal or improper activity; or
TBN retains the right, at its sole discretion, to determine whether or not a user's conduct is consistent with the letter and spirit of the Terms of Service Agreement, Conditions or Policies and Procedures of TBN. TBN may terminate service if a user's conduct is found to be inconsistent with said Terms of Service Agreement and/or Conditions and/or Policies and Procedures.
Spam is expressly forbidden and includes using any reference to your www. tbnworld.com website in an unsolicited email as well as all other accepted definitions of Spam. Only prospects who have given you permission personally may be entered into the Auto Responder to receive the follow-up messages. No importing of leads is permitted without some previous relationship with each prospect and a definite request for information regarding the TBN system and business opportunity from each lead entered.
You agree to receive email messages from TBN. These include, but are not limited to service updates and notifications of any changes that may affect your use of the TBN system. We will not send any emails or notices that in any way promote products or additional services outside of our system.
Credit Card Charges:
TBN Website Service (TBN) charges on your bank card statement will appear as either "TBN DOT COM" or "Torchbearer Network". By accepting this Agreement you agree to pay all fees associated with your subscribed TBN service to your card provider.
All payments for your TBN service are made using your bank card, credit or debit card, bearing the logo of Visa and MasterCard and Prepaid Points by TBN Service Providers can also be used. Payments made by cheque or direct cash bank into Torchbearer Network Sdn Bhd’s bank account must submit the original slip to TBN office within 5 working days for verification. TBN also reserves the right at any time to change fees for access to the service or the service as a whole. In the event that TBN so elects, it shall post a notice in the users area of TBN's website, send a notification by email and post notification on the support forum at least 30 days before said change shall take place.
If you order the TBN service, or purchase any other products or services or additional fee-based service from TBN, you authorize TBN to utilize its merchant account provider to charge your credit card provided during the purchase/enrollment process. Based on your plan selection, you authorize TBN to charge your TBN fees to the bank card you provided your monthly or annual fees (auto-renewal) until you request cancellation by either email to email@example.com , and you receive a confirmation of your cancellation via email from TBN. All cancellations are confirmed by email, to the email address that you have provided, within 24 hours. You may opt out of auto-renewal by sending a written request via email to firstname.lastname@example.org
It is your responsibility to keep your payment information accurate and current with TBN. If a monthly payment cannot be processed, you will be notified and given a minimum of 3 business days grace period with email notice to rectify the situation and make the payment. Failure to rectify the situation within 30th of current calendar month will lead to a deactivation of your account until you make satisfactory arrangements.
You may cancel service at any time by submitting a request in "Cancellations" from the Support Center found in the user’s Backoffice area, or by sending an email to email@example.com. A two day notice is required to insure that you will not be charged. All cancellations, though processed immediately, are made effective at the end of your current billing cycle. On the last day of your current billing cycle your website and backoffice will deactivate. Earlier deactivation may be requested in writing; however, you acknowledge no refund will be processed. Once your payment transaction has been processed, you are into your new billing period and no refunds will be processed except in conditions as described below, under "Refunds".
Upon cancellation, your access to the service will remain active until 28 days after your last payment (end of your current billing cycle) unless otherwise requested. You are responsible for all actions and charges incurred up to the time that the account is deactivated. Your user ID (username) must be included in the cancellation request as well as your first and last name and your email address associated with your account. These are used for identification purposes. Cancellations are all confirmed by the TBN Support System via the email address you have
provided and are complete only when TBN confirms the receipt of the cancellation request. Please keep this confirmation for your future records.
Once your cancellation request has been received and confirmed by TBN, your account (and all future charges) will be deactivated at the end of your current billing cycle. No refunds or partial refunds will be provided unless it can be verified that cancellation had been requested and confirmed by TBN at least two business days before the last billing.
You agree that TBN has the right to delete all data, files, leads or other information that is stored in the Affiliate's account if either TBN or the user terminates the user's account with the company for any reason. It is your responsibility to export this information before you request cancellation, and it will be assumed that this has been done. Once your account has been deleted by TBN, your data WILL NO LONGER be available to you as it will be DELETED from our system.
You may receive a full refund within 14 days of initial signup date. Annual payment plan accounts (Pro and Abundant) will receive a full refund if cancelled after the auto-renewal payment is processed, but within the first month following their renewal. Auto-renewed annual plan accounts that cancel after the first month, but within the first 90 days of the auto-renewed billing cycle will get a partial prorated refund, less the fee for the current month rate of service received since the date of the auto-renewal payment. There is a RM50 fee to process all late cancellations that require a refund / credit transaction.
Bank Card Chargebacks:
Credit card payments are processed by Torchbearer Network Sdn Bhd. In the event that a chargeback is wrongfully issued, you agree to pay an additional RM50 false-chargeback processing fee, per chargeback transaction, before your account will be reactivated. You will be asked to call your bank to retract the chargeback action. In addition, your signature on a Letter of Acceptance will be required before your TBN service may be resumed. Once these conditions are met and chargeback is reversed by your bank and funds are returned to TBN, your TBN service will be made available.
Violations of any terms or conditions of the Terms of Service set forth by TBN and/or its Service Providers, if TBN revokes your user’s account for any reason, TBN reserves the right to terminate your user account without advance warning. No refunds will be issued and the remainder of your TBN fees, TBP (Torchbearer Points) and TGP (Torchbearer Gifts Points) will be forfeited.
You represent to TBN that any and all email addresses you upload into the system are from individuals who have personally given you permission and have specifically requested information regarding the TBN opportunity.
By submitting content or images to any "Public Area" (e.g. bulletin boards, Auto Responder, etc.) you automatically grant to TBN a royalty-free, non-exclusive right and license to display such content or images worldwide on your replicating site or respective forum where you submitted such content or images.
By submitting leads into the TBN system, you acknowledge and agree that TBN will have access to and manage the database where these leads are stored. TBN recognizes that these leads, as well as your personal contact information, belong to you and may not be shared with any other entity for any consideration without your express written permission. TBN may NOT sell, delete, modify, edit or remove said leads from the TBN system as long as you maintain your account active. You acknowledge and agree that TBN will provide access for you to export all of your leads and personal contacts, and it is your responsibility to do so BEFORE canceling your account. TBN may DELETE all your leads and personal contact information upon cancellation of your account; furthermore, TBN promises to NEVER sell or share this information to any entity for any consideration.
Although TBN provides some encryption to protect certain personal information which is transmitted, you understand that your uploads and transmissions may be intercepted and used, and that all the risk associated therewith is solely yours. You shall not upload to or distribute or otherwise publish through the service any content which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. As TBN does not and cannot review every message posted or emailed by you, YOU shall remain solely responsible for the content of YOUR messages.
TBN reserves the right to disclose information about sales and usage generated by the service in forms that do not reveal your personal identity.
Handling Orphan Prospects:
TBN's company policy is that anyone who contacts our offices requesting information on acquiring any Products are told to go to the person or site where they were first introduced toTBN. We also make an attempt to locate the Connection of said person by matching email address and / or IP address to our database. If a connection is found, we may relate the connection information to the person in order to expedite their requests.
TBN welcomes specific comments regarding the service. If you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Information"), the information shall be deemed, and shall remain, the property of TBN. None of the information shall be subject to any obligation of confidentiality on the part of TBN, and TBN shall not be liable or owe any compensation for any use or disclosure of the Information.
You acknowledge that in the course of using the service you will obtain information relating to the service and/or to TBN ("Proprietary Information"). Such Proprietary Information shall belong solely to TBN and includes, but is not limited to, the features and mode of operation of the service.
In regard to this Proprietary Information you agree not to use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of TBN, or unless such Proprietary Information becomes part of the public domain without breach of this Agreement by you.
TBN may, in its sole discretion, terminate or suspend your access to all or part of the service for any reason, including without limitation, breach of this Agreement or assignment of this Agreement by you.
Upon termination, you shall no longer be entitled to use the service, and the licenses granted hereunder shall terminate and you shall immediately return or destroy all Proprietary Information, but the terms of this Agreement will otherwise remain in effect. Disclaimer of Warranties, Limitation of Liabilities, and Indemnification TBN does NOT warrant that the TBN websites and related websites and/or services will be error free or uninterrupted and we will not be liable for the consequences of any interruptions or errors.
The TBN website and service is distributed on an "as is" basis without warranties of any kind, either expressed or implied. TBN will not be responsible for ANY losses, damages or costs that you and/or your business may suffer when using the TBN websites and related websites and/or services. You expressly agree to indemnify and hold harmless TBN from ANY claims resulting from your use of the TBN websites and related websites and/or services. You expressly agree that use of the TBN websites and related websites and/or services is at your sole risk and you understand such risks are an inherent part of business.
You expressly agree that neither TBN nor its service providers, affiliates, licensors, employees and/or contractors shall have ANY liability for ANY damages suffered by you, your business or ANY other 3rd party as a result of the use or misuse of the websites and related websites and/or services.
If you violate any terms or conditions of the Terms of Service set forth by TBN or its Service Providers, or if TBN revokes your distributorship for any reason, TBN reserves the right to terminate your service without any advance warning. No refunds will be issued and the remainder of your TBP (Torchbearer Points) and TGP (Torchbearer Gifts Points) will be forfeited.
Responsibility of Content:
TBN makes no representations whatsoever about any other website which you may access through the service. When you access a non-TBN website, please understand that it is independent from TBN, and that TBN has no control over the content on that website.
In addition, a link to a non-TBN website does not mean that TBN endorses or accepts any responsibility for the content or the use of such website.
We may modify any of the terms and conditions contained in this Agreement, at ANY time and in our sole discretion, by posting a change notice or a new agreement on our site. If any modification is unacceptable to you, or if you are dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of TBN in operating the service, your only recourse is to terminate this Agreement by canceling your service. Your continued participation in the program following our posting of a change notice or a new Agreement on our site will constitute binding acceptance of the change.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement will be governed by the laws of Malaysia and the States and Countries in which TBN operates, without reference to rules governing choice of laws. 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 be 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.
Any and all content on the TBN website and related sites, including but not limited to text, graphics, logos, picture images, audio files, video files, multi-media, music, sound, intellectual property and software is the property of TBN and is protected by Malaysia, U.S. and International Copyright and Trademark Laws. No part of the website or related websites may be reproduced or transmitted in any form or by any means without written permission from TBN. TBN WILL PURSUE any illegal use of copy write materials. No persons have the right to resell our content and services in any shape or form whatsoever.
TBN's copyright notice (Copyright 2006 by TBN. All Rights Reserved) appears to remind you that everything on the TBN websites are owned by TBN and protected by copyright as a collective work or compilation (or both) with the exception of works identified by someone else's copyright notice.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION:
TBN makes no warranties of any kind, whether expressed or implied, for the service it is providing. TBN also disclaims any warranty of merchantability or fitness for a particular purpose. TBN will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by TBN’s negligence or the user's errors or omissions. Use of any information obtained via TBN is at your own risk. TBN specifically denies any responsibility for the accuracy or quality of information obtained through its services.
This Agreement constitutes the entire agreement between TBN and you pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of TBN's service constitutes acceptance of these Terms and Conditions.
The provisions of this agreement shall be binding on you and ensure to the benefit of the successors and assigns of TBN. TBN may assign this Agreement at any time in its sole and absolute discretion and without your consent.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
By clicking on the "Signup" button and using the TBN services you indicate your acceptance of this Agreement and its Terms and Conditions. If you do not agree to all of the Terms and Conditions of this Agreement, then you will not be able to subscribe to TBN Website Service.