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The use and access of pages of Gianthand.com Ltd's Internet Websites; moneycube.com and cubedirectory.com is subject to the terms and conditions set out below.
Where the terms "The Company", "we", "us", and "our" are used, they refer to Gianthand.com Ltd. Please take a moment to read these terms and conditions
carefully. By using or accessing any part of our Internet Website, you agree to be bound by the following terms and conditions.
Where the term "The Member" is used, it refers to individual purchasing the service of The Company as set out on the Websites, hereafter known as the Marketing Literature.
These terms and conditions may be amended by us at any time by updating them on our Internet Website. You should review these terms and
conditions each time you access our Internet Website. By continuing to use and access our Internet Website you agree to be bound by the
amended terms and conditions.
1. (a) The Member may (dependant on the service purchased) during the continuance of his
membership be entitled to market the company’s services as shall be made
available for this purpose from time to time by the Company in accordance
with the Company's policies and procedures for the time being in force and
as set out in the Marketing Literature AND to receive from the Company
commission payments in accordance with the workings of the Cash Builder programme
for the time being in force and set out in the Company’s published Literature.
(b) The Company shall during the continuance of this
Agreement:
(i) use its best endeavors to supply to the Member all
additional goods and/or services (if any) ordered by the Member failing
which the Member shall be entitled to the immediate return of all sums
paid for such goods and/or services;
(ii) pay promptly and on the due date any commissions
which may be due to the Member in accordance with the Company's policies
and procedures set out in the Marketing Literature and for the time being
in force;
(iii) make available to the Member details of all goods
services and other benefits (if any) available to members in accordance
with the Company's policies and procedures set out as aforesaid and for
the time being in force.
2. The Member shall not hold himself out as a servant or
agent of the Company but shall at all times act as the principal of his
own independent business.
3. (a) The Member shall operate his business in a lawful
and ethical manner and shall be responsible for payment of his own
National Insurance contributions, income and other taxes and
liabilities.
(b) (i) The Member shall at all times comply with the
Company's policies and procedures as set out in the Company's Marketing
Literature insofar as they do not conflict with the terms of this
Agreement.
(ii) The Company hereby reserves the right to make
changes to any or all product prices and official Company literature and
also to the Cash Builder programme and the policies and procedures as set out in
the said Marketing Literature Provided that if such change or changes
shall alter any financial obligation of the Member under the terms of this
Agreement then the Company shall give to the Member at least 60 days
advance written notice thereof. In all other cases such written notice of
such change or changes shall be served on the Member forthwith and if the
Member shall have made no objection in writing thereto within 14 days from
the date of such service, then the Member shall be deemed to have accepted
such changes.
(c) The Member shall during the continuance of his
membership have the right to market the goods and/or services (if any) and
the business opportunity of THE COMPANY (subject to any legislation in
that respect from time to time in force) to any person or body Provided
that the Member shall do so in an ethical and professional manner BUT so
that the Member shall not make any claims statements representations or
warranties relating to THE COMPANY its products or method of operation
which are not contained in the Marketing Literature.
4. (a) It is a condition of this Agreement that
immediately upon entering into the same the Member shall pay to the
Company a sum as stated within the Marketing Literature at the time to
cover the cost of the order;
(b) The Member hereby acknowledges that he understands
that he has a free choice whether or not to purchase any goods and/or
services from the Company under the terms of this Agreement AND that he
has been supplied with a price list which clearly shows the purchase price
for all such goods and services;
(c) The financial obligation of the Member during the
period of 12 months from the date of this Agreement is the payment of the
initial sum as specified in sub-clause (a)(i) and (ii) hereof;
(d) The Member shall not under any circumstances make any
payment nor undertake to make any payment to the Company of any sum
exceeding £200.00 nor shall it be lawful for the Company to demand any
such payment or undertaking for the same until the expiry of seven days
from the date of this Agreement;
(e) The Member hereby acknowledges that he is not under
any circumstances authorised or permitted to sign or to purport to sign
any contract, agreement or other document whatsoever on behalf of the
Company nor is he authorised or permitted to supply or sell not seek to
supply or sell any of the goods or services made available under the terms
of this Agreement to another Member. The Member likewise acknowledges that
he is not under any circumstances authorised or permitted to purchase nor
seek to purchase any such goods or services from another Member.
5. If any payment due from the Member as a consequence of
entering into this Agreement shall be in arrears by more than One calendar
month then the Company shall be entitled to terminate this Agreement
forthwith under the provisions of Clause 7(c)(i) as the Member hereby
acknowledges.
6. The following shall be valid reasons for the
termination of this Agreement by the Company under the provisions of
Clause 7(c)(i) as the Member hereby acknowledges:
(a) The sale, attempted sale or an offer for sale by the
Member of any product or service at a price or a discount which is not
authorised by the Company;
(b) The signing or the purporting to sign any contract,
agreement or other document whatsoever on behalf of the Company by the
Member; the supply or seeking to supply or sell any of the goods or
services made available under the terms of this Agreement to another
Member by the Member; or the purchase or attempt to purchase any such
goods or services from another Member by the Member;
(c) The use of any printed material (other than personal
stationery) or the use of any photocopied or reprinted literature which
has not been supplied or specifically authorised by the Company;
(d) The use of contacts made through THE COMPANY (save
where those contacts have been personally sponsored by the Member) to
promote any goods, business or service which may in any way conflict with
THE COMPANY; and
(e) The use of media advertising (including newspapers,
magazines, radio and television) for the product and/or service or the
business opportunity which has not been sanctioned (whether generally or
specifically) by the Company.
7. (a) The Member has the right to terminate this
Agreement at any time without penalty by giving 14 days’ written notice to
the Company at the address of the Company specified herein for such
purpose
(b) The Company has the right at the Company's discretion
to terminate this Agreement by giving 28 days' written notice (which shall
include the reason or reasons for such termination) to the Member at the
address of the Member;
(c) Either party has the right to terminate this
Agreement forthwith by written notice to the other at the other's address
if any of the following events shall occur:
(i) the other party is in breach of any of his or its
obligations hereunder;
(ii) distress or execution is levied against any of the
goods of the other OR the other becomes bankrupt or insolvent or makes any
composition or arrangement with his or its creditors OR a receiver is
appointed to any of the assets of the other.
(d) The terms 'Lifetime' and 'Advertising for life', refering
to the duration of this agreement, are understood to mean until either the
death of the Member or the termination of the service by the Company. Upon
termination of the Service, The Member's right to use the Service ceases.
The Company shall not be liable to the Member or any third party for
termination of the Service.
8. Save as expressly provided by this Agreement the
Company shall not be liable for any debts or liabilities whatsoever
incurred by the Member whether or not the same have been incurred during
the term of this Agreement.
9. No person under the age of 18 years is eligible to
become a Member of THE COMPANY and any Agreement purported to be signed by
such person shall be null and void.
10. (a) The Company's Marketing Literature shall form
part of this Agreement to the extent stated herein;
(b) Save as set out in the last preceding sub-clause,
this Agreement shall constitute the whole of the contract between the
Company and the Member and no amendment or alteration thereto shall be
binding unless the same shall be made in writing and signed by the parties
hereto;
(c) It is an express term of this Agreement that the
Member shall not be entitled (without the written consent of the Company)
to make any alteration or amendment whatsoever either to the Agreement or
to any official promotional or marketing literature nor shall the Member
suffer or permit any other person to make any such alteration or
amendment.
11. If any provision of this Agreement shall be found to
be invalid or unenforceable, the same shall not affect the validity or
enforceability of this Agreement as a whole, which shall in such a case be
construed as though the invalid or unenforceable provision had been
omitted.
12. This Agreement shall be construed according to
English law as the parties hereto hereby agree.
13. (a) In this Agreement unless the context otherwise
requires:
(i) words importing the masculine shall include the
feminine and vice versa;
(ii) words importing the singular shall include the
plural and vice versa;
(b) The address of the Company and of the Member (as the
case may be) for all purposes stated herein shall be taken to be the address of
the Company or of the Member (as the case may be) shown herein or such
other address (if any) as shall have been notified by the Company or by
the Member (as the case may be) to the other party in writing.
(c) The expression "goods" shall refer to the service sold by
members as specified in this Agreement and in no case shall be deemed to
refer to any promotional material whatsoever.
Registered office
Gianthand.com Ltd, Regency House, Westminster Place, York Business Park, Nether Poppleton, York, North Yorkshire. YO26 6RW. United Kingdom. Incorporated in England with registered number .
This document is version 1 of the Terms and Conditions and takes effect as of 9th July 2002.
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