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Consultant Kit Terms
Authorised Tupperware Consultant Terms & Conditions
1. Obligations
1.1 As a Tupperware Consultant, I will:
(a) operate my business in accordance with these Terms and Conditions;
(b) represent Tupperware Australia Pty Ltd (the Company) in a sincere, honest and ethical manner;
(c) uphold the Tupperware name, the brand and its reputation for personal service, quality products and professionalism;
(d) actively promote Tupperware's products, subject to these Terms and Conditions;
(e) not engage in any business practice which may reflect adversely on the public image or goodwill of the Company; and
(f) abide by the Tupperware Consultant's Code of Conduct' attached.
1.2 I understand that from time to time the Company may, at its sole and absolute discretion, amend these Terms and Conditions. If such amendments are made, I will be notified in writing by the Company, and such amendment will take effect from the date of the written notice.
2. Training and support
2.1 I understand that:
(a) the Company will provide training and guidance through regular training and education sessions which I will be invited to attend from time to time;
(b) weekly sales meetings will be held by the Company, which provide training and updates on new and current promotions and products;
(c) my manager will run a 'training event' to learn how events are conducted;
(d) the Company will make available for me to purchase promotional items and limited product releases on a monthly basis to assist me to build my business; and
(e) the Company will make available for me digital product catalogues detailing the range of products available for me to promote and sell.
3. TuppSocial
3.1 I am entitled to receive the TuppSocial 90-day free trial offer, which allows me to access the following subscription services:
(a) the TuppSocial service, including the platform, all available content, planning and scheduling tools, prospect centre, training modules, performance dashboard and support via the private TuppSocial Australia & New Zealand Facebook group; and
(b) the “Find a Consultant” service on the Company’s E-comm platform,
at no cost for the first 90 days from the date that I sign up as a Tupperware Consultant (90-Day Subscription Offer). I agree to submit my payment details when purchasing a Business Kit through the Tupperware website in order to receive the 90-Day Subscription Offer. My subscription to TuppSocial will expire at the completion of the 90-Day Subscription Offer.
3.2 I may only use 90-Day Subscription Offer once. Tupperware reserves the right, in its absolute discretion, to withdraw or to modify the 90-Day Subscription Offer and/or its Terms and Conditions at any time without prior notice and with no liability.
3.3 If I wish to continue with the TuppSocial subscription after the 90-Day Subscription Offer, I will need to subscribe to the TuppSocial service via my Consultant Profile in Empower. By subscribing to the TuppSocial service, I agree to automatic recurring billing of my credit card at the frequency and price set out in the service plan that I choose (whether monthly or yearly) at the time of subscribing. I will be asked to allow for the subscription fee amount to be debited from my credit card automatically, at regular fixed intervals. By submitting my original payment information, I automatically authorise the company to make such ongoing debits. I am responsible for providing complete and accurate billing and contact information to the Company and notifying the Company of any changes to such information.Should payment of an ongoing debit fail for any reason, the company reserves its right to terminate my subscription at its sole discretion. It is my responsibility to make sure payments methods are up to date and correct to allow all successful payments to be made. The subscription will continue unless and until I cancel it. I must cancel my subscription before the renewal date (next automatic billing date) in order to avoid billing of the next subscription fee.
4. Sale of product
4.1 I understand that the success of the Company and all Tupperware Consultants depends on direct selling to consumers, primarily via party plan and social selling. For this reason, I will:
(a) actively promote Tupperware's products, primarily by holding in-home or online events;
(b) reward the hosts of any Tupperware event I hold with appropriate rewards from our Thank You Rewards programme when minimum qualifying sales are placed at that event (qualifying sales include orders placed at the party by customers who were unable to attend the event); and
(c) contact customers who have registered on our TLC Loyalty Club at regular intervals to update them on new Tupperware products and promotions and offers available to Tupperware customers.
4.2 I will:
(a) only supply, sell, display or promote Tupperware products in accordance with these Terms and Conditions;
(b) only award gifts from Tupperware's Thank You Rewards programme to the hosts and guests of a Tupperware event I hold;
(c) identify myself and be known to my customers by my full name (i.e. first name and surname), including identification.
4.3 I will not:
(a) supply, sell, display or promote Tupperware products in unauthorised venues – e.g. markets, fetes, shows, shops or other retail premises without written authorisation from the Company;
(b) supply, sell, display or promote any other company's products whilst representing Tupperware at events, kiosks or in any other Tupperware business activity; or
(c) permit or assist any person to do anything described in paragraph (a) or (b) above without authorisation from the Company.
5. Advertising and media
5.1 I will:
(a) only use digital literature produced or authorised by the Company to supply, sell, display or promote Tupperware products or my business as a Tupperware Consultant.
(b) not advertise using any form of written or electronic communication including, but not limited to, spam e-mails, posters, websites or advertisements in any form of media (television, radio, print, press or electronic media) without written authorisation from the Company (I may however communicate with customers who have registered on our TLC Loyalty program without such authorisation); and
(c) not accept requests for media interviews or make comment on behalf of the Company, Tupperware products, people or party plan system to anyone in the media (including television, radio, print, press and electronic media) without written authorisation from the Company.
(d) I will abide by the company's “social media guidelines" at all times.
6. Financial responsibility
6.1 I will place a minimum level of orders with the Company (as notified to me from time to time at the sole discretion of the Company) each quarter in order for my account to remain open.
7. Intellectual property
7.1 I acknowledge that the Tupperware logo(s), images and trade marks, and copyright in them, are owned or licensed by companies in the Tupperware group of companies.
7.2 I will not use or reproduce the Tupperware logo and/or images without written authorisation from the Company. Similarly, I will not register or use any internet domain name which includes recognisable portions or variations of the Company's trademarks.
7.3 I will not use or permit or assist any person to use any Intellectual Property* owned by or licensed to the Company to:
(a) adversely affect the Company; or
(b) benefit any other person or company in any way, without written authorisation from the Company.
*Intellectual property means any and all copyright, trade marks, patents and designs and other industrial and intellectual property rights including know-how such as training material or technical data and confidential information owned by or licensed to the Company or any other member of the Tupperware group of companies anywhere in the world in which the products or business are represented.
8. Confidential information
I will not divulge any Confidential Information* to any person without authorisation from the Company either while I am a Tupperware Consultant or after I cease working as an Authorised Tupperware Consultant. * Confidential information means any information that the Company provides to me or that I otherwise acquire that is confidential to the Company including but not limited to, confidential information relating to the Company's customers, products, business or method of carrying on business to assist me to operate as an Tupperware Consultant.
9. Compliance with all applicable laws, regulations etc
I will conduct my business as an Authorised Tupperware Consultant in a lawful way, adhering to all laws and legislation governing the State, Territory and Country in which I reside.
10. Privacy
10.1 I will:
(a) comply with the Australian Privacy Laws (and the equivalent in New Zealand, as relevant) and other privacy laws when collecting personal information (including names, addresses, contact details and financial details) while operating as an Tupperware Consultant, ensuring that the Company’s Privacy Policy, available on its Website, is adhered to at all times;
(b) ensure that the information collected from customers is relevant to my Tupperware business;
(c) ensure that the information collected from customers is not disclosed to any parties outside the Tupperware organisation;
(d) return all records containing personal information collected from customers (including, but not limited to, customer survey information, customer address books) to the Company if I leave the Tupperware business.
10.2 The Company will collect personal information about me in connection with my activities as an Tupperware Consultant. I consent to the processing of my information as necessary for conducting business between us, award and recognition calculations, as well as being contacted by the Company for commercial purposes.
10.3 I consent to the copyright, use and publication of any photograph, audio or video recording of me made by the Company for the purposes of publicity, advertising or training material.
11. No soliciting
I will not solicit, persuade, encourage or permit any other Tupperware Consultant to supply, sell, display or promote the products of another direct selling company while I am a Tupperware Consultant and for six months after I cease working as a Tupperware Consultant.
12. Indemnity
I agree to indemnify the Company against any claim, loss or expense which it incurs or sustains as a result of any negligent or unlawful act by me or authorised by me (including any failure by me to act).
13. Independent contractor relationship
13.1 My relationship with the Company is one of an independent contractor. I understand that I am not a partner, employee or agent of either and that I cannot bind, or attempt to bind, the Company in any way.
13.2 As an independent contractor, I set my own work hours. If I commit to manning an event, such as a kiosk, I will of course honour that commitment. However, the decision to work those hours is my own.
13.3 I will not incur, create or assume any contract, expense, debt, obligation, liability or responsibility on behalf of, or in the name of the Company.
13.4 As an independent Tupperware Consultant, I am solely responsible for operating my business. The Company does not make any representation to me in relation to the success or otherwise of my business as a Tupperware Consultant.
14. Termination
14.1 The Company or I may terminate my appointment as a Tupperware Consultant for any reason at any time by giving 30 days’ notice in writing to the other party to that effect.
14.2 The Company may terminate my appointment as a Tupperware Consultant if I fail to comply with any of these Terms and Conditions and do not rectify that failure within 14 days of receiving notice in writing of such failure from the Company.
14.3 Upon termination of my appointment as a Tupperware Consultant I will:
(a) cease supplying, selling, displaying or promoting Tupperware's products;
(b) promptly settle any amount that remains outstanding on my account.
14.4 After termination of my appointment as a Tupperware Consultant (for any reason), I will not say or imply to others that I am a Tupperware Consultant or that I have any connection with the Company
15. Governing law and jurisdiction
These Terms and Conditions are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these Terms and Conditions.
I agree to abide by and comply with terms of these Terms and Conditions.
Authorised Tupperware Consultant Terms & Conditions Valid from November 2021
Authorised Tupperware Consultant Code of Conduct
This code of conduct details business practices for all Tupperware Consultants as a guideline to protect the image and reputation of the Tupperware brand, so all Authorised Tupperware Consultants can take pride in being associated with a professional, reputable and trust-worthy company.
Whilst representing Tupperware, I will:
• Dress in a businesslike manner appropriate for the conduct of my business
• Always be well groomed, including hair and nails
• Conduct myself in a professional, businesslike manner
• Support and adhere to the Company run promotional programmes as these have been strategically structured to increase my business and support the Company's marketing plan.
In order to ensure my host, guests and customers have a 'quality Tupperware experience', I will endeavour to learn as much as possible about Tupperware's products, the business model and systems of the Company through taking advantage of:
• Company run events
• Sales meetings and training classes held by the Company
• Unit meetings held by my Manager.
In consideration for my Manager and fellow Tupperware Consultants, I will:
• Not take my children to Tupperware events, sales meetings, unit meetings or Company run events, unless I have specific permission from my Manager, or the Company.
• If, for any reason, I am unable to hold a Tupperware event which I have booked, I will contact my Manager or at the first opportunity, to make arrangements for another Tupperware Consultant to hold it on my behalf. The sharing of commissions and future bookings from the event will be negotiated between the original consultant and the consultant holding the event
In the running of my business, I will respect and support my fellow Tupperware Consultants by honouring the intent and spirit of the Company's 'Tupperware Consultant Code of Conduct'.
Please note that all references to Tupperware Australia Pty Ltd, the Company, includes its directors, associates and affiliates and any distributorship with which the Tupperware Consultant may be engaged.
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