Polisi, Peraturan, Terma Dan Syarat-Syarat

Terma Dan Syarat Serta Notis Undang-Undang
(diguna pakai sebagai terma & syarat perundangan standard )
(di dalam Bahasa Inggeris)


The author and publisher of this website and the accompanying "KuasaForex" product and materials, have used their best efforts in preparing this program.

The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this program and or any products or services supplied by any third party.

They disclaim any warranties (expressed or implied), merchantability, or fitness for any particular purpose. The authors and publisher shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages. As always, the advice of a competent legal, tax, accounting or other professional should be sought.

The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed here. Any potential earnings that are discussed on this site, or any sites owned by the author and publisher, are for your guide only.

I cannot guarantee your earnings or success, in any particular endeavour. What works for me, or my associates, may not work well for you. This is a fact of life, and one that you should be fully aware of when you act upon my advice. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Every effort has been made to accurately represent this product and it's potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not purport this as a “get rich scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Anti-Spam Policy

This Anti-Spam Notice governs the use of the web page at and its associated services, web pages, domains and sub-domains, which are owned and operated by KuasaForex.com.my ("Owner"). Wherever this Notice refers to "users" it means "you", while "we" or "our" refer to KuasaForex.com.my and "Web Site" refers to any website owned or operated by KuasaForex.com.my.

This sets forth our policy with regard to the use of "Spam" marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products services, and sites.

We reserve the right to terminate your account and participation in our programs "for cause" if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity. If your account is terminated because of spamming, you forfeited all earnings that may be owed to you and you will pay all direct and indirect expenses that we occur because of your spamming.

We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroups that are off topic or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

If you are "spammed" by anyone regarding our products, services, website, or any other matters, please reports this activity to at admin@KuasaForex.com.my

Money Back Guarantee Policy

KuasaForex.com.my has always prided itself with having one of the best guarantees in the market. Unfortunately, KuasaForex.com.my has been dealing with the problem of some customers purchasing products, copying them and then sending them back for a refund. It is an unfortunate situation we find ourselves having to deal with. Because of the dishonesty of a few, KuasaForex.com.my is being forced to modify its 30-Day Money Back Guarantee Policy.

We now ask that, you as the customer do the following in order to qualify for a refund. First, you must fully read and understand the e-book at least twice. Secondly, you must setup your forex account as explained in the eBook. Thirdly, you must start using the techniques taught in the e-book and start your trading. And finally, if you perform the trading and fail, you must pass us access into your account showing proof that you have made a loss using our techniques. Loss because of pip spread are not be considered as failure of our technique. Upon confirmation from our side, you can claim your guarantee minus any related fees incurred by us to activate and deactivate your account. This will at the very least show good faith towards the products. This money back guarantee is not available after 30 days.

We may modify any of the terms and conditions contained in this terms and conditions, at any time and in our sole discretion, by posting a change notice or a new agreement on our site.

AFFILIATE TERMS AND CONDITIONS

This Agreement forms the terms & conditions applying to an individual's or entity's participation in the Kuasaforex.com.my affiliate program.

Section 1 - Enrolment in the Programme

To begin the enrolment process, you need to apply via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Programme. Unsuitable sites include, but are not limited to, those that:
promote sexually explicit materials
promote violence
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
promote illegal activities
breach intellectual property rights include “KuasaForex” or variations or misspellings thereof in their domain names

If we reject your application, you are welcome to reapply to the Programme at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Programme, we may terminate this Agreement.

Section 2 - Links on Your Site
We grant you a revocable, non-exclusive, worldwide, royalty-free licence for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to our site, to establish and maintain links as contemplated below:

General Link to KuasaForex.com.my Homepage: You may provide a general link on your site to our homepage http://www.KuasaForex.com.my. We will provide you with guidelines and graphical artwork to use in linking to the KuasaForex.com.my homepage.

We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special “tagged” link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links”. You will earn referral fees only with respect to activity on our site occurring directly through “Special Links”; we will not be liable to you with respect to any failure by you to use “Special Links”, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

You acknowledge that, by participating in the Affiliate Programme and placing any of the above links within your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Affiliate Programme constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in our Privacy Notice.

Except for the licence granted under this “Section 2”, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to the KuasaForex.com.my domain name.

In addition, you acknowledge that we (and our corporate affiliates) may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of relevant links on your site (for example, to detect links that are broken or non-functional etc.). Therefore, you agree that we and our corporate affiliates may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring).

Further, you acknowledge and agree that you will: (a) not, in connection with this Agreement, display or reference on your site, any trademark or logo of any third party seller on the KuasaForex.com.my Site; (b) use any data, images, text, or other information obtained by you from us or our site in connection with this Agreement (“Content”) only in a lawful manner and only in accordance with the terms of this Agreement; (c) not modify or alter any Content that consists of a graphic image, other than to resize it; (d) not edit any Content that consists of text, other than to shorten its length; (e) not sell, redistribute, sublicense or transfer any Content; (f) not use any Content in a manner intended to send sales to any site other than the KuasaForex.com.my Site; and (g) promptly delete any Content that is no longer displayed on the KuasaForex.com.my Site or that we notify you is no longer available for your use.

Section 3 - Order Processing
We will process Product orders placed by customers who follow “Special Links” from your site to the KuasaForex.com.my site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing. Among other things, we will prepare order forms; process payments, cancellations and returns; and handle customer service. We will track sales made to customers who purchase Products using “Special Links” from your site to our site and will make available reports summarising this sales activity. The form, content and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting and fee accrual, you must ensure that the “Special Links” between your site and our site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and our site are not properly formatted.

Section 4 - Referral Fees
We will pay you Referral Fees on certain Product sales to third parties in accordance with sections 5 and 6 below. For a product sale to generate a referral fee, the customer must follow a “Special Link” (in the format specified by us) from your site to the KuasaForex.com.my site and add the Product to his or her shopping cart feature during a session. The session ends upon one of the following events: (a) 30 days elapses from the customer's initial click-through, (b) the customer orders the Product, or (c) the customer follows a third party's “Special Link”. We will only pay referral fees on such “Products” after order, payment and shipping have occurred. We will not, however, pay referral fees on any “Products” that are added to a customer's Shopping Basket after the customer has re-entered our site (other than through a “Special Link” from your site or during the 30-day period defined as their session above), even if the customer previously followed a link from your site to our site. Further, we will not pay referral fees on any “Products” purchased from any site operated by us or our Affiliates other than the KuasaForex.com.my site. In addition, “Products” listed in the KuasaForex.com.my catalogue and that are subsequently unavailable as they are previously sold, out-of-print or otherwise undeliverable will not be eligible for any referral fees. Gift certificates are not eligible to earn referral fees. “Affiliate” means in respect of a party its “holding company”, its “subsidiary company” or a subsidiary company of its holding company, as those terms are defined in section 736 of the UK's Companies Act 1985.


You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. “Products” that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as “Qualifying Products”.
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using “Special Links” on your site to access our site (e.g., by implementing any “rewards” programme for persons or entities who use “Special Links” on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (f) other than providing “Special Links” on your Site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the KuasaForex.com.my Site or otherwise around or in conjunction with the display of our site (e.g., through any “framing” technique or technology or pop-up windows or pop-under windows), or assist, authorize, or encourage any third party to take any such action; or (g) attempt to circumvent the referral fee schedule or artificially increase your referral fees (e.g. by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on our site (as determined by us) for the purpose of exceeding any referral fee threshold or by causing any page of the KuasaForex.com.my Site to open in a customer's browser other than as a result of the customer clicking on a “Special Link” on your Site); (h) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Programme; or (i) seek to purchase or register any keywords, search terms or other identifiers that include the word “KuasaForex” or variations thereof (for example “KuasaForex.com.my”, “KuasaForex.com.my”, etc.) for use in any search engine, portal, sponsored advertising service or other search or referral service. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

Section 5 - Referral Fee Schedule
For Qualifying Products sold during sessions initiated through “Special Links” on your site, you will earn (subject to the other terms of this Agreement) referral fees in accordance with the “Fee Structure” described below.

The classification of any “Qualifying Products” will be determined by us in our sole discretion.

Fee Structure:
Subject to the other terms of this Agreement, you will earn 50% of “Qualifying Revenues” (defined below) from sales of all “KuasaForex.com.my Qualifying Product” (defined below) units sold during sessions initiated through Special Links on your site (such fees, “Base Referral Fees”).

“Qualifying Revenues” are revenues derived by us from our sales of Qualifying Product units.

A “KuasaForex.com.my Qualifying Product” is a Qualifying Product that is sold and fulfilled by us or on our behalf.

Section 6 - Fee Payment
Referral fees are paid immediately via e-gold. You must register an e-gold account and submit to us immediately upon registration of your affiliate account. We will with-hold all outgoing payments until this has been done by you.

Section 7 - Policies and Pricing
For the avoidance of doubt, customers who buy “Products” through this Programme will be customers of KuasaForex.com.my. Accordingly, all KuasaForex.com.my rules, policies and operating procedures concerning customer orders, customer service and Product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Products sold under this Programme in accordance with its own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect “Products” that you already have listed on your site, you must not include price information in your “Product” descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

Section 8 - Identifying Yourself as an Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Programme without our prior written consent, which may be given or withheld in our sole discretion. Doing so may result in your termination from the Programme. You may e-mail affiliates@KuasaForex.com.my if you wish to apply for written consent. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause. We will make available to you a small graphic image that identifies your site as a Programme participant. You must display this logo or the phrase “In association with KuasaForex.com.my” somewhere on your site. We may modify the text or graphic image from this notice from time to time. We will not be held responsible if you have promoted your link to someone but that someone failed to include your affiliate ID during order processing.

Section 9 - Limited Licence
We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Programme participant and to assist promote the sale of “Products” on our Site. You may not modify the graphic image and text or any of our images in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke these rights at any time by giving you written notice.

Section 10 - Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
the technical operation of your site and all related equipment;
creating and posting Product descriptions on your site and linking those descriptions to the KuasaForex.com.my catalogue using Special Links;
the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials)
ensuring that materials posted on your site do not breach or infringe upon the rights of any third party (including, for example, copyrights, trademarks, database rights, privacy or other personal or proprietary rights);
ensuring that materials posted on your site are not defamatory or illegal.

We and our Affiliates disclaim all liability for these matters. Further, you will indemnify and hold us and our Affiliates harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your site.

Section 11 - Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Programme application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, you must immediately cease use of, and remove from your site, all links to our site and all KuasaForex.com.my trademarks, trade names and logos and all other material by or on behalf of us to you in connection with the Programme.

Section 12 - Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Programme rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Section 13 - Relationship of Parties
You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties or our respective Affiliates. You will have no authority to make or accept any offers or representations, guarantees or warranties on our or our Affiliates' behalf, including with respect to our or our Affiliates Products or services. You will not make any statement or representation, whether on your site or otherwise, that that reasonably would contradict anything in this section.

Section 14 - Limitation of Liability
We will not be liable for indirect, special, or consequential damages (including any loss of business, revenue, profits or data) arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Programme will not exceed the total referral fees paid or payable to you under this Agreement at the time that the event giving rise to the liability arises.

Section 15 - Disclaimers
To the fullest extent permitted by law, we make no express or implied warranties or representations with respect to the Programme or any Products sold through the Programme (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.

Section 16 - Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE OR ANY OF OUR AFFILIATES MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Section 17 - Miscellaneous
This Agreement will be governed by the laws of England, without reference to rules governing choice of laws. You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Notwithstanding any other provision in this Agreement, nothing in this Agreement is intended to confer on any person (other than our Affiliates) any right to enforce any terms of this Agreement which that person would not have had, but for the Contracts (Rights of Third Parties) Act 1999.

 

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