VIP Client: Terms & Conditions

Access to and use of the Amway Web site and the products and services available through this Web Site are subject to the following terms of use. The words 'we', 'us' and 'Amway' means Amway of New Zealand of 6a Pacific Rise, Mt Wellington Auckland, 1060 New Zealand and the words 'you' and 'your' refer to users of this Web Site who may be Amway Independent Business Owners or VIP Clients.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE
You should read and familiarise yourself with these Terms of Use before you use this Amway Web Site. By using this Web Site, you expressly agree to these Terms of Use as they are amended from time to time and you acknowledge that you have read and understood them. You also agree that any information you provide to us will be true, accurate, current and complete and that you will maintain and properly update your personal profile as required by Amway.

You should always check this page prior to using the site to make sure that you have a current understanding of the Terms of Use. If you do not agree with these Terms, you must discontinue your use of this site.

GOVERNING LAW
This agreement is governed by the laws in force in New Zealand.

INTENDED USE
The material on this site is published by us and is intended for use in New Zealand. The site is not intended for use outside New Zealand. We make no claim that the information contained on this site is appropriate or may be downloaded legally outside New Zealand. If you access this Web Site from outside New Zealand, you do so at your own risk and you are responsible for compliance with the laws in your respective jurisdiction.

This site is a business and commercial site, it is not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this site. VIP Clients who seek to use this site must be 18 years and older.

DISCLAIMER AND LIMITATION OF LIABILITY
The information, materials and services contained on this site are provided to you "as is," and "as available". By provision of the site and the information, materials and services contained herein we do not provide professional advice or services. All tips and hints, suggestions and references to 'remedies' should not be relied upon without reservation; you should not act on the basis of anything contained on this Web Site without first obtaining specific professional advice.

We do not warrant or guarantee the accuracy, adequacy or completeness of this information and materials, and expressly disclaim liability for any errors and/or omissions in this information and materials. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representations regarding the security of accounts, or that this site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with (1) use of this site, or the inability to use this site by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

INTELLECTUAL PROPERTY
Copyright in Material on this Site
Unless otherwise indicated, all Web Site design, text and graphics is © Copyright 2016 Amway of New Zealand. All rights reserved. None of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purpose unless such use is expressly permitted by Amway or by applicable copyright laws.

To the extent necessary in order to lawfully access and use the services available on this Web Site, you are granted permission to display, download, save and to print portions of this web site for non- commercial use only provided that the materials are not modified and any reproduction contains all copyright and other proprietary notices contained in the materials.

Trade Marks
All trade names, brand names, trade symbols, logos, slogans, trade marks or services marks followed with an asterisk are trade marks or proprietary interests of Amway Corporation, Ada, Michigan, USA. There are other trade names, brand names, trade symbols, logos, slogans, trade marks or service marks indicated on the Amway Web Site that are the property of their respective owners.

LINKS
This Amway Web Site may contain a number of links to other Internet Sites including, without limitation, Partner Stores sites, IBO Support System or other affiliated sites, and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through those Web Sites. By utilising the links, you acknowledge and agree that we are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by use of, or reliance on, linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

YOUR CONDUCT ON THE SITE

You must not:
(a) use the Amway VIP Client website in breach of any applicable laws or regulations;

(b) use the Amway VIP Client website:

  • to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
  • to impersonate any person or entity; (including using Amway trademarks, trade names, images, logos or designs as part of a display name or profile photo)
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose;

(c) use the Amway VIP Client website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

  • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • exploits another person in any manner;
  • contains nudity, excessive violence, or sexual acts or references;
  • includes an image or personal information of another person or persons unless you have their consent;
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content;
  • contains restricted or password only access pages, or hidden content;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • advertises, promotes or solicits any goods or services or commercial activities except where expressly permitted or authorised by us;
  • contains financial, legal, medical or other professional advice except where expressly permitted or authorised by us;
  • contains content relating to the Amway Business Opportunity (such as sponsorship, income, Lines of Sponsorship, etc) or Amway business terminology (such as GIP, SIP, BSM, BDS, Network 21 or IDA etc); or
  • contains Amway trademarks, trade names, or logos except where expressly permitted and authorised by us.

(d) interfere with, disrupt, or create an undue burden on the Amway VIP Client website;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Amway VIP Client website;

(f) use the Amway VIP Client website with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of the Amway VIP Client website without our prior written authorisation;

(h) use code or other devices containing any reference to the Amway VIP Client website to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Amway VIP Client website or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the Amway VIP Client website.

Your Material
By uploading, transmitting, posting or otherwise making available any Material via the Amway VIP Client website, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of the Amway VIP Client website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to these Conditions;

(c) warrant that you have the right to grant the abovementioned licences;

(d) warrant that the Material does not breach these Conditions; and

(e) unconditionally waive all Moral Rights (as defined by the Copyright Act 1994) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of the Amway VIP Client website, and store or disclose any information that we collect, including in order to investigate compliance with these Conditions or for the purposes of any police investigation or governmental request.

Amway is not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Amway VIP Client website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Amway VIP Client website simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

DISPUTE RESOLUTION
Any VIP Client dispute arising in connection with these Terms of Use or in connection with your use of the Amway Web Site which cannot be resolved by good faith negotiations between us shall be referred to mediation or to arbitration by agreement between us.

GUARANTEE AND WARRANTIES
There are a number of voluntary warranties and guarantees that apply to products you purchase through this Web Site. In particular this includes our 90-day satisfaction guarantee. All warranties exclude defects caused by damage or misuse after receipt.

100% 90 Day Satisfaction Guarantee
Any time you purchase a product through this amway.co.nz Web Site, you have the right to use it for a reasonable time (90 days) to determine whether it is satisfactory and whether you want to keep it. If you decide that it is not satisfactory, you may return your purchase, or the unused portion, to us. You will be offered a choice of replacement without charge, full credit towards the purchase of another product or a refund of your full purchase price.

Exclusions: This guarantee does not apply to goods or serviced purchased from Partner Stores or through other linked sites; Vendor Direct products; products that have been damaged or misused after receipt; products that have been made and delivered to customer order; or to any Services.

Additional Warranties
In addition to Amway’s 100 Day Satisfaction Guarantee, some products may also be covered by additional specific written warranties including the following. As with all Amway distributed products the 100 Day Guarantee and this additional warranty period commences when you purchase the product from Amway of New Zealand.

  • Amway One Year Warranty
    AMWAY warrants new mechanical devices/appliances for a period of one year from the date of original purchase. If any mechanical device/appliance purchased should become defective during the warranty period, AMWAY will, with proof of purchase and at its discretion, repair, replace or issue a refund for the defective device.
  • Statutory or Implied Warranties
    Amway’s 90 Day Satisfaction Guarantee and full one year warranty and the additional warranties referred to above provide additional rights to those statutory or implied warranties available under New Zealand consumer protection legislation.

PRODUCT AVAILABILITY
We sometimes experience greater demand for an item than expected or an unforseen delay in the shipment of goods. In the event of a delay you will be advised at the time of order placement or as soon as possible thereafter.

PAYMENT
Payment may be made by credit card. You are responsible for providing a valid credit card number with available credit at the time of purchase. Through your use of a credit card, you represent and warrant that you have authority to use any such credit card.

If you do not have, nor wish to use, a credit card, you should speak with your referring IBO who may register and place orders on your behalf.

You are responsible for payment of delivery costs. These additional charges will be included on your order invoice.

DELIVERY

The products you purchase on the Amway Web Site will be dispatched to your nominated address via a safe, reliable and efficient service, delivering to all areas within New Zealand.

Delivery Orders will be picked up and despatched from the warehouse on the following working day. Delivery will be within 5 working days from despatch.

Delivery Fees*:
Scheduled Order Delivery $6.95
Website Order $7.95
Phone Order $8.95
Fax Order $8.95
Business Centre Pick Up Orders $4.95

*Delivery charges are correct at the time of printing but may be subject to change without notice.

Pick Ups
Where IBOs call through on Friday before 12.00pm requesting a pick-up order, the pick-up order will be ready on Saturday. Orders placed after 12.00pm will not be ready until the following Tuesday.

If you pay for your order by direct debit, the money will be taken out of your account 3 working days after the pick-up date. Payment method cannot be changed once the order has been processed.

All pick-up orders will be held for 3 working days. If the order is not collected within 3 days, the order will be cancelled and treated as a return.

Post Haste
Post Haste is the primary provider of courier services to Amway of New Zealand. The Home Delivery Service is generally door to door. However in some rural areas and some "unusual addresses" this may not be practical. If you believe you may fall into this category or you have experienced difficulties previously with courier services, please discuss with either Customer Services on 0800 106 828 or your nearest Post Haste Branch Manager prior to commencing with deliveries.

If you chose not to allow Post Haste to leave the product, they will leave a ticket and you will need to either collect the product up or arrange to have it re delivered at your cost.

Authority To Leave Form
You will be asked to complete an ATL form and pass it on to your nearest Post Haste branch. Post Haste's normal policy is that no product is left unless a signature is obtained. This authorisation form allows Post Haste to leave the product in a pre-agreed location at your home whether you are there or not. As the form indemnifies Post Haste against damage or loss, it is important to ensure that you nominate a drop off point that is secure and protected against the elements. If the product is damaged or stolen from the place you nominated you will be liable and will need to make a claim against your general household insurance policy.

PRODUCT RETURNS
To exchange a product in accordance with the relevant guarantees and warranties please ensure that you have information from the invoice packing slip that accompanied the product.

To exchange or replace a product:
Simply call the Regional Contact Centre on 0800 611 611.

To return a product for credit:
Please call the Contact Centre on 0800 611 611. Have your IBO number and original order number ready when you call. Advise the operator if your return is to include broken glass, dangerous goods or spilt food substances.

VIP Clients are responsible for returning products to Amway at their own cost.

Please contact your local Post Haste depot to arrange for pickup.

Amway of New Zealand will not pay freight or handling for returns other than described above.

The following applies for Amway product returns:

  • If the box being returned contains dangerous goods then a dangerous goods sticker must be attached to the outside of the box.
  • Do not send aerosol, flammable or broken items by post. Please do not pay postage on these items.
  • If more than 1 package is over 15kg please call the Regional Contact Centre on 0800 611 611 for assistance.
  • Amway cannot pay freight or handling for products which have been returned other than in the manner prescribed above.
  • Amway will not refund or exchange part packs.
  • Removal of packaging constitutes use.
  • If a client seeks to return a product outside of 100 days, the ultimate decision to accept or reject will take account of circumstances of the purchase.
  • For any product returns after 3 months from date of purchase, which have not been accepted, the products will be returned to the consumer.
  • Due to the "use by date" on all food products, returns will not be accepted on food over 100 days from date of purchase.
  • The acceptance of any product returns between 90 days and 12 months from date of purchase will be at the National Sales Manager's discretion and 5% freight and a 5% handling fee will be automatically charged.

Any return over 12 months from date of purchase wi