User AgreementLast updated on Dec 15th, 2011
All members MUST read and agree to the following terms and conditions. Submitting your request for membership constitutes knowledge, understanding, and acceptance of the entire User Agreement.
SECTION 1 -- INTRODUCTION
User or Member : Refers to any individual or separate entity that is enrolled with Promopit.
Company: The "Company" hereby, and for the remainder of this agreement, shall refer to Logiscape Technologies Inc. including its Directors, employees, and shareholders. The Promopit name, website, logos, software, images, and trademarks (whether current or in the future) are all owned and managed by Logiscape Technologies Inc. Furthermore, any references to Promopit shall include its governing company, Logiscape Technologies Inc., its directors and shareholders.
Username: Upon signing up for a membership, members are issued a username which is used to identify them in the system. This username is the property of Logiscape Technologies Inc. (within the network) and as such, it may be displayed on the website without the prior consent of the member who registered it.
User Agreement: Refers to this agreement in full. The User Agreement must be read and agreed to by every member prior to signing up for a membership. Submitting your request for membership constitutes knowledge, understanding, and acceptance of the entire User Agreement.
Direct Referral: Refers to any individual whom you personally referred and who subsequently proceeded to sign up for (and validate) an account.
1.2 CHANGES TO THE USER AGREEMENT
The Company reserves the right to modify or update this agreement at any time without advanced notice. It is the responsibility of the member to check their email address and account overview page on a regular basis as any changes to this agreement will be announced in this way. The continuance of your membership indicates that you have read and agree to the additions or modifications made to this agreement.
1.3 CONTINUOUS / UNINTERRUPTED SERVICE
The Company makes no guarantee whatsoever that the Promopit website will operate continuously without interruption or error. The member hereby indemnifies the Company, its directors, and shareholders from any and all problems that may arise as a result of the Promopit website and/or its services being unavailable for any amount of time regardless of the cause, including negligence.
1.4 THIS USER AGREEMENT IS FULLY SEVERABLE
In the event that a portion of this User Agreement should be found to be null and void, the remainder of this User Agreement shall remain intact and fully enforceable as if the portion found to be null and void had never been a part of the User Agreement at all.
SECTION 2 -- REQUIREMENTS OF MEMBERSHIP
2.1 VOLUNTARY ENROLMENT
As a member you acknowledge that you are signing up voluntarily under your own free will and under no circumstances were you persuaded to sign up under any false pretences.
2.2 AGE REQUIREMENT
As a member of Promopit you acknowledge that you are at least 16 years of age. Should any law exist where you are a resident that would forbid you to use any of the services contained within the website, then those laws shall supercede this agreement. It is the responsibiltiy of the member to ensure that they are complying with local laws and the Company is hereby removed from any liability resulting from an individual gaining membership against such laws and regulations.
2.3 PERSONAL INFORMATION
SECTION 3 -- GENERAL MEMBERSHIP GUIDELINES AND ACCEPTABLE CONDUCT
3.1 ONE MEMBERSHIP ALLOWED
Promopit allows only one account per individual or business entity and this membership is NON-TRANSFERRABLE. This includes but is not limited to any individual person, company, club, or group. Anyone with special circumstances MUST contact our support department to receive approval PRIOR to registering more than one account.
IMPORTANT: In the case where more than one member of a household is wanting to register for an account (such as a husband and wife), each additional account must be registered under the same sponsor as the first account that was registered (or under NO sponsor should that be the case). In other words, NO account should have a sponsor that resides in the same household as this can be seen as a form of "account stacking" and will result in ALL accounts being suspended or removed without further notice.
Example: Husband registers under sponsor "dave123". His wife must now also register under the same sponsor (dave123) and cannot register under her husband.
3.2.1 EMAIL PROMOTION
As a member of Promopit, you agree not to send out any unwanted email promotion (SPAM) regarding the Promopit website and/or any of its products or services. You agree to only send out messages to individuals who you personally know or individuals who have asked specifically or agreed to receive advertisements/offers from you. Promopit exercises a ZERO tolerance on SPAM and your account will be revoked immediately if you are found to be spamming others.
3.2.2 REFERRAL LINK
As a member of Promopit, you will be given a unique link to promote the Promopit website and offers to others. You agree to only send out your referral link to individuals who you personally know or individuals who have asked specifically or agreed to receive advertisements/offers from you. Please refer to clause 3.2.1 above regarding our policy on SPAM.
Members also agree to only promote their OWN referral link and not the referral link of other members. Any member found to be promoting the referral link of another member will have their account suspended. Repeated and/or deliberate abuse will result in account termination without notice.
3.2.3 CURRENT AND/OR FUTURE TRADEMARKS AND COPYRIGHTS
All information, images, trademarks, logos, and copyrights found on the Promopit website are the property of Logiscape Technologies Inc. and cannot be used by any member (or non-member) without the express written consent of the Company. Anyone found to be using such material without the proper written permision of the Company will have their account deleted immediately and be subject to prosecution according to local laws.
As a member of Promopit you agree not to misrepresent the Promopit website or any of the services and/or opportunities found within. Furthermore, you agree not to use your success as a member to influence others or lead others to believe that they will achieve the same success as you. Any misrepresentation will result in the immediate removal of your account.
3.3 ENROLLING OTHER MEMBERS IS PROHIBITED
Members are not under any circumstances allowed to sign up other members. Members can refer other individuals to the website and help them through the sign up process, however the individual must complete the signup process by him/herself, including the reading and agreeing to the User Agreement. Furthermore, no member shall create false accounts simply for the benefit of referral rewards or to create manufactured referrals. Any member found to be engaged in such activity will have their membership revoked immediately without notice.
3.4 CHANGING SPONSOR
Once a member has completed the signup process, there is no way to change the sponsor of that member. The Company accepts no responsibility for members who are placed under an incorrect sponsor regardless of the cause including negligence.
3.5 KEEP CONTACT INFORMATION UP TO DATE
3.6 INDEPENDENT CONTRACTOR STATUS
As a member of Promopit you may be eligible to receive some sort of compensation for services provided and/or commissions for referred sales. You hereby acknowledge that under such circumstances you are acting as an independent contractor and in no way are you to be considered as an employee or agent of Promopit or Logiscape Technologies Inc.
3.7 REFERRING OTHER MEMBERS
As a member of Promopit, you may voluntarily refer other individuals to the Promopit website. Referring/sponsoring others is NOT a requirement of membership and members are free to use the promopit service without restriction should they choose to not refer or sponsor others - the choice to refer or sponsor others to Promopit is completely voluntary. If the individual is being referred through the referral link we provide to all members, and should that individual continue on to sign up, then the new member will become a direct referral of the sponsoring member. You agree, however, not to hold Promopit liable for any lost or misdirected referrals regardless of the cause including negligence.
3.8 REMOVAL OF MEMBERSHIP
A member may at any time remove his/her membership by simply logging into the members' area and going into his/her profile and clicking on the link found there. Alternatively, a member may have their membership revoked by the Company if the Company deems that member to be in violation of any of the terms as set out in this User Agreement. The Company also reserves the right to refuse or cancel the membership of any member found to be defrauding the system in any way, or in any case where the Company feels that the member is not acting in the best interest of the Company.
3.9 MONTHLY FEES
Registration in Promopit is completely FREE of charge and carries NO fees of any kind. In the case where a member wishes to become a Merchant in Promopit (in order to sell their own products/services on the Promopit website), then Promopit offers 3 levels of membership to accommodate the various requirements a Merchant may have.
The cost for each Merchant membership option is listed within the Promopit website. All monthly fees are handled through Paypal™. Merchants may cancel their membership fees at anytime (and return to using the Promopit website for free) by cancelling their subscription with Paypal™ or by failing to renew their membership (in the case of non-subscription upgrades). Please note that we will NOT cancel your subscription for you.
3.9.1 FAILURE TO PAY (MERCHANTS ONLY)
If you are a Promopit Merchant and you fail to make your monthly membership payment on time, then your Merchant status will be automatically revoked and your products/services will be removed from the marketplace along with any promos that were active at that time. The loss of your Merchant status does NOT remove your entire account, and you are still free to use the Promopit website as a free member to purchase promos, participate in the free product "grabs", and participate in our affiliate program to earn commissions from referred sales.
We offer a grace period of at least 30 days for members to regain their previous Merchant status and reclaim all their product sales pages, sales data, etc. After 30 days have passed, the company makes no guarantees that thes data will be able to be restored should you choose to reactivate your Merchant status. In the case where this data in unrecoverable, the Merchant will be required to setup their products from the beginning, including re-applying for product approval, etc.
3.9.2 REFUND POLICIES AND PROCEDURES
The monthly membership fees for being a Promopit Merchant are directly for the advertising space that the Merchant gets to claim on the Promopit website (such as the product sales pages, the marketplace entries, the promos that are setup for each product, the free product giveaways, etc.). As such, the Company will NOT issue refunds on monthly membership fees because this advertising space has been used by the Merchant.
The company does offer an initial 7-day refund guarantee for all new Merchant accounts. During this 7-day period, the Merchant may request a FULL refund as long as NO products have been added to the marketplace, and NO promos have been created.
In cases where the Merchant has purchased multiple months in advance, or is on our annual membership plan, then the Merchant will be entitled to a pro-rated refund within 60 days as follows:
The refund will be determined by taking the current monthly rate for that membership level and multiplying it by the number of months the member has used up (including partial months). This calculated usage amount will then be subtracted from the total amount paid by the member. The remaining balance will then be issued as a refund. Please note that under certain circumstances, processing fees may apply (original payment processing fees, and refund processing fees) and these will be deducted from the refund amount.
Refunds will NOT be issued on Merchant credit purchases.
For refunds relating to the purchase of products/services being sold by our Merchants, the member making the purchase (the buyer) must deal directly with the Merchant who sold the product (the seller). To aid buyers in resolving their issues with Merchants, we offer a simple resolution process whereby members can easily communicate with the Merchant or open a dispute or refund request if necessary.
Please note: ALL Promopit Merchants have agreed to provide a minimum 30-day refund guarantee on all the products they sell (please see SECTION 8 below for products/services that are EXCLUDED from this minimum guarantee). In the event that a buyer and Merchant are unable to reach a satisfactory resolution, then the company (Logiscape Technologies Inc.) will refund the purchase back to the buyer during this 30-day refund period. If the merchant is providing a refund period longer than 30 days, then the buyer MUST work with the merchant to obtain this refund.
As a buyer within Promopit, you hereby agree to NOT abuse the refund policies and procedures by attempting to obtain products and services with the sole intention of refunding them. Any member found to be engaging in such activity will have their Promopit account terminated and they will NOT be permitted to register for any products or services in the future.
SECTION 4 -- COMPENSATION PLAN
4.1 EARNING "GRABS"
Promopit rewards members for various activity by issuing "grabs". The "grabs" earned by members are solely for use within Promopit and carry no cash value. Grabs cannot be traded, sold, bartered, transferred, or given away under any circumstances and must be used solely by the registered owner of the account.
4.2 EARNING MONEY
Members of Promopit may choose to be enrolled in our affiliate program and earn commissions. All commissions are paid directly into the member's Paypal account at the time of the purchase. As such, members must have a paypal account in order to receive commissions. For complete details on how the affiliate program works, members can refer to the affiliate agreement which must be agreed to prior to enrolment in the affiliate program.
The company does not guarantee that any individual will make/receive any money while a member of Promopit. Any examples within the Promopit website that suggest possible earnings/winnings are simply for illustration purposes and do not represent a typical situation.
4.3 EARNING BONUSES
Members may be elligible to earn additional bonuses from time to time according to the rules and regulations set forth on the website. Logiscape Technologies Inc. and Promopit will always retain the right to modify or terminate any ongoing or proposed bonus program at any time without notice.
SECTION 5 -- LEGAL POLICIES AND GUIDELINES
5.1 RIGHT TO REFUSE OR CANCEL MEMBERSHIP
The Company reserves the right to refuse or cancel the membership of any member found to be in violation of any of the terms as set out in this User Agreement, or if the member is found to be defrauding the system in any way. The Company will also terminate the membership of any member it feels is not acting in the best interest of the Company. In the event of a major violation, The Company will bring legal action against the member found to be guilty of such violation.
A member agrees to take full responsibility for his/her actions while using any of the services or products found on the Promopit website. The member also takes full responsibilty for any statements made, whether verbal or written, regarding the Company, the Promopit website, its products, services, or compensation plan. Members agree to indemnify and hold harmless the Company, its directors, affiliate officers, employees, and shareholders from any claim or demand whatsoever relating to or arising out of the member's use of the Promopit website and/or any of the services/products found within.
5.3 LOSS OF DATA AND OTHER ERRORS
Members agree to not hold liable the Company for any loss of data that might occur while the member is using the Promopit website and all services and products contained within. Loss of data includes, but is not limited to, any account balances, credits, downline members, cash, and statistics. The Company agrees to make every effort within its reasonable power to ensure that such loss of data never occurs, and the Company will make every effort within reason to correct any such loss of data.
Members also agree to not hold liable the Company for any damage that may arise to the member's computer, software, or other products while using the Promopit website and all services and products contained within.
5.4 MEASURES / ACTIONS BEYOND OUR CONTROL
Members agree to not hold liable the Company for any consequences or damage that may arise as the direct or indirect result of any action or circumstance beyond the Company's control, such as earthquakes, fire, flood, acts of war, acts of terrorism, acts of God, computer hacking, and any other natural or unnatural disaster that may occur.
5.5 RULES AND REGULATIONS CONTAINED ON THE WEBSITE
Any rules and regulations described within the Promopit website are hereby declared as extensions of this User Agreement and as such, all members agreeing to this User Agreement are declaring that they will abide by the rules and regulations that are set forth on the Promopit website.
In particular, members that wish to enrol in the affiliate program must agree to the terms and conditions of the Affiliate Agreement and members that wish to become a Promopit Merchant, must agree to the terms and conditions of the Merchant Agreement. In each case, these additional agreements will become part of the contract between the user and the company.
5.6 UNLAWFUL ACTIVITY
Members hereby declare that they will use the Promopit website and the services and products contained within in a lawful manner. Logiscape Technologies Inc. will immediately prosecute any individuals found to be using the website and/or any of its services in an unlawful manner.
SECTION 6 -- MERCHANT AGREEMENT
If a member elects to register as a Merchant, then said member agrees to the following additional terms:
a. The Merchant agrees to conduct themselves in a professional and respectful manner
b. The Merchant agrees to represent all products and services accurately
c. The Merchant agrees to provide the necessary support to ensure the product/service is delivered in a timely manner
d. The Merchant agrees to provide the buyer with a minimum 30-day refund period
SECTION 7 -- AFFILIATE AGREEMENT
If a member elects to register as an Affiliate, then said member agrees to the following additional terms:
a. The Affiliate agrees to conduct themselves in a professional and respectful manner
b. The Affiliate agrees to represent all products and services accurately when promoting Promopit and the listed products
c. The Affiliate agrees to use only legal and ethical means to promote the products and/or services offered within Promopit
SECTION 8 -- MERCHANT REFUND EXCLUSIONS
As a general guideline, we require that all merchants provide a minimum 30-day refund guarantee. Merchants are hereby EXEMPT from this refund guideline (which means they don't have to honour refund requests) in the following situations:
a. The product/service being purchased is 'consumable'. In other words, the product can be used up, such as advertising credits. In the case of 'consumable' products, merchants will only be required to honour a refund (during their refund period) provided the product has NOT been consumed. Example: 10,000 advertising credits are purchased and used up. In this case, the buyer would NOT have any refund claim, regardless of whether the advertising produced results or not.