TERMS AND CONDITIONS
Upon execution of the "Membership Application" by the Member and SAFE™, these Terms and Conditions form the Agreement referred to therein.
PART 1 - It is agreed by the Member and SAFE™ that:
1. An Applicant must have attained the age of 18 years at the time of execution of the Agreement, or have parental consent.
2. An Application must be accepted by SAFE™ before the Agreement is legal and binding.
3. An Applicant executing this Agreement on behalf of a Business or Corporation shall be deemed to be a duly authorised representative of that Business or Corporation.
4. Upon acceptance of the Application, the Member shall become an independent contractor and agrees to abide by all Federal, State and Local Government laws, rules and regulations in relation to their business and the sale of the SAFE™ products. The Member shall be responsible for the declaration of and the payment of all Income Taxes/GST which may be payable in respect of his/her business.
5. The Member shall not hold himself/herself out to be an agent, employee or franchisee of SAFE™. Members are free to select their own method of operation and may choose the hours and location in which to conduct their business.
6. Members shall not transfer their interest in this Agreement without prior written consent of SAFE™, which consent shall not be unreasonably withheld.
7. The Member is under no obligation, but may solicit orders for purchase of product supplied by SAFE™. A recommended retail selling price may be provided as a guide only and does not in any way set a retail selling price for product.
8. Nothing herein contained shall infer that a Member has any right, interest or title in any mark, trade mark, logo, trade name, design or intellectual property of SAFE™ and may not use or reproduce them without first obtaining written consent of SAFE™. A Member shall not repackage or change the label on any product.
9. Members shall not be entitled to change their Introducer.
10. Members shall abide by the SAFE™ Marketing System and shall be entitled to receive the benefits referred to therein.
PART 2 - The Member agrees as follows:
1. Not to hold themselves out to be anything other than a Member independent of SAFE™.
2. Not to make any statements or representations regarding SAFE™ or its products other than those approved and provided in writing in official literature or publication made available by SAFE™.
3. To operate in a lawful and ethical manner and to do nothing that will adversely reflect upon SAFE™, its products and other Members.
4. To offer customers a credit on any product returned directly to SAFE™ within 14 days of the purchase, should the product be defective.
5. Not to place any advertisement in any section of the media without first having it approved in writing by SAFE™.
6. That the product is not to be sold in any retail outlets other than those providing advice and guidance on the use of the products.
7. The Member shall be responsible for all costs and expenses, including travel, accommodation, advertising etc, which may become necessary in the conduct of his/her business.
8. The Member acknowledges that he/she has perused the SAFE™ Marketing System and agrees to comply therewith.
9. The Member agrees that, in the event of introducing another Member, to see that the introduced Member is trained so that their customers will receive proper advice and information on the SAFE™ products. The Member further agrees to continue to support his/her introduced Members so as to assist them in becoming viable in their business.
10. That SAFE™ will not be responsible for any acts or omissions of the Member in connection with his/her business.
11. The Member acknowledges that (Australian) GST may apply to goods and services covered by this Agreement. The Member authorises SAFE™ to raise a Tax Invoice on behalf of the Member, when applicable, and to quote thereon any ABN or GST Number supplied by the Member. The Member further acknowledges that the company name (SAFE) acronym or trademark logos in no way imply that the products are advertised as unequivocally safe to use or that other therapeutic goods are inferior.
PART 3 - SAFE™ and the Member further agree as follows:
1. That SAFE™ will not charge an annual renewal fee for membership. An annual service charge will be made for Members operating as a Networking Business who require monthly statements. Members who have not paid the annual service fee will not be entitled to the benefit of rebates and commissions.
2. That Members receiving rebates and commissions shall be required to purchase a certain amount of product direct from SAFE™ in any 6 month period. The amount of stock required is set forth in the SAFE™ Marketing System. A Member's commission entitlements shall be conditional upon the Member maintaining a business activity as set forth in the SAFE™ Marketing System.
3. That SAFE™ has the right to modify its Marketing System, policies, benefits and reward plan only by giving prior written notice to Members, and upon such notification the alteration shall form part of this Agreement.
4. There is no purchase necessary to become a Member. A Member may purchase product at Member price from any designated Distributor. However, only Members purchasing direct from SAFE™ will have Reward Points allocated to their purchases. These Reward Points will be used in the calculation of rebates, commissions and rewards.
5. All Members will be supplied with a Member Folder when their application for membership is approved. The Member Folder will contain information on SAFE™'s products, application forms, booklets and literature to assist the Member.
6. SAFE™ reserves the right to increase or alter its range of product and prices at any time by giving prior written notice to the Members, or to delete any product which is no longer available or which in the opinion of SAFE™ should be deleted from the product range. SAFE™ reserves the right to introduce other product ranges governed by such rules as may be determined by the Board.
7. If any part of this Agreement is or becomes void or unenforceable that part shall be severed from the Agreement and the Agreement shall have the full force and effect that it would have had but for that part.
8. A Member may terminate this Agreement by giving notice in writing to SAFE™.
9. If a Member commits any breach of this Agreement or does anything which is contrary to SAFE™’s best interest, SAFE™ may terminate this Agreement by notice in writing to the Member at the Member’s last known address. SAFE™ reserves the right to terminate/cancel memberships of Members that use their membership inappropriately and thereby jeopardise the SAFE™ Marketing System. Inappropriate usage may include, but is not limited to, the establishment of multiple memberships in one network and/or recruiting of existing SAFE™ Members into their own SAFE™ network or network of a company or network business other than SAFE™. SAFE™ will notify affected Members in writing about possible inappropriate usage, outlining rectification steps. These steps may include termination of one or more memberships.
10. Upon termination of this Agreement no further monies will be payable to the Member by SAFE™ except for any monies which may be due to the date of termination.
11. This Agreement shall be governed by the law of the State of Queensland and legal proceedings by either party shall be instituted in the appropriate Court in the State.
12. This Agreement represents the entire Agreement between the Member and SAFE™ and no representations or warranties have been given by SAFE™ or any of its representatives to the Members other than those set forth in this Agreement.
13. This Agreement shall be binding on successors and assigns of both parties.