These terms and conditions apply between all Users of this Application (Including but not limited to Netizens) and DaBank, the owner(s) of this Application. Additionally, these terms and conditions apply to the use of and (where applicable) purchase of the Products and Services, “Recommended” by DaBank and its associates, including but not limited to Netizenship, Subscriptions & Events and the placing of Advertising with DaBank. Please read these terms and conditions carefully, as they affect your legal rights.

1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Application. By using the Application and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the DaBank Application or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Application for any purpose that is unlawful or prohibited by the terms and conditions mentioned herewith. By using the Application, you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Application immediately.

1.2 DaBank reserves the right to change these terms and conditions without notice, and Users/Netizens agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.

1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.

2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:

• Activities - individual participation in the organized activities of advertising for promotion of products & services of DaBank’s Associated Partners.

• Advertisement – The mode of sharing material by display, classified, inserts, banners, mini-Applications, button advertisements and any other announcement designed to publicly promote activities including Events, Campaigns and Programs;

• DaBank shall mean DABANK MARKETING RESEARCH & ADVERTISEMENT LIMITED of 272, Bath Road, Glasgow, G2 4JR, Scotland, United Kingdom. Company No. SC500571;

• Content - any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Application;

• Client - any individual or company signing/executing a contract/agreement for Advertising and Promotional activities for their products/services with DaBank against fees and charges to be obtained by DaBank from the client.

• Partner third parties (who may or may not be Netizens or Users) whom have licensed Third Party Content to DaBank in the form of Partner Downloads;

• Partner Download(s) Third Party Content in the form of a Report created by Partners and which has been uploaded to the Application and available to Users on terms as specified on the relevant part of the Application;

• Products digital copies of content online or otherwise including digital copies of Reports and copies of the Software, Applications and Services, as well as physical products been provided by “Partners” in various segments subject to the Terms & Conditions, Policies, Shipment and After Sales Service Policies of respective “Partner”.

• Services collectively or individually as appropriate, any product or service provided by DaBank including but not limited to any services listed on the Application, Reports, Advertising, Products, Netizenship Activities and Events;

• Application/Website the Application owned by DaBank and any sub-domains of this Application/Website, unless expressly excluded by their own terms and condition.

• Forum - shall mean the Netizens Directory and Suppliers Directory collectively;

• Netizenship - that is offered by DaBank free of charge in consideration for registering via the purchase of any type of recommended products/software/applications/services etc. and agreeing to these terms and conditions. It’s a Netizens status considered as a career.

• Netizen(s) - The individual or company acting as the freelance user of DaBank website/application for the Activities and Advertisement purpose as mentioned above.

• Netizens Forum - the directory of a Netizen’s referred Netizens profiles currently accessible under the “Activity Forum” and “My Activities” tabs through Netizen’s User Dash Board;

• Rewards – The part of revenue shared by DaBank with the Netizens for their promotional activities in the form of “Individual Activity Rewards”, “Team Activity Rewards”, “Imperial Club Rewards” and “Achievements”.

• Event - any live event hosted by DaBank, including but not limited to any training, seminar, workshop, conferences, summits and awards event as the same may be attended in person or as an Online Event;

• Online Event an Event at which Attendees do not attend in person, but are given access to a virtual Event online via various interactive tools, including live and on-demand video streaming, web conferencing and online training courses;

• Privacy Policy DaBank's current Privacy Policy as the same may be amended from time to time;

• “User”, “Users”, “you” Any and all persons who access the Application and services provided by DaBank, including but not limited to Netizens;

2.2 In these terms and conditions, unless the context requires a different interpretation:

2.2.1. The singular includes the plural and vice versa;

2.2.2. References to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;

2.2.3. A reference to a person includes firms, companies, government entities, trusts and partnerships;

2.2.4. The 'including' is understood to mean 'including without limitation';

2.2.5. Reference to any statutory provision includes any modification or amendment of it;

2.2.6. The headings and sub-headings do not form part of these Terms and Conditions.

3.1 Content is available via DaBank and this Application/Website on a free of charge basis and in consideration for a specified payment, as part of a Netizenship agreement and content included within the various recommended products, articles (for instance via DaBank's 'Knowledge Bank', 'News', 'Research & Reports') and the support section of the Application/Website although this list is non-exhaustive.

3.2 All Content included on the Application/Website, unless uploaded by Users, Netizens or Partners or as stated otherwise, is the property of DaBank, our affiliates, licensees or other relevant third parties. By continuing to use the Application/Website, users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Application shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Application without the owner's prior written permission;

3.3 Subject to clause 4 DaBank hereby grants to the User a non-exclusive worldwide license for the duration of the Netizenship or in the case of a User who is not a Netizen, until DaBank may choose to revoke such license, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Netizenship (where applicable) and at all times only for the User's own information purposes and for the avoidance of doubt, not for any commercial or business purposes.

3.4 Notwithstanding any other rights or remedies available to it, DaBank shall have the right to terminate any license granted to any User, to terminate any Netizenship (where applicable) or block a User from the Application in the event of any breach by such User of any of the terms and conditions of this license. Without prejudice to any rights granted herein, DaBank reserves the right to amend, edit or abbreviate or take down any Content at sole discretion.

4.1 Users are expressly for bidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extra-net Application), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.

4.2 With regard the uploading, or posting of User Generated Content, and use of the Application more generally, Users may not use the Application/Website for any of the following purposes:

4.2.1 In any way which causes, or may cause, damage to the Application or interferes with any other person's use or enjoyment of the Application/Website;

4.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.

5.1 The Application/Website and Services are provided "as is" and on an "as available" basis. DaBank give no warranty that the Application/Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, DaBank provide no warranties (express or implied) of fitness for a purpose, accuracy of information, compatibility and satisfactory quality. DaBank is under no obligation to update information on the Application.

5.2 Whilst DaBank uses reasonable endeavors to ensure that the Application/Website is secure and free of errors, viruses and other malware, DaBank give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers/devices.

5.3 DaBank accepts no liability for any disruption or non-availability of the Application/Website.

5.4 DaBank reserves the right to alter, suspend or discontinue any part (or the whole of) the Application/Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Application/Website unless it is expressly stated otherwise.

6.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or(c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

6.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

6.3 To the maximum extent permitted by law, DaBank accepts no liability for any of the following:

6.3.1 Any business losses, such as loss of profits, income, rewards, revenue, anticipated savings, business, contracts, and goodwill or commercial opportunities;

6.3.2 Loss or corruption of any data, database or software;

6.3.3 Any special, indirect or consequential loss or damage.

7.1 Except as otherwise expressly agreed to by DaBank in writing, information regarding DaBank products and Services is subject to change without notice.

7.2 Information about Products and Services promoted by DaBank made available on and/or through this Application/Website shall not constitute a representation, warranty or other commitment by DaBank with respect to any product or service unless otherwise expressly agreed to by DaBank in writing.

7.3 Without limiting the generality of the foregoing, DaBank hereby disclaims all warranties, express or implied, as to the accuracy, suitability for any purpose or completeness therefore.

8.1 This Application/Website makes available certain Content that has not been created by DaBank either via hyperlinks which may take Users to Applications not controlled or maintained by DaBank, or as hosted via the Application whether or not such Content is available free of charge, to Netizens only or for a fee, for example Partner Downloads, Netizen profiles and other materials posted by other Users on the Application blogs and forums ("Third-Party Content").

8.2 Any copying, distribution, reproduction, re-transmission, or modification of any of the Third-Party Content or any information or materials appearing in such Third-Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third-Party Content.

8.3 Third Party Content is not the responsibility of DaBank, and Users acknowledge and confirm that DaBank has no control over the opinions, information, legality of products, or accuracy off acts or statements contained in such Third-Party Content and furthermore DaBank cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third-Party Content necessarily represents the point of view of DaBank.

8.4 DaBank cannot and does not confirm each User's identity, whether or not they are a Netizen. DaBank allows Netizens to give access to information about themselves to other Netizens but does not control the information provided by Users or Netizens.

8.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release DaBank (and our partners, clients, officers, directors, agents, subsidiaries, Netizens and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8.6 Downloading/Purchasing some Third-Party Content such as 'Knowledge Bank' or “Online Shopping”, “Placing Online Orders” etc. may involve DaBank sharing personal data collected during registration with the authors/providers of such Third-Party Content. Users who wish to download/purchase such Third-Party Content should refer to our Privacy Policy prior to downloading/purchasing. Users who do not wish to have their data shared in this manner should not download/purchase such Third-Party Content.

Users may become DaBank Netizens in order that they may gain access to additional content (including Third-Party Content) and DaBank Services in accordance with the various Netizenship tiers as defined on the DABANK Application/Website (as updated from time to time), inconsideration for such fees (where applicable) as specified therein and agreement from Users to participate as a Netizen.

Netizenship is subject to acceptance of these terms and conditions, Privacy Policy and specifically the following:

9.1 To become a Netizen of DaBank, Users are required to purchase at least one recommended product/service of the associated business partners of DaBank. The User represents and warrants that the information given in that registration will be truthful, accurate and complete. DaBank will hold all such information in accordance with the terms of the DaBank's Privacy Policy and it may be used to validate the Users registration for Netizenship.

9.2 Each Netizen's profile will automatically appear in the Netizens Directory, (and the Suppliers Directory where Netizens qualify for and opt into inclusion therein), and profile information will be published in accordance with the terms of the DaBank's Privacy Policy. It is Netizen's responsibility to maintain and accurate and up to date profile.

9.3 Free Netizenship shall continue until Netizen stops using the application/website and promotional activities at individual discretion.

To cancel any Product/Service subscription, Netizens must inform DaBank in writing by emailing [email protected], as well as to the respective associated partner according to their terms and conditions as applicable at the time of cancellation.

Users may purchase Products/Services as the same are available via the Applications and websites of the associated business partners of DaBank and at prices and supplemental conditions as are stated on their Websites.

10.1 Product/Services Delivery : Products/services offered by the associated partners of DaBank are delivered using online downloadable option generally. However tangible goods (If applicable or available) may be delivered through available service providers with the manufacturer/supplier Merchant Partner of the purchased product/service, as and where the services are available, unless otherwise stated. DaBank cannot guarantee the availability of any Product and some Products may therefore take longer to dispatch, as per the product or service provider of the desired product purchased at the partnering merchant’s site.

10.2 Delivery Charges : Tangible products (if applicable) provided by the associated business partners of DaBank are subject to international shipping fee. The cost to ship may differ from seller to seller and will be payable by the buyers. In no case Dabank holds any liability of product availability, supply, shipment, after sales services and related customer support.

The booking and attendance at all Events shall be subject to the following:

11.1 Payment Policy : Where payment is required to attend an Event, this must be made before the date of the Event. Late payment will result in a ‘late payment administration charge'. The relevant fees and payment methods will be listed with each Event description, though is always subject to VAT for UK companies.

11.2 Attendee Substitutions : Entry to Events is permitted only to named individuals who have booked such entry. Should an Attendee which to nominate someone else to attend in their place, they must contact DaBank at least 24 hours prior to the commencement of the Event, or such other time as is reasonable in the circumstances. For the avoidance of doubt, should you nominate an alternative Attendee, you warrant and confirm that they will agree to the terms and conditions herein, or you shall remain primarily liable for such substitution Attendee.

11.3 Changes to Events : DaBank, aims to deliver high quality Events in the way they are advertised. However, it may become necessary to alter and/or change certain elements including by way of example the choice of speakers, venue, date and timings, although this list is illustrative and shall not be deemed to be exhaustive. DaBank shall, where reasonable and possible to do so, make such reasonable changes to Events if necessary, and shall inform Attendees of any such relevant changes in a reasonable time before the relevant Event. For the avoidance of doubt, DaBank shall not be in breach of contract if such changes are necessary, and Attendees shall not be permitted to obtain a refund of any fees payable.

11.4 Online Events :

11.4.1 DaBank may require that Attendees access Online Events via a third-party Application channels, “Channel”). Attendees acknowledge and confirm that such access may require Attendees to be subject to any terms and conditions required by the owner of such third-party Channel (“Channel Owner”) including any registration requirements, and their privacy policies.

11.4.2 DaBank accepts no liability for any error, fault, or interruption in the service of any Channel or Channel Owner.

11.4.3 In accordance with DaBank's Privacy Policy, Attendees consent to our sharing the following information:

(a) Data from Attendee's Netizen profile, and/or collected upon registration to view the Online Event with the relevant Event Sponsors and Channel Owners;

(b) Details of the content you have viewed on that Channel and viewing times with the relevant Channel Owner.

11.4.4 For the purpose of this agreement, "Event Sponsor" means any third party who sponsors an Event in exchange for brand promotion, thought leadership opportunities, and the leads generated from the Event audience where applicable.

11.4.5 Attendees agree that the relevant Channel Owner or Event Sponsor may contact Attendees for such purposes as replying to Attendee queries, improving their services, conducting surveys, to deliver promotional material to Attendees. Event Sponsors receiving personal information from DaBank do not have any independent right to share this information. In registering with a Channel to view an Online Event Attendees agree that Attendee's personal and other information may be shared with the Event Sponsor and we encourage you to review the relevant Event Sponsor's own privacy policy to ensure Attendee is satisfied with the provisions. Except as previously stated, DaBank does not control the activities of Event Sponsors or Channel Owners in the control and protection of personal information.

11.5 : In the case of all DaBank events including the annual DaBank Awards etc., all tickets purchased are non-refundable.

11.6 : For the avoidance of doubt, no liability is accepted on the part of DaBank for any statements or opinions expressed (whether by Attendees, or speakers, or otherwise) at Events.

All media and advertising placed with DaBank shall be subject to the following:

12.1 All Advertisements are accepted subject to DaBank's approval of the copy and to the space being available.

12.2 DaBank reserves the right to omit or suspend any Advertising (or part thereof) at any time for if DaBank holds the belief that publication may be unlawful, defamatory, put DaBank into disrepute, in breach of any of com regulations, or Advertising Standards Agency (or like body) regulation or code, put it in breach of contract or infringes the copyright off a third party in which case no claim on the part of any Client for damage or breach of contract shall arise.

12.3 If DaBank considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond DaBank's control. Every care is taken to avoid mistakes but DaBank cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions. In any event the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for DaBank to use its reasonable endeavors to remedy such inaccuracies upon notice from the Client, where practicable. For the avoidance of doubt the Client accepts that Advertisements which have gone to print cannot be altered.

12.4 The Client warrants that the Advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other party's rights or an infringement of the British code of Advertising Practice. Country of origin of goods advertised must be shown in advertisements if so required by statute or statutory or other regulations.

12.5 The Client will indemnify DaBank fully in respect of any claim made against DaBank arising from DaBank's publication of any Advertisement or part thereof arising from a breach of any term, condition, undertaking or warranty given here-under or otherwise to DaBank. DaBank may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.

12.6 Advertisement rates are subject to revision at any time and orders are accepted on condition that, in the case of Advertising placed within an issue of the Magazine, that the price binds DaBank only in respect of the next issue to go to press. In the event of a rate increase, the Client will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.

12.7 If a Client cancels the balance of a contract for the placement of Advertising, the Client relinquishes any right to any series discount to which they may previously have been entitled and Advertising will be paid for at the then current rate card.

12.8 Accounts are due for settlement within 30 days of the commencement of publication of the Advertising. In the event of any account becoming overdue, DaBank reserves the right both to suspend Advertising until such time as the sum owing is paid and to reduce any commission otherwise allowed to Advertising Agencies. The same can be recovered from the Netizen’s Rewards also.

12.9 Advertisement copy should he supplied by the Client in accordance with the mechanical data stated on the rate card. Charges will be made to the Client or his Agent where the printers are involved in extra production work owing to acts or defaults of the Client or his Agent. These charges will be at the rate agreed prior to commencement of Advertising.

12.10 If copy instructions are not received by agreed Copy Date no guarantee can be given that proofs will be supplied, nor corrections made and DaBank reserves the right to repeat the most appropriate copy, or insert a house advertisement for which the Client will be invoiced.

12.11 Total amount payable, by the Client, within the 30-day period, will be written in the 'Gross Payment' section of the order form, accompanying this document. Series bulk discount purchases must be paid in one payment, 30 days after invoice, unless otherwise stated.

12.12 In the case of the Client failure to make complete payment within 30 Days of the invoice date occurred, cumulative monthly interest, at a rate of 10% per month from the invoice date, will be added to the gross amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Client, those costs will be charged back to the Client.

12.13 Client's materials which may be delivered to DaBank including but not limited to property and artwork are held by DaBank at Client's risk and should be insured by them against loss or damage from whatever cause. DaBank reserves the right to destroy all artwork, which has been in his custody for twelve months from the date of its last appearance.

Prices for any of DaBank services or products as well as services and products of the associated business partners are subject to change without prior notice. DaBank aim to regularly update all publicly available sources of price information via the Application to ensure that you have accurate information available to you when you order.

The description and price of any Service purchased here-under will be confirmed in DaBank's dispatch note and/or invoice or at point of payment if purchased online.

Unless specified herein or at point of purchase to the contrary, DaBank invoices for any Service are due for payment 30 days from their date. DaBank reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts at the rate in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 of UK as at the due date.

15.1 Dependence on DaBank Services The contents of any of DaBank Services or the Application do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall DaBank be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Application or Services. You agree to indemnify DaBank against any actions, claims, proceedings, or liabilities arising from your use of the Application or Services.

15.2 Data Protection DaBank may use personal information which DaBank hold about Users to provide DaBank products and services to Users, for credit control and market research purposes and to inform Users about DaBank products and services, legal developments and training sessions or Events which we believe may be of interest to Users. For further details please consult our Privacy Policy.

15.3 Force Majeure If by reason of labor dispute, strikes, inability to obtain labor or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such DaBank is unable to perform in whole or in part its obligations set forth in these terms, then DaBank shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make DaBank liable to any other party.

15.4 Users may not transfer any of their rights under these terms and conditions to any other person. DaBank may transfer their rights under these terms and conditions where DaBank reasonably believe Users rights will not be affected.

15.5 These terms and conditions may be varied by DaBank from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

15.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

15.7 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

15.8 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforce-ability of the other provisions of these terms and conditions will not be affected.15.8 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforce-ability of the other provisions of these terms and conditions will not be affected.

15.9 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

15.10 Governing Law and Jurisdiction These terms and conditions shall be construed in accordance with the laws of UK and shall be subject to the exclusive jurisdiction of the English courts.

WHEREAS :

1. These Terms & Conditions apply to participants in the DaBank Opportunity Worldwide Affiliate Programme (the “Programme”).

2. In these Terms & Conditions, “Company”, “we”, “us”, and “our” means DaBank Marketing Research & Advertisement Limited a company registered in United Kingdom under number SC500571 whose registered office is at 272, Bath Street, Glasgow, UK G2 4JR.

3. In these Terms & Conditions, “Netizen”, “Affiliate”, “you” and “your” means the individual who is using this application/website to become a participant in the Programme and who will accept these Terms & Conditions upon accessing the same.

4. By accepting these Terms & Conditions you agree to be bound by them and shall enter into a binding agreement with us (the “Agreement”).

1.1 In these Terms & Conditions the following terms shall have the following meanings stated against each:

2.1 By enrolling in the Programme, you agree that, at the time of registration with Client, you have provided accurate and complete Registration Data and that you shall inform us of any changes in your Registration Data.

2.2 Upon your acceptance of these Terms & Conditions, subject to our approval and sub-clause 2.4 below, you willingly abide with these terms and conditions prevailing at any given point of time.

2.3 We may, at our sole discretion, review your activities on our application/website following your acceptance of these Terms & Conditions.

2.4 We may, in our sole discretion, choose to reject your access for any reason (and are under no obligation to disclose such reasons). Reasons for which an Access may be rejected include, but are not limited to, your conduct and content been used by you for the promotional activities that:

2.4.1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable,

2.4.2 facilitates or promotes violence, terrorism, or any other criminal activity,

2.4.3 is sexually explicit, or

2.4.4 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.

2.5 User Status : In this “Programme”, DaBank users are classified under three types of User Statuses:

2.5.1 A registered user of our “Client” accessing their FREE services is a "Basic Netizen",

2.5.2 A registered user of our “Client” accessing their STANDARD services is an "Executive Netizen",

2.5.3 A registered user of our “Client” accessing their PREMIUM services is an "Imperial Netizen".

3.1 Nothing in these Terms & Conditions shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.

3.2 Subject to any express provisions to the contrary in these Terms & Conditions, you shall have no right or authority to and shall not do any act, enter into any contract, make any office bearer representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.

3.3 Your relationship with DaBank construes your voluntary participation in promotional activities conducted under these terms and conditions wherever applicable for your individual benefits only.

4.1 In your DaBank Virtual Office, will be the requisite materials for sending invitations and other hyperlinks. These materials will include the referral code through which the invitee will get channelized with you on registration with our “Client/s”.

4.2 The referral code as it appears in your invitation must be used exactly and not altered in any way. Failure to comply with this condition may result in no users referred through your invitation or referral code.

4.3 Under no circumstances may any of the invitation links provided by us be modified in any way. You may not use invitations and referral links of your own.

4.4 All graphic files that we may provide for use as invitation and referral links may be shared by you among your communities through your desired means of communication. We reserve the right to the alteration or modification of these graphical files.

5.1 You shall be exclusively responsible for maintaining and updating your own information on the website/application. Subject to the provisions of this Clause 5 and Clause 14 below, DaBank shall not have any obligations to you in relation to the maintenance or content on the website/application.

5.2 Subject to Sub-clause 5.3 of these Terms & Conditions, neither Party may host any content that:

5.2.1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable,

5.2.2 facilitates or promotes violence, terrorism, or any other criminal activity,

5.2.3 is sexually explicit, or

5.2.4 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.

5.3 Neither Party shall be under any obligation to pre-screen any content added to the website/application by third parties; however, in the event that either Party receives from the other a written notification of any content that falls within that described in Sub-clause 5.2 of this Agreement, such content must be removed within 30 Business Days of receipt of such notice.

6.1 As an affiliate, you shall abide with and follow to display the services, pricing and other information related to our Clients. It is your responsibility to keep such information up-to-date through your own efforts; we will provide all such information updates as and when required on the illustrative Official Promotional Tools the “OPT”, provided for advertisement and promotional activities.

6.2 We reserve the right to alter the information at any time in accordance with our own policies. Such alteration or modifications will be announced and duly notified as and when occur.

6.3 In no condition we are liable for any kind of unofficial alteration of the information or tampered presentation of the original “OPT” (Official Promotional Tools) by any means beyond our control.

The Clients have their own system of subscription/product package setting combinations and levels of service/s, available at different prices. Descriptions of such packages are available on their respective website/s and can be purchased from there. We provide only the advertisement and promotional services; no sales are executed through our website/application.

8.1 Terms & conditions relating to the referral of users to our Client/s via the invitations and referral links can be found on our website/application.

8.2 We reserve the right to alter such terms & conditions at any time and will provide notification of any such alteration, on our website/application.

9.1 We do not process and fulfil orders for Service Packages placed by referred users generated by affiliates. Respective Client/s is/are responsible for the fulfilment.

9.2 The client/s reserve the right to reject any order that do not comply with the user referral requirements detailed in Clause 8 of these Terms & Conditions.

10.1 We will track the following elements of all sales:

10.1.1 Origin (the referral / invitation link);

10.1.2 Netizenship Status; and

10.1.3 Rewards generated.

10.2 Full reports of all rewards generated in your Netizens Forum will be available in your DaBank Virtual Office. We reserve the right to alter the form and content of such reports without notice.

11.1 DB Points : You will be rewarded with “DB Points” (predefined reward points where 1 DB point = 1 GBP) on the criterion set out in Sub-clause 11.2 on the advertisement & promotional activities in your Netizens Forum.

11.2 Rewards : will be declared from time to time in our “OPT” (Official Promotional Tools) and calculated accordingly on the following basis:

11.2.1 Individual Rewards : Rewarded for the individual efforts to promote the products and services recommended by DaBank among Social Community.

11.2.2 Forum Rewards : Rewarded for optimum efforts to create Netizens Forum by participating in the awareness programs, seminars and trainings, resulting in massive promotion of the products and services recommended by DaBank.

11.2.3 Club Rewards : Rewarded for the promotion of premium services and products recommended by DaBank, through a Imperial Club Rewarding System.

11.2.4 Gold Rewards : Special performance-based rewards in the form of gift vouchers for “Gold Shopping” on achieving predefined criterion of various targets in the form of “Gold Race” and “Gold Rush”.

11.2.5 DaPride Rewards : Highest level of honour and felicitation in the form of Luxury Sedans to the Netizens, succeeded in the establishment of huge Netizen Forums under four predefined stages.

11.2.6 1APP Rewards : Rewarded on e-commerce turnover of Netizens Forum through a channelized reward system of an e-Commerce Platform being integrated with DaBank.

11.3 Eligibility : This Sub-clause 11.3 shall apply to the eligibility of getting rewarded.

11.3.1 The users with their Netizenship Status as “Executive” will be eligible for the rewards mentioned in the sub-clauses 11.2.1, 11.2.2, “Gold Race” category of 11.2.4 and 11.2.6,

11.3.2 The users with their Netizenship Status as “Imperial” will be eligible for the rewards mentioned in the sub-clauses 11.2.1, 11.2.2, “Gold Rush” category of 11.2.4, 11.2.5 and 11.2.6,

11.3.3 To receive any kind of reward a user must have minimum 2 Executive Netizens referred directly,

11.3.4 All the criterion will be defined, and the rewards will be calculated according to the activities performed in the Netizens Forum (subject to the Terms and Conditions applied from time to time).

11.4 Accounts : All the rewards generated are credited in the form of DB Points to the accounts section of the Virtual Office. Netizens can withdraw the DB points to their desired currency (available) after clearing their profile verification and KYC requirements of our payment processors.

11.5 Recovery : In the event of any refunds issued by the Client/s for any reasons including, but not limited to fraud and where such refunds are not incurred through any fault of ours, the respective rewards generated will be rolled back immediately and recovered.

11.6 Taxation : We are not liable to advance tax deduction on the rewards paid out of the UK. By accepting these Terms & Conditions you hereby acknowledge that you are solely responsible for the payment of tax on any income/rewards you may generate through your involvement in the Dabank Opportunity Worldwide Affiliation Programme.

11.7 Amendment : We reserve the right to modify or make any amendment to our Reward Programme at any time without any prior written notice of any such change. You will have to refer to the latest version of official OPT (Official Promotional Tools).

12.1 Upon your entry into the Programme, we shall grant to you a non-exclusive, non-transferrable, royalty free licence to use our trade marks, such trade marks being detailed in this Agreement and at https://dabank.co.uk (our “Trade Marks”), including the Logos, Definitions and Terminology used in this agreement.

12.2 You may use our Trade Marks only to the extent required to establish links and perform your obligations as an Affiliate under these Terms & Conditions.

12.3 In the event that you wish to use our Trade Marks for any purposes outside of these Terms & Conditions you must not do so without prior written consent, such consent not to be unreasonably withheld.

12.4 By accepting these Terms & Conditions you hereby agree that:

12.4.1 Our Trade Marks shall remain the property of Dabank Marketing Research & Advertisement Limited unless and until we assign those marks to a third party,

12.4.2 Nothing in these Terms & Conditions shall be deemed to confer any ownership rights in our Trade Marks on you, and

12.4.3 You shall not contest the validity of our trade marks.

13.1 Unless otherwise expressly indicated we are the sole and exclusive owners of all Intellectual Property Rights (“IPRs”) in our website including, but not limited to: all code, text, sound, video, graphics, photographs and other images that form a part of the site as well as the Official Promotional Tools the “OPT”. We shall also be the sole and exclusive owners of all IPRs which may subsist in any supporting documentation which shall include, but not be limited to, site plans, maps, design sketches and other preparatory material.

13.2 We shall be the sole and exclusive owners of all IPRs which may subsist in all future updates, additions and alterations to our website, such material including any supporting documentation.

14.1 In accepting these Terms & Conditions you hereby warrant and acknowledge that:

14.1.1 Your promotional activities do not and will not contain any content that:

(a) is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable fraudulent and misleading;

(b) facilitates or promotes violence, terrorism, or any other criminal activity;

(c) is sexually explicit; or

(d) infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.

14.1.2 Your Virtual Office is and will remain functional and, subject to the provisions of Clause 19 of these Terms & Conditions, reasonable downtime for maintenance;

14.1.3 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;

14.1.4 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

14.1.5 You will not refer to us in any way in any unsolicited bulk email campaigns or other spamming practices that you may conduct.

15.1 We make no warranty or representation that our website, applications, the Affiliate Programme or Events etc. will meet your requirements or those of your visitors/invitees, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate.

15.2 We do not accept or collect any payment from the Users/Netizens in any type of described or undescribed method, clearly describes that these promotional activities are not related with any sort of money circulation defined under various money circulation acts.

15.3 The affiliation programme; Dabank Opportunity Worldwide mentioned in this agreement as well as referred anywhere, works on voluntary involvement of the Netizens for the advertisement and promotion of goods and services of our clients. Netizens Forum is a channelized data base created by the Netizen for their individual benefits. These activities do not imply any kind of pyramid scheme.

15.4 We do not issue invoices/bills to our users under this programme, hence being a provider of free online digital services the “Consideration” we do not attract any kind of tax on our services.

15.5 We make no guarantee of any specific results from the use of our website/application or from enrolment in the Affiliation Programme.

15.6 We make no guarantee that our website shall remain functional and accessible to all users of the internet or will function without errors.

16.1 We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.

16.2 We shall not be liable to you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with these Terms & Conditions.

16.3 Not withstanding any other provision in these Terms & Conditions, our liability to you for death or injury resulting from our own negligence or that of our employees, agents or sub-contractors shall not be limited.

17.1 These Terms & Conditions and The Agreement shall come into force and become binding on the “Commencement Date” which is the time of your first time accessing our website/application and shall continue in force unless and until terminated in accordance with this Clause 17.

17.2 We may terminate the Agreement and block, deny, refuse access to the website/application without giving prior written notice if at any time where the Netizen/User in our belief has committed a material breach of these Terms & Conditions or the Agreement.

17.3 The User/Netizen may request the termination of the Agreement at any given point of time. Upon the termination of the Agreement for any reason, you shall remove the links established or contacts developed under these Terms & Conditions.

17.4 Upon the termination of the Agreement for any reason, all licenses granted shall also terminate.

17.5 If the Agreement is terminated in accordance with Sub-clause 17.2 and 17.3, any Rewards owed to you at that time shall be forfeited.

18.1 Each Party (a “Receiving Party”) shall keep the Confidential Information belonging to the other Party (a “Supplying Party”) confidential and secret and shall not use or disclose or make the Confidential Information available, directly or indirectly, to any person other than its officers and employees who need the Confidential Information to enable the Receiving Party to perform its obligations under these Terms & Conditions and provided that such officers and employees are also obliged to keep such Confidential Information confidential and secret. The foregoing obligations shall not apply to any information acquired by the Receiving Party which:

18.1.1 At the time of its acquisition was in the public domain; or

18.1.2 At a later date comes into the public domain through no fault of the Receiving Party.

18.2 Each Party hereby agrees and undertakes:

18.2.1 That all Confidential Information shall be and shall remain at all times the sole and exclusive property of the Supplying Party;

18.2.2 That its right to use Confidential Information shall wholly cease upon the termination of the Agreement; and

18.2.3 To return to the Supplying Party on termination of the Agreement all material embodying Confidential Information (including information stored on digital media) or any part thereof and all copies thereof.

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, that / those provisions shall be deemed severed from the remainder of these Terms & Conditions. The remainder of the Terms & Conditions shall be valid and enforceable.

21.1 No Waiver : The Netizen/User shall agree that no failure 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.

21.2 Non-assignment : You may not assign any or all your rights or obligations under these Terms & Conditions or the Agreement without our prior written consent, such consent not to be unreasonably withheld.

22.1 These Terms & Conditions and the Agreement shall be governed by the laws of Scotland.

22.2 Any dispute between the Parties relating to the Agreement shall be fall within the jurisdiction of the courts of Scotland.