MyFMBusiness.com - Terms and Conditions
(Please read carefully)
These Terms and Conditions form the basis of an Agreement between MyFMBusiness.com and the users of its facilities, services and products. Use of any or all of the MyFMBusiness.com facilities, services and or products by the user implies that the MyFMBusiness.com Terms and Conditions have been agreed in full by the user without reservation.
1.I acknowledge that MyFMBusiness.com is an independent organisation and that FM GROUP WORLD neither runs, nor has responsibility for, any of MyFMBusiness.com’s actions.
2.I am competent and of legal age within the jurisdiction of my place of business to enter into binding contracts.
3.I understand and agree that I will in no way imply that I am an agent, owner, officer, employee nor a legal representative of MyFMBusiness.com.
4.I understand that I am not authorised to make representations or incur liabilities on behalf of MyFMBusiness.com and that I must not purport to do so.
5.I understand that it is pre-requisite to being a website user with MyFMBusiness.com that I must at all times remain an Independent Distributor of FM GROUP.
6.I understand that my yearly fee is for the use of a personalised website using the www.MyFMBusiness.com website with a suffix of my own choice which must be approved by MyFMBusiness.com.
7.I understand that the acceptance of this Agreement does not constitute the sale of a franchise and that there are no exclusive territories granted to me. I also understand that I am not acquiring any interest in a security.
8.I understand and agree that anything that I add to the website or leadcapture page will not contain (i) any sexual or offensive material, (ii) any reference or link to a company other than FM GROUP, (iii) any derogatory wording about MyFMBusiness.com, or (iv) any derogatory wording about FM GROUP.
9.I understand and agree that I will not imply anything derogatory about MyFMBusiness.com and/or FM GROUP whilst still registered with them.
10.I understand that I will be allowed to buy MyFMBusiness.com products at the prices set out on the MyFMBusiness.com and/or MyFMBusiness.net website(s).
11.I understand that MyFMBusiness.com makes no claims or warranties of any kind including, but not limited to, any claims for earnings or concerning its products, other than those included in MyFMBusiness.com's official written literature.
12.I will not create, publish or distribute any literature or materials representing MyFMBusiness.com or its products other than that which is provided by MyFMBusiness.com or which has been approved in writing by MyFMBusiness.com.
13.Once any literature or materials representing MyFMBusiness.com or its products has been approved, no alterations may be made without re-submission unless the only alterations are individual contact details.
14.MyFMBusiness.com will not be responsible for the loss of any commissions and bonuses or other payments because of errors or delays in receiving agreements, orders, changes or other necessary information.
15.I understand that I have no financial obligation as a website used with MyFMBusiness.com other than to pay the yearly fee and to pay for any extra products I order.
16.This Agreement constitutes the entire agreement between MyFMBusiness.com and myself and no other promises, representations, guarantees or agreements of any kind will be valid unless in writing and officially authorised by MyFMBusiness.com. This provision does not in any way limit MyFMBusiness.com's ability to unilaterally amend or modify this Agreement without my prior written consent.
17.If any provision of this Agreement is held to be invalid all other provisions shall remain valid and enforceable.
18.The term of this Agreement is one calendar year. MyFMBusiness.com will not automatically renew this Agreement annually on each anniversary date of the acceptance of this Agreement, it is up to me to renew on time or the Agreement will be cancelled.
19.I understand and acknowledge that if my payment to MyFMBusiness.com is not received by the due date, my website (and Leadcapture pages if applicable) will be removed.
20.I understand and acknowledge that if my site is removed, the personal suffix I previously used will be available for use by any other user.
21.This Agreement shall not be deemed accepted by MyFMBusiness.com until I have completed and submitted my application thereby confirming that I accept the MyFMBusiness.com Terms & Conditions.
22.If this Agreement is altered in any way (other than by MyFMBusiness.com) it will not be deemed accepted by MyFMBusiness.com except in its original unaltered form, regardless of passage of time.
23.The following notice is required by the Trading Schemes Regulations 1997: "It is illegal for a promoter or a participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting others to join a scheme. Do not be misled by claims that high earnings are easily achieved."
24.In any dispute, the decision of MyFMBusiness.com in all matters relating to this business is final and binding.
25.MyFMBusiness.com does not warrant that the website and service and other products will be error free or uninterrupted. The website, service and products are distributed on an "as is" basis without warranties of any kind, either expressed or implied. MyFMBusiness.com will not be responsible for any losses, damages or costs that I and/or my business may suffer when using the website, services or products.
26.I agree to indemnify and hold harmless MyFMBusiness.com from any claims resulting from my use of the website or service or products. I expressly agree that use of the MyFMBusiness.com website, services and products is at my sole risk.
27.Neither MyFMBusiness.com nor its service providers, agents, licensors, employees shall have any liability for any damages suffered by me or any other party as a result of the use or misuse of the service.
28.I understand that MyFMBusiness.com cannot accept payment from me as a new website user with MyFMBusiness.com without the acknowledgment from me that I have read these Terms & Conditions.
29.I will never make false or fraudulent representations about MyFMBusiness.com, its services, products or its income potential.
30.Transfer or sale of an MyFMBusiness.com website or Leadcapture page without written MyFMBusiness.com approval is strictly prohibited. Failure to comply with this will lead to termination of the offending website and associated products.
31.This Agreement shall be governed by the laws of the United Kingdom and all claims, disputes or other matters between parties of this Agreement shall be brought in English courts. Further, this Agreement constitutes the entire Agreement between the applicant and MyFMBusiness.com and no other promises, representations, guaranties or agreements of any kind shall be valid unless in writing.
32.MyFMBusiness.com reserves the right to terminate this agreement, and all associated agreements upon 60 days written notice, with or without cause.
33.I have carefully reviewed and have understood the MyFMBusiness.com Terms & Conditions and acknowledge that they are incorporated as part of this Agreement in their present form and as modified from time to time by MyFMBusiness.com at its sole discretion.
(i) I understand that MyFMBusiness.com will not issue me a refund for any partly used yearly subscription.
(ii) I understand that MyFMBusiness.com will not issue me a refund of my MyFMBusiness.com joining fee, renewal fee or leadcapture page purchase fee. This is due to the bespoke nature of the MyFMBusiness.com websites and leadcapture pages which are personalised to my specifications and my MyFMBusiness.com website / leadcapture page service provision commences immediately after successful payment processing.
(iii) I acknowledge that MyFMBusiness.com is able to change or edit the spelling of a website / website username / leadcapture page username after I have ordered it, however this will incur an addition fee as specified on the MyFMBusiness.com and MyFMBusiness.net websites. For clarity, I am responsible for the correct input of the username I order.
(iv) I acknowledge and understand that MyFMBusiness.com websites / usernames and leadcapture page purchases are not entitled to cooling off periods under Regulation 13(1)(c) of the Distance Selling Regulations 2000. If I am a business entity or a representative of a business then I acknowledge and understand that the Distance Selling Regulations 2000 do not apply to me in respect of all services provided by MyFMBusiness.com.
(v) I acknowledge that MyFMBusiness.com will not issue me a refund as a result of changes to website / leadcapture page functionality due to policy and / or practice changes made by FM Group World / FM Cosmetics.
(vi) I understand that MyFMBusiness.com will not issue me a refund for a leadcapture page purchase if the related MyFMBusiness.com website subscription expires, or if the related MyFMBusiness.com website is cancelled / suspended in accordance with these terms and conditions.
Abuse policy - Spam (unsolicited emails).
The use of unsolicited emails to promote or link to a MyFMBusiness website can have a significant detrimental effect of the service provided by MyFMBusiness.com, consequently this activity is strictly prohibited. In the event that a MyFMBusiness.com website owner is reported to have sent unsolicited emails referring to, or promoting, a MyFMBusiness.com website / leadcapture page, then MyFMBusiness.com will investigate the claim and reserve the right to remove the offenders website(s) and leadcapture pages immediately should the claim prove valid. In the event that a MyFMBusiness.com website / leadcapture page is removed under these circumstances there is no entitlement to refund. MyFMBusiness.com may decide to pursue the matter with the offender in accordance with EU Privacy and Electronic Communications Regulations.