Credit Terms & Conditions
- Payment/Non Payment: All payments under deferred payment arrangements must be paid on or before the due date. Any default on a payment will represent a breach of the Rules of Conduct and of the deferred payment agreement. In case of default all deferred payments will become immediately due and payable and a debtor’s capacity to trade with Amway may be suspended.
- Misrepresentation/Nondisclosure: Any misrepresentation or nondisclosure in an application for terms payment arrangements will render the application void and the full amount payable.
- Cancellation/Returns/Refunds: Any cancellation or return of product other than for exchange or quality purposes will be subject to deduction of 5% freight and 5% handling charges, recovery of Rebates or other commission payments and rework of PV/BV through the line of sponsorship.
- Credit Reference Enquiry: You agree that Amway may obtain a credit report about you from a credit reporting agency to assess your application for commercial credit under this instalment plan.
- Debt Recovery Cost: In any case of default Amway reserves the right to recover any reasonable costs incurred in recovering the debt from you.
- Credit Card Expiry: If you have undertaken to pay terms instalments by credit card Amway will endeavour to contact you prior to expiry of the card, however, it is your responsibility to ensure that your credit card remains current and available during the period of instalment deductions.
- Notification of Default: Given that any non payment or return of product will have an effect within the line of sponsorship Amway reserves the right to notify your Upline that a default has occurred, the amount of the default and that PV/BV will be deducted from the line of sponsorship.
- Future Purchases: An indebted IBO who is in default may not be permitted to place orders or to pay by credit card unless the full amount outstanding is paid; any payments to Amway by an indebted IBO may be applied at Amway's discretion against any outstanding debt.
- Bonus Payments: Amway reserves the right to apply any bonus payments or returned merchandise credits directly against any outstanding indebtedness.
- Future Recovery Action: Should indebtedness not be cleared Amway may refer the matter to a Collection Agency for recovery action. The indebted IBO may be liable for any costs associated with recovery.
- Consequences of Default: At its discretion Amway reserves the right to withhold qualification for incentive payments, invitations to events and seminars and to revoke IBO qualifications.
FAQs - Rules/Legal
- I have just signed up as an Independent Business Owner (‘IBO’). Am I obligated to do anything?
No. As an IBO, you are an independent contractor. Provided you comply with the Amway IBO Rules of Conduct, there is no obligation for you to buy product, sell product or build a business.
IBOs are under no obligation to perform any specified amount of hours in their business, to sponsor IBOs, or to attend any Amway meetings or functions. For further information, refer to rule 3.15 of the Rules of Conduct for IBOs.
- I’m in New Zealand on a visa. Can I become an IBO?
If you are not an New Zealand citizen, your ability to become an New Zealand IBO depends on your visa requirements. You are personally responsible for complying with the terms of your Visa.
Along with the requirements of being an IBO, any applicant who holds a visa must have no work restrictions.
You will also need to have an New Zealand bank account and you must appoint a manager (who is an IBO) to manage your business if you move back overseas. This is done with an Amway Management Agreement.
For more information, refer to rule 3.3.14 in our Rules of Conduct for IBOs.
- We are IB partners and are separating. What can we do?
There are several options available.
1. If it is possible, both of you can remain on the same business and continue building it with the support of your upline;
2. One partner can resign from the business completely; or
3. One partner can resign from the business and sign up as an individual IBO. All changes to the business must be agreed upon by both partners, and be submitted in writing to Amway for approval.
For more information, refer to rule 6.17 in our Rules of Conduct for IBOs.
- I don’t like my Line of Sponsorship (LOS). Can I change?
You can, but the Rules of Conduct place restrictions on when you can resign from one LOS and join another. You must resign from the business – by notifying Amway in writing – and become completely inactive for 6 months before rejoining the business again as a new IBO. For further information, refer to rule 6.3 of the Rules of Conduct for IBOs.
- I am not getting any support from my upline/my upline is inactive, what should I do?
If your direct upline sponsor has become inactive, or is unsupportive, you always have the option of contacting the next active upline, up to and including your Platinum. Alternatively, you may also be able to seek assistance from your upline Emerald or Diamond.
If you are not able to resolve an issue within your upline, contact Amway and speak to your States Sales Manager for additional support.
- Booth & Events explained.
With express and explicit permission, Amway will at times allow the promotion or sale of selected products at selected events. All IBOs have the opportunity to apply for the authorisation to host a booth within the established guidelines.
It is important to note that this does not mean Amway products can be sold in retail stores. Penalties will apply for not following the IBO Rules of Conduct set out by Amway.
For more information, visit our Booth & Events page.
For further information, refer to Rule 4.4 of the Rules of Conduct for IBOs
The Rules of Conduct
WHY DO WE HAVE A RULES OF CONDUCT?
The AMWAY Rules of Conduct set out the principal terms of the contract between AMWAY and its IBOs including the way that IBOs may represent AMWAY and the AMWAY business. Of necessity, these Rules are detailed. To a certain extent they restate the requirements of Federal and State consumer protection legislation in the context of the AMWAY business.
WHY ARE THE RULES OF CONDUCT IMPORTANT?
Amway prides itself on being an equal opportunity business. These rules allow everyone the same opportunities.
The Rules protect your business, your line of sponsorship, your dreams and aspirations. The Rules of Conduct are the same for all IBOs.
A good example is the way the Rules are applied to advertising. Whether print, online, social media or publicity through retail establishments, all IBOs build their businesses with the same fundamental tools. It is a level playing field.
Telemarketing And The Do Not Call Register
WHAT IS TELEMARKETING?
Under the Fair Trading Act 1986 (NZ) door-to-door and telemarketing are called ‘uninvited direct sales’.
An uninvited direct sale is when a business or their agent approaches a consumer uninvited to either their home, workplace or over the phone to try to sell goods or services and an agreement is entered in to for either more than $100 or at a price that is uncertain at the time of supply.
The Telemarketing Code of Practice (NZ) defines telemarketing as an unsolicited voice call placed for the commercial purpose of generating business or enhancing relationships.
As an AMWAY Independent Business Owner (‘IBO’) you should be aware that placing a call to a prospect or prospective client where you have no existing relationship is considered telemarketing.
WHAT HOURS AM I PERMITTED TO CALL POTENTIAL PROSPECTS AND CLIENTS?
Under the Telemarketing Code of Practice (NZ) a telemarketer can only call between specified times.
Failure to adhere to these times may result in severe penalties, including fines of up to $30,000 for businesses and $10,000 for individuals.
Calls cannot be made at all on public holidays or Sundays, or outside the hours of 8:00am – 9:00pm on weekdays and Saturdays.
For more information, please visit the New Zealand Marketing Association website atwww.marketing.org.nz/Resources/Regulatory.
IS INTRODUCING THE AMWAY BUSINESS OPPORTUNITY TO A POTENTIAL PROSPECT OVER THE PHONE CONSIDERED TELEMARKETING?
Yes. Under the Do Not Call Register Act 2006 (Cth) (‘the Act’) a phone call or fax offering any sort of business opportunity is considered telemarketing.
Placing a call where you have already established permission with the intended prospect to discuss the business opportunity is not considered telemarketing.
IS REQUESTING THE POTENTIAL PROSPECT OR CLIENT TO ATTEND AN AMWAY RELATED INFORMATION SEMINAR CONSIDERED TELEMARKETING?
Yes. Any call placed to a potential prospect or client that they attend an Amway or an affiliated related meeting is considered telemarketing.
Placing a call where you have already established permission with the intended prospect or client to discuss an invitation to an Amway related seminar is not considered telemarketing.
IS OFFERING THE SALE OF AMWAY PRODUCTS TO PROSPECTIVE CLIENTS CONSIDERED TELEMARKETING?
Again, yes. Any phone call or fax sent offering the sale of a good or service to a prospective client is considered telemarketing.
Placing a call where you have already established permission to discuss with the intended client the retail of Amway products is not considered telemarketing.
WHAT IS THE DO NOT CALL REGISTER?
The Do Not Call Register allows a person to register their telephone and/or fax number if they do not wish to receive unsolicited telemarketing calls or faxes. Some Australian emergency services and Government telephone numbers can also register their numbers. The Register was established by the Australian Government under the Do Not Call Register Act 2006.
As an IBO, you should be aware that unless you have the express consent of the person you wish to contact, or inferred consent based on an existing business relationship, calling or sending a fax to a number that has been placed on the Register is an offence. At law, severe penalties can apply for any breaches.
ARE THERE CERTAIN ORGANISATIONS OR PEOPLE STILL ALLOWED TO CONTACT NUMBERS PLACED ON THE REGISTER?
Yes, but please be aware that IBOs are not part of this exception. The exemption applies only to certain public interest organisations, such as registered charities, educational institutions and government bodies and candidates.
HOW DOES A PERSON REGISTER THEIR PHONE OR FAX NUMBER?
There are three ways to register a number.
- By registering the number online at www.marketing.org.nz/Services/Do_Not_Call; or
- By email at email@example.com
- By mail by sending your full name, address and telephone number to the following address:
“Do Not Call Register”
PO Box 47681
*DISCLAIMER: It is important that all IBOs understand that as Independent Contractors they have a direct responsibility for compliance with the laws relating to their interaction with members of the public. Please contact the Marketing Association if you have any queries with regard to the application of the Do Not Call Register.
The New Zealand privacy laws contain 12 Information Privacy Principles (IPPs) that require how personal information is to be collected and used. This also includes people’s rights to access their information and request that any errors are corrected. As an Amway Independent Business Owner (IBO), it is important that you are up to date on the current New Zealand privacy laws.
WHAT ARE THE AUSTRALIAN PRIVACY PRINCIPLES?
There are twelve Principles found in the Privacy Act 1993 (NZ) (‘the Act’). These principles apply to government agencies, local councils, businesses and individuals. There are some exceptions, but please bear in mind that an AMWAY Independent Business Owner (‘IBO’) is NOT one of them.
These principles cover, but are not strictly limited to, rules that regulate;
- How personal information is collected;
- Why personal information is collected;
- How this information is managed and used;
- Ensuring that the personal information remains secure;
- The rights for individuals to access their personal information; and
- Using personal information for the purposes of direct marketing.
WHAT IS PERSONAL INFORMATION?
‘Personal Information’ can be classified as any information or opinion that identifies, or reasonably identifies, an individual. This includes, but is not limited to, a name, address, date of birth, telephone number, medical insurance and bank details, and opinions.
‘Sensitive information’ is a branch of personal information that carries stricter guidelines. This is classified as information or an opinion that includes, but is not limited to, an individual’s racial background, religious beliefs, ethnicity, political opinions, health information, sexual preferences and criminal records.
WHAT ARE THE REQUIREMENTS OF THE NEW ZEALAND PRIVACY LAWS?
WHAT CAN OR CAN’T I DO WITH THE PERSONAL INFORMATION I HAVE ACQUIRED?
There are a number of important requirements imposed by the APPs, including, but not limited to, that an organisation:
- limay only collect Personal Information if it is necessary for a lawful purpose connected to the function of the business (Principle 1);
- may only collect information directly from the individual in a lawful manner (Principle 2 & 4);
- make available to the information to the individual upon request and any errors noticed must be corrected (Principle 6 & 7);
- must ensure that any information collected is held in a safe and secure manner. If Personal Information is no longer needed, it must be destroyed (Principle 5);
- may not disclose the information with the exception of certain circumstances, such as for the purpose the information was originally collected, where the source of the information if a publicly available publication, or where the individual authorises for the information to be disclosed (Principle 11); and
- must take reasonable steps to ensure that the Personal Information they collect, use or disclose is accurate, complete and up to date (Principle 9).
IS MY AMWAY INDEPENDENT BUSINESS SUBJECT TO THE AUSTRALIAN PRIVACY PRINCIPLES?
Generally speaking, yes. Your business is subject to the IPPs if it directly collects and/or trades personal information. If you collect and/or disclose an individual’s personal information for a primary business purpose, then you are subject to the IPPs. Under New Zealand law, this includes information collected for invoicing purposes, or name and address to ship products to.
If your business does fall under the jurisdiction of the IPPs, you must follow the legal requirements on how the personal information is handled. This does not mean that you cannot collect personal information for your business needs.
CAN I USE CERTAIN PERSONAL INFORMATION TO BUILD A RELATIONSHIP WITH A POTENTIAL PROSPECT OR CLIENT?
Yes, but there are restrictions. Under Principles 1 - 4 of the IPPs, you must ensure that you are upfront and lawful with how you collect your prospect’s information. You cannot trick them into giving you any personal information. If you choose to use that information for another purpose, you must seek the prospect’s permission first.
At all times, you must ensure an individual consents to your use of their information.
THE NEW ZEALAND PRIVACY PRINCIPLES AND DIRECT MARKETING.
While the Act does not provide any specific regulations regarding direct marketing and privacy, the IPPs will still apply to any direct marketing activities. For example, there is a general blanket rule that any personal or sensitive information collected for a primary purpose cannot then be used for direct marketing purposes.
However, there are some exceptions provided in Principle 10 concerning the use of personal information collected directly from an individual. These include, but are not limited to, using personal information if it is publicly available information, for the enforcement of the law, or if the information is used in a way that does not in any way disclose the identity of the individual.
If a prospect requests to see the information you have available about them, you must comply and present all information directly regarding them.
It is important to remember that contacting a prospect where you have no existing relationship means you are also subject to the telemarketing laws and regulations. Please see our ‘Telemarketing and Do Not Call Register’ guide for more information.
WHAT PENALTIES APPLY FOR SERIOUS BREACHES AND MISUSE OF PERSONAL INFORMATION?
The New Zealand Privacy Commissioner cannot seek fines or prosecute offenders for any breaches. However, the Privacy Act thoroughly investigates the issues and aims for the parties settle the dispute between them. While the outcomes of the investigations are not legally binding, they are still to be taken seriously.
WHAT CAN I DO IF SOMEONE HAS MISUSED MY PERSONAL INFORMATION?
If the small business in breach is covered under the Privacy Act, a complaint can be made to the Office of the New Zealand Privacy Commission.
There are three ways to make a complaint:
- Download a complaint form from www.privacy.org.nz and submit it;
- Online at https://privacy.org.nz/about-us/contact/enquiry-form/; or
- By telephone on 04 474 7595; or
- By mail to the following address:
PO Box 10094
- Write your complaint directly to the above postal or email address; or
- Via the privacy enquires line on 0800 803 909.
For more information, please visit the Privacy Commission website at www.privacy.org.nz.www.privacy.org.nz.
For more information, please visit the websites below.
- The New Zealand Privacy Principles: web.archive.org/web/20100513055943/http://privacy.org.nz/a-thumbnail-sketch-of-the-privacy-principles/
- The New Zealand Privacy Commissioner FAQs: privacy.org.nz/your-rights/frequently-asked-questions/#make
*DISCLAIMER: The information contained in this article is not comprehensive and is only a summary of the important provisions concerning privacy. More detailed information can be found at the Office of the New Zealand Office of the Privacy Commissioner’s website located at www.privacy.org.nz. Alternatively, please consult your legal practitioner or the Amway Legal Department regarding the privacy requirements for your Independent Business.
Confidentiality and the Business Protection Rule
Confidential information is information that is not in the public domain and is secret or relatively secret. The law relating to breach of confidence protects against unauthorised use and disclosure of confidential information. Interests may also be safeguarded by contractual provisions.
HOW DOES THIS AFFECT MY BUSINESS?
AMWAY's Rules of Conduct, which set out the principal terms of the contract between AMWAY and its IBOs, deal comprehensively with the protection of company's intellectual property. The Rules define Amway's 'Confidential Information' to include:
All trade secrets, LOS Information (as defined below), lists, databases or other compilations of persons who were, are or become IBOs, know-how, product formulas and specifications, business planning materials, business development plans, business specifications and data, financial information, projections, forecasts, marketing plans and strategies, records, reports, graphs, drawings, market studies, research and development data, distribution methods and processes, organisational structures, customer lists, supplier information, identity of Amway's intellectual property, business procedures and techniques, studies, test results, and all other non-public or proprietary business or technical information (all of the foregoing in any form or medium; e.g., tangible, intangible, printed, electronic), owned or used by Amway.
Rule 4.29 of the Rules of Conduct for IBOs requires IBOs to keep Amway's Confidential Information 'secret and confidential' and not use or attempt to use it directly or indirectly for their own advantage in a manner which may cause actual or potential loss to the company or to other IBOs. IBOs are also obliged to take reasonable precautions to maintain the integrity of the Confidential Information.
The provisions safeguard Amway's confidential data bases from unauthorised use and disclosure in terms of generally prohibiting IBOs from promoting non Amway businesses or services to all but personally sponsored IBOs (except in very limited circumstances) these general provisions protect the Amway business in general as well as the relevant line of sponsorship.
Digital Communication Standards
LINK TO COME
WHAT IS ELECTRONIC COMMERCE?
As an AMWAY Independent Business Owner (IBO) you may find yourself engaging in ‘electronic commerce’. Electronic commerce, also known as e-commerce, is the purchase and retailing of goods and services over an electronic platform. This is most commonly done via the internet.
Although IBOs are prohibited from retailing AMWAY products and/or services in online retail environments such as eBay and Gumtree, the IBO may make a point of sale through a private and personalised website or social media site (please see the ‘Using the Web and Social Media’ and ‘Unauthorised Sales’ guides for more information).
AM I LEGALLY BOUND WHEN I MAKE A SALE OR PURCHASE ONLINE?
Whether you realise it or not, making a sale or purchase over the internet means you are entering into an enforceable and binding contract with the other party. There are strict conditions on who you can enter into this type of agreement with, such as the other party must be at least 18 years of age and of sound mind.
While there is no general requirement for contracts to be written (except contracts dealing with land), it is always best to have a written and signed agreement in order to avoid potential problems. For example, in circumstances where one party disputes a particular term of an unwritten contract, it can often be problematic in proving the details of what was agreed to by both parties.
The Electronic Transactions Act 2002 (NZ) (ETA) enables a person, generally speaking, to rely on electronic communications across any technology in the same way that a person would rely on paper-based transactions. The ETA also provides a way of satisfying a number of legal contractual obligations, including the requirement to; provide a signature; produce information to a person; record information; provide written information; and retain information.
It is important whenever you make a sale or purchase of goods over the internet that you retain all the relevant documents and comply with the applicable law. It is up to you, as the business owner, to ensure that you understand what is required of you as per your relevant jurisdiction and that you comply with all State and Commonwealth laws.
If in doubt, contact Amway™ Legal Department on 08000 611 611 or send an email to ANZ-Legal&Rules@amway.com.
*DISCLAIMER: he information contained in this article is not comprehensive and is only a summary of the important provisions concerning e-commerce transactions. More detailed information can be found at the New Zealand Ministry of Business, Innovation and Employment website located at www.mbie.govt.nz/info-services/sectors-industries/technology-communications/communications/e-commerce. Alternatively, please consult your legal practitioner regarding the e-commerce requirements for your Independent Business.
Amway’s Independent Business Owner’s Intellectual Property Guide
What is Intellectual Property?
Intellectual Property (‘IP’) is a term used to describe intangible property resulting from creativity. IP is a broad term that includes things such as copyrights, trademarks, software, inventions, patents, trade secrets and designs.
IP plays a role in your Amway business. You may be able to copyright your own material, or
register for trademarks to protect your brand. There are a number of types of IP:
- Copyright: The protections of a person’s original work such as music, videos, books, photographs, drawings etc.
- Trademarks: This is a symbol used to identify and protect a unique brand name or logo.
- Patents: A patent protects how an invention works or functions. At the time of writing, Amway has 1000 patents with 700 pending worldwide.
- Designs: This does not protect the way an invention works, but protects the visual appearance.
Although Intellectual Property covers a wide range of matters, this document will focus on Copyright and Trademarks, being the two areas of IP that relate most to your Amway business.
What is Copyright?
Copyright is the protection given to a person’s original work. It is the right given to the owner of the original works to use such work exclusively. For example; a genre of music is not protected, but the creation of an original musical melody within that genre is protected. This ‘original expression’ is determined by an originality test, where it is assessed if the author of the work put some skill and labour into the creation, and did not copy off someone else.
Copyright covers many types of material and works such as:
- Music, audio broadcasts and sound recordings;
- Videos and films;
- Print material and literary work including magazines, books, and newspapers;
- Photographs and other images, drawings, paintings or maps;
- Originally created databases; and
- Computer programmes.
What does the law say?
Copyright issues can be very serious. The law says that you cannot use copyrighted material without the copyright owner’s permission. Permission may be in the form of express consent from the owner, or a licence or permission provided through the relevant authorities dealing with that material. A copyright breach may result if you use material without permission or a licence.
For information as to the appropriate music licensing authorities, see below.
A breach will occur when an individual uses a ‘substantial’ part of the original work. This refers to quality and not quantity. What is looked at is whether they have used an important, distinctive or essential part of the copyright material.
In order to be compliant with the law and to protect your Amway business, it is important that you always seek permission to use someone else’s work.
Note that a breach can also happen indirectly. For example, if you sell, distribute, or import any item containing copyrighted materials, or authorise any infringement.
Music copyright is an important legal issue. For the protection of your businesses, and Amway, it is important to ensure that you have permission and the appropriate licences for any music played during an event and/or reproduced within a Business Support Material (BSM).
To help guide you with your music use, AMWAY has provided a Music Copyright Guide linked below. This Guide provides useful information for the ANZ market, as well as other AMWAY markets, and can answer FAQs you may have about copyrighted music.
Obtaining a licence to use music.
To use music with your business, a licence is required. Such a licence will cover the rights of the songwriter, composer and music publisher who made and own the piece of music you want to use. It is possible to obtain a licence through the relevant authorities which will give you permission to use a specific song or musical item for your Amway business.
Within Australia and New Zealand, the relevant authority is APRA AMCOS – the Australasian Performing Rights Association (APRA) and the Australasian Mechanical Copyright Owners’ Society (AMCOS).
APRA AMCOS can assist you in obtaining the correct licences for your business. It is a good idea to contact them directly to discuss your options at www.apraamcos.com.au or (02) 9935 7900.
What does this mean for my Amway business?
Within your business, copyright is an important thing to keep in mind. You should ask yourself the following important questions within your business.
- When you are using music or a live band at an event: do you have a licence to use thatmusic?
- When you are putting music to a video and posting it online: do you have a licence touse that music in that video?
- When you are printing a brochure with images in it: do you have permission to use those images? If they are models, have those individuals consented?
- When you are presenting a speech and you quote a book: do you have permission from the author to use that quote?
Business Support Materials (‘BSMs’):
When creating flyers, brochures, posters, or any other creative material to give you LOS or prospects, make sure that you have permission to use any images or quotes that are not your own.
Using Quotes & Extracts:
The main point to remember in literary works is that infringement occurs when a ‘substantial part’ of the work has been used. This does not have to be a large part of the work, just any part that is ‘important, essential, or distinctive’.
You may find yourself quoting from a book or reading an extract from literary work in your own presentations or on training audios. If you do so, you must stop and consider if you could be in breach of copyright. The best thing to do is seel permission from the author. Simply acknowledging the source is not a valid replacement for permission.
INTELLECTUAL PROPERTY BEST PRACTICES
The following Best Practices are intended to guide your creation and use of materials and the conduct of meetings and events in connection with your Amway business in a manner that will help you avoid infringement of intellectual property rights and also to help ensure your compliance with the applicable Rules of Conduct.
Please note, these best practices do not cover all rights and limitations relevant to your use of intellectual property materials. If you have any specific questions concerning use of copyrighted materials in connection with your Amway independent business, please consult your lawyer.
Within your business and BSMs
Quotes Unless you have explicit permission from the creator or owner of the works, you cannot use any quotes or extracts that are not your own.
Music As above, you will need permission from the creator, or the owner, of the music before using it for your Amway business. This includes using any part of the song in any way. Such permission is usually in the form of a licence.
Images You are entitled to use any images that are your own. If you wish to use any Amway images, you will need to ask for permission from Amway beforehand. Unless you have explicit permission from the creator or owner of the works, you cannot use any images that are not your own.
Photos If you have taken a photo or video of individuals and you wish to use that photo, you will need to get their express consent to do so. Such consent should always be in writing.
- DO know your IP rights within your business. IP is a powerful tool when used correctly!
- DO seek permission for any images, designs, quotes, videos, or music used that are not your own. You must seek permission from the owner before posting it to your site or
using it in your Business Support Materials. Penalties for not complying with the law could be severe.
- DO seek permission from us if you want to use any of Amway’s registered images, videos or trademarks. To ask permission, send Amway a simple email with your request to ANZ-Legal&Rules@amway.com.
- DO perform a thorough online search if you wish to register your trademarked business name. Failure to do so runs the risk of a possible trademark infringement.
- DO have signs and reminders at events for attendees not to record (audio or video) any meeting without prior written authorisation. This will help reduce the risk of any
copyright infringement. It’s also a good idea tp provide a reminder printed on the meeting ticket or flyer.
- DON’T use any Amway names or registered trademarks when naming your website. For example, don’t name your page “John’s Nutriway Store”.
- DON’T use any third party names or registered trademarks when naming your site.
- DON’T use any quote or extract from any work unless you have permission from the owner to do so. Simply acknowledging the source is not a valid replacement for
- DON’T closely paraphrase another person’s work. Paraphrasing can be considered infringement if the structure or order of the original work is closely followed.
- DON’T use music for your business without first obtaining the appropriate licences.
- DON’T pass off Amway’s trademarks, or any third party marks, as your own. This can create significant liability for you and your business.
Want more information?
- Call the Amway legal department on (02) 9854 8251.
- Visit the following helpful websites:
o APRA AMCOS Licences: http://apraamcos.co.nz/
o New Zealand Intellectual Property Office: https://www.iponz.govt.nz/
- Speak to an Intellectual Property lawyer.
Advertising Vitamins and Supplements
There are new government regulations for promoting and selling vitamins and supplements which may impact you if you sell or promote NUTRIWAY® and XS™ Nutrition products. IBOs cannot share their personal stories, experiences or promote their own use of vitamins and supplements.
These new advertising regulations impact all vitamins and supplements in tablet and capsule form in the NUTRIWAY and XS range listed with the Therapeutic Goods Administration in Australia. IBOs are required to comply with all government regulations and laws under our IBO Rules of Conduct. A failure to comply with government regulations can result in prosecution by government authorities against an individual IBO and termination of their Amway business.
- IBOs cannot share their personal stories, or experiences of their own use of these vitamins and supplements; but
- IBOs can promote vitamins and supplements listed on this page with Amway’s approved product claims as found on the Amway website or catalogue; and
- IBOs need to be careful when referring to product kits or packs instead of specific NUTRIWAY or XS products within them. Only approved claims may be shared; and
- IBOs can share stories or experiences from customers (not IBOs) that have agreed to provide statements to share that are accurate and consistent with Amway’s approved product claims; and
- IBOs can share Amway’s approved product materials with prospects and customers. For example, sharing a YouTube Double X Video uploaded by Amway is allowed.
We have created training materials to explain the new regulations and assist you to comply. To access training materials, CLICK HERE. We highly encourage you to complete this training and comply with these regulations. We will also strongly encourage compliance through website notifications, face-to-face training and product information and updates.
NUTRIWAY and XS products classified as food items, or any other Amway brands are not impacted by these changes. For more information on what claims can be used, please refer to the Product Sell Sheets and Product Brochures that can be found on our HEALTH DOWNLOADS Page.
For a full list of NUTRIWAY and XS products impacted by these changes, please click the link below to access the PDF.
Please email ANZ-Legal&Rules@amway.com if you have any questions or concerns regarding these changes.
AMWAY MUSIC LIBRARY - USER AGREEMENT
Effective as of 23 December 2019
This is a legal agreement between you and Amway of Australia and Amway of New Zealand (“Amway”, “us”, “we”, or “our”) regarding your use of the Amway Music Library (“Music Library”) available through the Amway website. By using the Music Library, you agree to be bound by the terms of this User Agreement (“Agreement”) and that Amway and its affiliates and their employees, agents or contractors may enforce this Agreement. You may only access the Music Library if you are an Amway Independent Business Owner (“IBO”). If you do not agree to the terms of this Agreement, you are not entitled to use the Music Library and must remove all content obtained through the Music Library from all your devices, social media pages, websites and any other digital property you own or control.
1. IBO DECLARATION
You declare that you are an IBO in good standing and acknowledge that Amway hereby grants you permission to download and use, in accordance with the terms of this Agreement, content from the Music Library for the furtherance of your Amway independent business. You understand that your use of downloaded content is bound by various documents, including without limitation the IBO Registration Agreement, Rules of Conduct, Quality Assurance Standards, and Digital Communications Standards which all govern the use of Amway assets, Intellectual Property of Amway and other third-party Intellectual Property. Content obtained through the Music Library must be used as is without alteration. This Agreement does not grant any rights to obtaining future updates, enhancements, or supplements to content available through the Music Library. If updates, enhancements, or supplements to content available through the Music Library are obtained, the use of such updates is governed by this Agreement and any amendments to it unless other terms accompany the updates or supplements in which case those terms apply. If content downloaded from the Music Library is to be used for inclusion in business support material (“BSM”), the final BSM must be submitted to Amway for review and authorization prior to use. These assets are only to be used with approved audiences (IBOs or Customers/Prospects), as indicated.
The Music Library and any related documentation are protected by copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on content obtained through the Music Library without the prior written consent of Amway. You may not rent, lease, or lend content obtained through the Music Library to any person or entity. You acknowledge that the Music Library may contain proprietary trade secrets of Amway. You agree that you will not, and will not allow any other person, to amend or modify content obtained through and available in the Music Library by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
Amway retains all right, title, and interest in and to the Music Library and its contents (including any changes, modifications, or corrections thereto) and any related documentation. Any content obtained through the Music Library is authorised for use in furtherance of your Amway independent business, and not sold, to you under this Agreement. You have no ownership rights in the Music Library, its contents or any related documentation. Amway reserves the right to recall any content obtained from the Music Library upon notice to you. In such an event, you are required to take reasonable steps to remove that content from your devices, social media pages, websites and any other digital property you own or control.
You acknowledge that the Music Library may be interrupted from time to time. You further acknowledge that the Music Library is not error free. Amway and its employees, agents or contractors do not and cannot accept any responsibility under this Agreement for the functioning of content obtained through the Music Library on your digital property. Amway and its employees, agents or contractors will be entitled, for any reason, including the reasonable belief of fraud or illegal activity by any user in their use of the Music Library, to suspend access by you to the Music Library. You understand that Amway and its employees, agents or contractors may be required by law enforcement agencies to disclose information regarding your use of the Music Library and that Amway and its employees, agents or contractors will comply with such requests. We may update the content on the Music Library from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Music Library may be out of date at any given time, and Amway is under no obligation to update such material.
5. COMPLIANCE WITH RULES AND GOVERNING LAWS
You agree to abide by all laws and regulations applicable to the Music Library and its use and their content and the terms of this Agreement. The Music Library is only available to you as an IBO, for the purpose of promoting the Amway business, the Amway opportunity, and Amway products to, and sharing information about the Amway business, Amway opportunity, and Amway products with Amway Business Owners or Customers/Prospects, on digital properties you solely own or control. Use of content downloaded through the Music Library must comply with the IBO Rules of Conduct (“Rules”), the Quality Assurance Standards (“QAS”) and the Digital Communication Standards (“DCS”), with respect to all digital communications regarding the Amway opportunity, Amway products, or Amway business (directly or indirectly), or when the Digital Communications constitute BSM as defined in the Rules. You must follow all applicable laws as well as the terms and conditions of use of the digital platform you are using to share or promote content obtained through the Music Library.
This Agreement is effective until it is terminated. You may terminate this Agreement at any time by removing all content downloaded from the Music Library from all digital properties owned by you; and destroy all downloaded content and related documentation in your possession or under your control. Amway may immediately terminate this Agreement if you violate any of its terms and conditions. Upon termination of this Agreement, all user rights granted to you shall immediately terminate and all rights to use the Music Library cease. Upon termination you must immediately delete any content downloaded from the Music Library and remove such content from any digital properties controlled by you and, if requested by Amway and its employees, agents or contractors, certify to Amway and its employees, agents or contractors that such deletion or removal has occurred. The following sections will survive any termination of this Agreement: 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnity), 12 (Governing Law), and 13 (Entire Agreement).
7. DISCLAIMER OF WARRANTY
THE MUSIC LIBRARY AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AMWAY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AMWAY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS MUSIC LIBRARY OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THE MUSIC LIBRARY. AMWAY DOES NOT WARRANT THAT THE OPERATION OF THE MUSIC LIBRARY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE MUSIC LIBRARY IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE. YOU ACKNOWLEDGE THAT YOUR ONLY REMEDIES IN RESPECT OF ANY CLAIM WHATSOEVER THAT YOU MAY WISH TO BRING AGAINST AMWAY AND ITS EMPLOYEES, AGENTS OR CONTRACTORS ARE AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
8. LIMITATION OF LIABILITY
Except as may be set forth in section 10, Amway and its employees, agents or contractors shall in no circumstances have any liability whatsoever to you for:
a. Any direct, indirect, incidental, special or consequential damages or any loss of actual or anticipated profit, revenue or goodwill or loss of use of the Music Library by you or for any of your liability to any other party of whatever kind howsoever arising (including but not limited to economic Loss, Claims for damages or awards or otherwise); or
b. any other loss or damage suffered by you under or in connection with this Agreement (whether arising in contract or in tort or otherwise and whether as a result of negligence or otherwise); or
c. any inaccuracies, completeness, delays, failures to transmit, interruptions, termination of information, errors or omissions, the content of the information, lack of security in delivery of the information, regardless of cause, in the information; or
d. any technological, electronic or other malfunctioning of any telecommunications computer or electronic equipment on or over which any information is received by or transmitted by Amway and its employees, agents or contractors.
Some jurisdictions do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions will be enforceable to the extent permitted by law and the invalid, illegal or unenforceable provisions shall be replaced by provisions which, being valid, legal and enforceable, come closest to the intent of this Agreement.
You undertake to indemnify and hold Amway and its affiliates and their employees, agents or contractors, and anyone else who has been involved in the creation, production or delivery of the Music Library (collectively the “Indemnified Parties”) harmless from and against all damages, costs, claims and liabilities (including reasonable legal or professional fees) suffered or incurred by the Indemnified Parties as a consequence of any claims or proceedings made or brought against the Indemnified Parties by any person in connection with your use of the Music Library.
10. AMWAY LIABILITY
Amway and its affiliates and their employees, agents or contractors accept liability only for (A) death or personal injury caused by Amway and its affiliates and their employees, agents or contractors’ negligence; or (B) any other direct loss or damage caused by Amway and its affiliates and their employees, agents or contractors’ gross negligence or willful misconduct. To the extent permitted by law, in no event will the aggregate liability of Amway and its affiliates and their employees, agents or contractors exceed the greater of two hundred Australian Dollars ($200). The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if a party has been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. The foregoing limitation of liability will apply to the fullest extend permitted by law.
11. LINKS TO THIRD PARTY WEBSITES
The Music Library and its contents may contain links to third party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by us. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. If you decide to access any of the third-party websites linked in the Music Library, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. GOVERNING LAW
This Agreement shall be governed, construed and interpreted in accordance with the laws of New South Wales, Australia. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Music Library shall be instituted exclusively in the courts New South Wales, Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Amway regarding your access to and use of the Music Library and its contents. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be illegal, invalid or unenforceable, the rest of the provisions of this Agreement will remain in effect.
14. CHANGES TO THIS AGREEMENT
We may make changes to this Agreement from time to time. If we make changes, we will post the amended agreement to the Music Library and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by providing notice through the Music Library. By continuing to access or use the Music Library and its contents on or after the Effective Date of the revised agreement, you agree to be bound by the revised agreement. If you do not agree to the revised agreement, you must stop accessing and using the Music Library and its contents before the changes become effective.