Socios Member Club
Terms & Conditions
- These Terms & Conditions apply to participants in the Socios Affiliate programme (the “Programme”).
- In these Terms & Conditions, “Company”, “we”, “us”, and “our” means Nirvana Global Limited a company registered in England under number 06431993 whose registered office is at: Nirvana Global Ltd, 85 Great Portland street, First Floor, London, W1W 7LT.
- In these Terms & Conditions, “Affiliate”, “you” and “your” means the individual or organisation that is applying to become a participant in the Programme and who will accept these Terms & Conditions upon joining the same.
- These Terms and Conditions herein contained will be deemed to form part of the Agreement you enter into with us and will be effective immediately upon signing and dating of the Agreement (the “Agreement”).
1. Definitions and Interpretation
1.1 In these Terms & Conditions the following terms shall have the following meanings:
|“Business Day”||means any day other than Saturday or Sunday that is not a bank or public holiday;|
|“Commencement Date”||means the date of your acceptance;|
|“Commission Rate”||means the percentage of commission paid on net sales revenue set out in Sub-clause 10.2;|
|“Confidential Information”||means all business, technical, financial or other information created or exchanged between the Parties in the course of fulfilling their obligations under the Agreement;|
|“Current Term”||means the Term that the Parties may be in at any given time;|
|“Direct Referral”||means a sale to a customer who has been lead to Socios through your own app;|
|“Intellectual Property Rights”||means any rights subsisting in a copyright work, trade mark, patent or design and shall be construed in accordance with the Copyright Designs and Patents Act 1988, Trade Marks Act 1994 and Patents Act 1977;|
|“Registration Data”||means the information provided by the Affiliate when registering for the enrolment in the Programme;|
|“Registered Email Address”||means the email address of the Company as provided in the [email protected] or the email address of the Affiliate as provided in your Registration Data;|
|“Term”||means the term of the Agreement, as defined in Clause 16 of these Terms & Conditions, during which you shall participate in the Programme under the terms and conditions set out in the Agreement.|
2. Enrolment in the Programme
3. Company / Affiliate Relationship
4. Customer Referral Requirements
6. Affiliate Sales Reporting
- January commissions paid out 10 weeks thereafter.
- February commissions paid out 10 weeks thereafter.
- March commissions paid out 10 weeks thereafter.
- April commissions paid out 10 weeks thereafter.
- May commissions paid out 10 weeks thereafter.
- June commissions paid out 10 weeks thereafter.
- July commissions paid out 10 weeks thereafter.
- August commissions paid out 10 weeks thereafter.
- September commissions paid out 10 weeks thereafter.
- October commissions paid out 10 weeks thereafter.
- November commissions paid out 10 weeks thereafter.
- December commissions paid out 10 weeks thereafter.
In the event of any refunds issued for any reason including, but not limited to, fraud and where such refunds are not incurred through any fault of ours, you may be contacted to arrange for the repayment of any related commission. 7.6 Any and all commission paid to you shall be based on sales revenue less any tax due; however you may still be liable to pay tax on your commission. By accepting these Terms & Conditions you hereby acknowledge that you are solely responsible for the payment of tax on any income you may generate through your involvement in the Programme. 7.7 We reserve the right to modify our Commission Rates at any time. You will be given 30 Business Days’ prior written notice (the “Notice Period”) of any such change. You will be given the option to opt out of the Programme within the Notice Period and will, on the exercise of that option, be paid any Commission due to you [notwithstanding the total commission earnings requirement set out in Sub-clause 10.6 above].
8. Trade Marks
9. Intellectual Property
10. Affiliate Warranties and Indemnity
- is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
- facilitates or promotes violence, terrorism, or any other criminal activity; or activities / content deemed unsuitable.
- is sexually explicit; or
- infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
10.1.2 All necessary authorities, consents and approvals have been obtained in respect of your obligations under these Terms & Conditions and will remain valid and effective throughout the Term; 10.1.3 Your obligations under these Terms & Conditions shall constitute legal, valid and binding obligations on you. Such obligations shall be direct, unconditional and general obligations; and 10.1.4 You will not refer to us in any way in any unsolicited bulk email campaigns or other spamming practices that you may conduct. 10.2 By accepting these Terms & Conditions you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with: 10.2.1 breach of any warranty given by you;
13. Term and Termination
15. Force Majeure
Neither Party to these Terms & Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The Parties agree that, in the event that one or more of the provisions of these Terms & Conditions is found to be unlawful, invalid, or otherwise unenforceable throughout the terms of the Agreement, then those provisions shall be deemed as no longer forming part of these Terms and Conditions but their deemed removal will not invalidate the remainder of the Terms and Conditions which shall remain in full force and effect for the duration of the Agreement.
Unless otherwise stated in these Terms & Conditions, the Parties agree that all notices to be served under the Agreement shall be in writing and may be sent by email to the other Party’s Registered Email Address with a hard copy of the same to be sent by first class post to the addresses detailed at the head of these Terms & Conditions or as provided by you during your registration for the Programme within 7 Business Days of the email.
The Parties shall agree that no failure by either Party to enforce the performance of any provision in these Terms & Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms & Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
The relationship between the Parties shall be and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.
You may not assign any or all of your rights or obligations under these Terms & Conditions or the Agreement without our prior written consent, such consent not to be unreasonably withheld.
20. Dispute Resolution (Arbitration)
It shall be agreed that where any dispute or difference relating to the Agreement or these Terms & Conditions arises between the Parties that matter shall be referred to the arbitration of a single arbitrator to be agreed between the Parties.
21. Socios private network club – coverage and connectivity.
The Socios requires an internet connection to communicate; these internet connections are provided by third party cellular networks and providers and may result in outages from time to time, Socios provides connectivity to its applications and cannot be held responsible for any losses by businesses or individuals using the Socios. Socios do not accept liability for any internet breakdown or connectivity issues.
22. Socios private network club – connecting you with other private Socios users.
We provide ways for you to communicate with other Socios users including through messages, voice and video calls, sending images and video, showing your status, and sharing your location with others when you choose. We may provide a convenient platform that enables you to send and receive money to or from other users across our platform. Socios works with partners, service providers, and affiliated companies to help us provide ways for you to connect with their services. We use the information we receive from them to help operate, provide, and improve our Services. Socios operates a strict policy in line with UK GDPR and does not hold customers credit card details or banking information.
23. Socios private network – international usage.
The Socios application & network enables communications between private Socios users worldwide and is not responsible for any content deemed unsuitable in the country of use, information such as video, audio, internet content, and linking, can be shared and advertisements for products and services can be promoted across the network. Socios provides only conferencing and communications between private Socios users and reserves all right to cancel a user’s account and content or remove content that is found to be unlawful or none compliant, in all instances without notice to the user.
24. Protect Data & Comply with the Law in the country of use.
25. Prohibited Organizations & Use.
We prohibit organizations and/or individuals engaged in terrorist or organised criminal activity from using the Socios private network or business products We prohibit the use of the Socios private network to facilitate or organise criminal activity, including exploiting or causing physical, financial, or other harm to people, businesses, or animals.
26. Law and Jurisdiction
These Terms & Conditions and the Agreement shall be governed by the laws of England and Wales. [Any dispute between the Parties relating to the Agreement shall be fall within the jurisdiction of the courts of England and Wales.]