Independent Representative or Affiliate Agreement Terms and Conditions
The Terms & Conditions hereunder, together with the Policies & Procedures and the Compensation Plan, form the agreement (the "Agreement") between the Independent Representative or Independent Affiliate ("Member") and Organic & Natural Enterprise Group Pty. Ltd., ABN: 29 103 341 288 ("ONEgroup" or "the Company").
1. The Member is of legal age to enter into a contract in the country in which they reside.
2. The Member shall have the right to sell the products offered by ONEgroup in accordance with the Company's Compensation Plan.
3. The Member agrees to abide by any modifications to the Policies & Procedures or the Compensation Plan reasonably implemented by the Company and provided to the Member.
4. The terms of this Agreement shall be one (1) year from the date of acceptance by the Company, unless earlier terminated by the Company or the Member. Provided the Member does not breach any of the Terms & Conditions of this Agreement, this Agreement will be renewed for successive terms of one year.
5. The Member confirms and acknowledges that the Member is an independent contractor who establishes and services retail customers for the Company's products. The position of "Member" does not constitute an agency or a franchisee/franchisor relationship with the Company. This Agreement is not intended and shall not be construed to create a relationship of employer/employee, agency, partnership or joint venture between and Member and the Company.
6. As an independent contractor, the Member shall:
a) Abide by any and all Federal, State and local laws, rules and regulations pertaining to this Agreement and the acquisition, receipt, storing, selling, distribution or advertising of the Company's products.
b) At the Member's own expense, make, execute or file such reports and obtain such licenses as are required by law or public authority with respect to this agreement and the receipt, storing, selling, distribution or advertising of the Company's products.
c) Be solely responsible for the declaration and payment of all local, State and Federal taxes that may be payable because of the Member's activities or income in connection with this Agreement.
d) Not make any statements or representations regarding the Company's products or Compensation Plan other than those contained in sales aids provided by the Company.
7. Failure to comply with any provision of the Agreement may result in the suspension or cancellation of the Membership.
8. A Member shall be entitled to cancel their Membership at any time and for any reason upon sending written notice to the Company. Upon notification of cancellation, the Company will re-purchase any inventory in accordance with this Agreement.
9. In the event that a dispute arises between the Company and a Member or among Members as to their respective rights, duties and obligations under this Agreement, such disputes shall be exclusively resolved pursuant to the appeal procedure in the Policies & Procedures. Any further dispute shall be submitted to binding arbitration. Such arbitration to be held in Queensland, Australia. The laws of Queensland, Australia, apply. The decision of the arbitrator shall be final and shall be entitled to enforcement in any court of competent jurisdiction.
10. It is expressly agreed by the Member that there are or were no verbal or other written representations, understandings, stipulations, agreements or promises relating to the subject matter of the Agreement not incorporated in writing in this Agreement and that this Agreement constitutes the entire agreement between the parties.
11. The Member understands that the Membership position can be inherited or bequeathed, but cannot be transferred or assigned during the lifetime of the Member without the written consent of the Company, which consent shall not be unreasonably withheld.
12. The Member understands the Company does not discriminate in its acceptance or rejection of applicants because of race, creed, gender, colour or national origin.
13. The Member acknowledges and understands that this Agreement shall not be binding on either party until the Company has accepted it at its Corporate Office.
14. If any provision of the Agreement is found to be invalid all other provisions and clauses shall remain in full force and effect.
15. Trademarks and other Intellectual Property of the Company
a) The Company uses trade names and trademarks to identify itself, its products, its sales and marketing programs, and to be distinguished from competing products and programs offered to the public. The Company, Miesence as well as other names, logos or trademarks, are proprietary to, and have great commercial value to, The Company. Whenever the names and/or marks are misused, the value and effectiveness of the name and/or mark is lessened. Consequently, The Company does everything it can to protect the integrity of the name or mark. For that reason, Representatives have a restricted license to use company names, logos or trademarks, in those materials generated by the Company for the perpetuation of its business pursuant to these Policies and Procedures. Any materials not generated by the Company must be approved by the Company before use in the public domain.
b) No Miessence Represenative may use any Company trademarks, including but not limited to the words ONEgroup, Miessence, MiEnviron, MiVitality, Orient or any derivative of these within their business name, email address, username or website address. Also the use of country names, towns or regions is not permitted as this may be misconstrued as the company’s international office. Representatives must change any name used that contravenes this clause.
c) Representatives must have prior written consent from the Company to use copyright and/or trademarked material, designs, logos, trade names, and or marks that are the property of the Company for materials not generated by the Company.
Delivery
1. ONEgroup attempts to ship all orders within 3 - 5 business days of receipt. Shipment confirmation notices, including order tracking details, are sent to all customers with a valid email address.
2. ONEgroup charges a maximum shipping fee of $9.95^ and a discounted shipped fee of $4.95^. For more information about our Discount and Shipping Structure please click here
^Shipping Cost is in local currencies in most Countries except United Kingdom. Shipping to the United Kingdom is £5.95 and £2.95
3. The courier services we utilies to ship our Customer Orders include but are not limited to:
Australia:
StarTrack - Including Australian PO Boxes
Fastway Couriers
Outside Australia:
UPS - Unfortunately, we cannot ship to international PO Boxes. APO or FPO address are accepted
4. If you have any issues with your delivery please contact us immediately via email to returns@miessence.com
5. For more information about our Returns/Refund Policy please click here
Promotions and Specials Terms and Conditions
1. Please read all promotion conditions and requirements carefully.
2. Promotions/Specials may be stopped or the promotional period my be reduced at any time without notice.
3. Promotional codes or promotional items cannot be exchanged for cash.
4. Promotional discounts cannot be used on joining fees, gift certificates or non-discountable promotional material.
5. All promotion start and finish date/times are Australian Eastern Standard Time (AEST) unless otherwise stated.
6. Only one promotion code can be used per order. If you wish to redeem more than one promotion, you will need to place more than one order.
7. Promotion codes must be entered at the time of ordering. It cannot be added after the order has been placed.
8. Promotional offers can only be used on online orders only.
9. Promotions are not applicable to Autoship orders
10. Products discounted at more than 50% discount do not accrue PV or BV
Miessence Gift Certificates Terms and Conditions
1. Please treat ONEgroup Gift Cards as cash. They cannot be replaced if lost or stolen. ONEgroup Gift Cards, once activated, may only be used for purchases of ONEgroup products through a registered ONEgroup website.
2. ONEgroup Gift Cards cannot be exchanged for cash. The funds available will be verified at the time of purchase. No change is given and any balance that remains on the ONEgroup Gift Card can only be used in whole or part against future purchases of ONEgroup products through our online website. ONEgroup Gift Cards expire 12 months from gift card issue date. Any balance that remains on the ONEgroup Gift Card after expiry will not be available for use.
3. Bonus Value and Personal Volume will not be accrued on the purchase of the gift card. It will not contribute to the purchaser's monthly Personal or Group Volume.
4. The retail value of the gift certificate will not contribute to the total of an order for determining purchasing discount thresholds.
5. Bonus Value and Personal Volume will be accrued at the time of redemption of the gift card and will be equivalent to the standard Bonus Value and Personal Volume for the products purchased.
6. If the person redeeming the gift card is currently a Customer of ONEgroup, the Bonus Value and Personal Volume will be calculated at the time of redemption of the gift card and paid up-line to the representative purchasing the gift card in accordance with the compensation plan. All subsequent Customer orders will be credited to the original representative sponsor.
7. If the person redeeming the gift card is a new customer of ONEgroup, the customer will be placed in the frontline of the original purchaser's tree. Bonus Value and Personal Volume will be calculated at the time of redemption of the gift card and paid in accordance with the compensation plan
8. Gift cards can only be purchased in the denominations listed on the website.
Creating a Representative Gift Certificate
1. Representatives can create a maximum of 50 Gift Certificates for new customers to use on their first order.
2. Can only be redeemed via the shop.
3. Additional 5% above normal order discount maximum 45% order discount.
4. Available to "NEW" customers only.
5. Full order returns or cancelled orders will forfeit the Gift Certificate discount.
6. Customer will be assigned a Sponsor based on the Representative who created the Gift Certificate.
7. Not applicable with any other promotion or special discount.
MiRewards
1. MiRewards is only available to Independent Representatives and Customers who are on Autoship. Representaives can register for Autoship during the join process. Customers must register after they have have placed their first order.
2. Mireward points are earned on each product purchase you make and can only be redeemed on Standard Miessence Products.
3. To redeem MiRewards points you must place an order online.
Select your items and add them to the shopping cart.
Proceed to the checkout. The Mireward leaf symbol will be displayed next to the products that can been purchased using MiRewards.
Simply click on this symbol.
Once you have redeemed your MiRewards points you can then continue through checkout as normal and finalise your order.*
*Representatives - you must check your final order to ensure you still have the minimum 75PV required before paying to ensure your account staus active and eligible to receive bonuses.
4. Redeemed products are free and therefore have no PV.
5. Points are awarded as soon as the order is placed. However, there is a 31 day clearing process from the date the order is shipped.
6. If you cancel Autoship, you MiReward points will be removed from your account 60 days from the Autoship cancellation date.
7. Products purchased with MiRewards remain subject to our standard returns policy.
8. Miessence Orient, Soap Guru and Ultrafoods items cannot be purchased using MiRewards
AutoShip
1. Autoship is only available to Independent Representatives and Customers.
2. All Autoship run dates and times are Australian Eastern Standard Time (AEST).
3. The monthly order will be send out on the 5th, 15th or the 25th* of each calendar month^ depending on the chosen run date.
*If the nominated date falls on a weekend or Public Holiday, Autoship will be processed on the next business dat. In the case of December, Autoship on the 25th is run early due to Christmas and the specific date is announce via multiple channels including our Facebook forum
^The definition of a calendar month is the 1 st day of the month to the last day of the month, i.e 1st March - 31st March (AEST)
4. The content of an Autoship may be changed in the MiAccount Are of the website up until 2 days before the Autoship order is due to be generated.
5. Changes to the delivery address for Autoship order must be made online in MiAccount.
6. ONEgroup must hold a valid credit card authorisation form for each member registered for Autoship. This can be submited online via the Autoship page in MiAccount or manually via this Credit Card Authorisation Form.
7. Invalid Credit Card Payments
Any Autoship order that cannot be charged due to credit card rejection will not be processed.
An email will be sent informing customers that the Autoship failed and the reason. Members are then responible for placing their own order online before the end of the month to meet your monthly PV requirements and you will be asked to update your credit card details.
Should three consecutive Autoship orders be retuened by request or cancelled due to invalid credit cards, or bank declining transactions, the member will be taken off Autoship.
8. Cancellations
Autoship may be cancelled at any time via the Autoship page in MiAccount or by emailing us at support@miessence.com
If you cancel Autoship and rejoin you will not receive the higher Autoship discounts until after a 30 day waiting period.
9. Returns
Members can return Autoship items within 30 days of date of invoice.
Miessence must authorise any returns by issuing a Return Authorisation Number (RAN)
All return requests must be directed to return@miessence.com
Returns must be received within 14 days from the RAN issue date togethers with proof of purchase and for security reasons the RAN must be displayed on the outside of the parcel within the Sender's address.
All freight costs are to be borne by the Member
Members can exchange returned items for products to the same dollar value or more, if a refund is requested a refund of 80% of the value of the order will be processed.
ONEgroup's Return and Replacmeent Policy can be found here.
10. AutoShip for Miessence Customers
AutoShip is perfect for Customers who enjoy regularly receiving Miessence products to the value of 75 Points (PV*)or more.
AutoShip can be set up to run monthly or bi-monthly (every other month).
11. AutoShip for Miessence Independent Representatives
AutoShip is designed to protect a Representative against missing out on bonuses.
Active Miessence Independent Representatives are required to place a minimum monthly 75 PV* order to claim bonuses.
Active Miessence Independent Representatives can choose an 140PV AutoShip to access greater discounts.
Representatives on a 75 Point AutoShip can bypass AutoShip by placing an order 75PV or greater during the calendar month, prior to when their AutoShip is set to run.
Representatives on a 140 Point AutoShip can bypass AutoShip by placing an order 140PV or greater during the calendar month, prior to when their AutoShip is set to run.
More Information please click the links below
Click here for - Understanding AutoShip for Representatives
Click here for - Understanding Autoship for Miessence Customers