Terms and Conditions of Participation in David Saint Business Opportunity
This appendix covers the terms and conditions of the Travel Companion's participation in David Saint Business Opportunity. These terms and conditions, together with the Travel Companion Registration and Travel Bucks™ Terms and Conditions, form the basis of the agreement between David Saint and the Travel Companion regarding the Travel Companion's participation in David Saint Buisness Opportunity.
1. INTERPRETATION
In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context, David Saint is a company duly incorporated in the Republic of South Africa, and the legal entity with which the Travel Companion concludes the Terms and Conditions and herein also referred to as David Saint Business Opportunity.
1.1 “Travel Companion” means the person identified in the Travel Companion Registration and Travel Bucks™ Subscription Form and Travel Bucks™ Terms and Conditions, who is an independent sales associate by registering to the David Saint Business Opportunity, and pays an annual Business License Fee and monthly Business Management Fee, and who also subscribes in order to purchase the Travel Bucks™ each month through monthly payments known as Travel Bucks™ Fee, and refers others to do same, and as such shall include all references to “Member”.
1.2 “Travel Bucks™ Terms and Conditions” means the terms and conditions which are applicable and binding on the Travel Companion with regards to accumulation, use, and booking of David Saint travel packages, which may be amended from time to time by David Saint in its sole discretion.
1.3 “Travel Bucks™” means the product (virtual currency) which David Saint distributes through independent sales associates identified in clause 1.1 above, to be used towards booking the holiday and lifestyle packages in the Travel Bag or any other platform introduced by David Saint.
1.4 “Travel Bucks™ Plus” means the reward system which Travel Companions earn on a monthly basis from his associate and group Travel Companions, which also accumulate in the Travel Bucks™ account, and used towards booking the holiday and lifestyle packages in the Travel Bag or any other platform introduced by David Saint.
1.5 “Travel Bucks™ account” means the account in which the Travel Companion's Travel Bucks™ and Travel Bucks™ Plus are held and accumulate each month.
1.6 “PRESS Academy ” means the training and information manual which contains all the knowledge and skills to equip the Travel Companions to get started and manage his business for success.
1.7 “Travel Bucks™ Fee” means monthly product payments that the Travel Companions make towards the Travel Bucks™.
1.8 “Business License Fee” means fees payable by Travel Companions on an annual basis at the time of signing up and at the anniversary of membership, in order to participate in the David Saint Business Opportunity.
1.9 "Business Management Fee" means fees payable by Travel Companions on a monthly basis for the management of her business by David Saint.
1.10 “Monthly Income” means income payable to Travel Companions as contemplated in clause 4.3 below; being fees earned on monthly product payments (TBF) from the Travel Companion's associate and group Travel Companions. There are two types of incomes, viz. Personal Income Rebate and Group Income Rebate.
1.11 “Product” means the Travel Bucks™ and holiday and lifestyle packages in the Travel Bag.
1.12 “Membership” means the participation of the Travel Companion in the David Saint Business Opportunity.
1.13 “Terms and Conditions” means the terms and conditions applicable to the David Saint Business Opportunity as set out herein, together with all annexures hereto.
1.14 Any reference to the singular includes the plural and vice versa.
1.15 Any reference to natural persons includes legal persons and vice versa.
1.16 Any reference to a gender includes the other gender and vice versa.
2. MEMBERSHIP TERMS AND CONDITIONS
2.1 A person who is 18 years of age or older, and who has been provided with a Business License number shall be deemed to be a Travel Companion of David Saint Business Opportunity and the Terms and Conditions set out herein shall be binding upon him.
2.2 A Travel Companion must be a permanent resident of South Africa, in possession of a valid South African ID document or passport, irrespective of being a South African citizen.
2.3 David Saint shall be entitled at any time to amend any of the Terms and Conditions on 30 days written notice to the Travel Companion, at any of his chosen address set out in the Travel Companion Registration and Travel Bucks™ Subscription Form, or through any method which David Saint may deem appropriate.
RELATIONSHIP BETWEEN THE PARTIES
3.1 The legal relationship between David Saint and the Travel Companion shall, notwithstanding any provisions to the contrary to the Terms and Conditions and Travel Companion Registration and Travel Bucks™ Terms and Conditions, be that as between product supplier and independent sales associate accordingly.
3.2 No provisions of the Travel Companion Registration shall be construed as creating employment, partnership, or joint venture relationship between the parties.
3.3 Neither David Saint nor the Travel Companion shall have the power to bind the other legally to any third party, unless expressly authorized thereto in writing by that party for the purpose of the Business Opportunity.
3.4 In the event that the Travel Companion misrepresents his relationship with David Saint, the Travel Companion agrees to indemnify David Saint for any losses it may suffer.
4. THE BUSINESS OPPORTUNITY
4.1 The Travel Companion shall introduce clients who purchase the Travel Bucks™, and Travel Companions who sign up to David Saint Business Opportunity as independent sales associates, by showing them the relevant marketing materials and showing them the presentation in accordance with the Terms and Conditions.
4.2 The Travel Companion shall render the sales and introduction services in a subordinate capacity and shall not in any way be entitled to exercise any judgment of whatsoever nature when rendering same. The Travel Companion shall accordingly render such services strictly in accordance with David Saint directions issued from time to time and shall not be entitled to make any claims, statements, disclosures, representations or warranties or communicate any information to any prospective Travel Companion, except if such information is contained in the materials that will from time to time be supplied to the Travel Companion by David Saint for this purpose.
4.3 The Travel Companion shall be entitled to monthly income based on Travel Bucks™ purchased by his associate Travel Companions by virtue of the Travel Companion's referral of them and further referrals down to the sixth level of referrals from the Travel Companion, provided the product monthly payments known as Travel Bucks™ Fee have been paid. The Travel Companion shall accordingly not be entitled to any consideration of whatsoever nature except based on the fact that the Travel Companion introduces persons to David Saint.
4.4 The entitlement to monthly income will commence once the Travel Companion has a minimum of 1 and a maximum of 15 Travel Bucks™ Fee paying Travel Companions.
4.5 Monthly income shall be based on and calculated according to the Travel Bucks™ Fee received by David Saint from the Travel Companion's associate and group Travel Companions in the Travel Companion's network up to Level 6.
4.6 Monthly income shall only be payable on receipt of each Travel Companions' Travel Bucks™ Fee on a monthly basis as contemplated in clause 4.5 above.
4.7 Monthly income shall be payable to the Travel Companion by electronic funds transfer (EFT) into the Travel Companion's bank account as specified in the Travel Companion Registration and Travel Bucks™ Subscription Form, or such other bank account of which the Travel Companion may notify David Saint in writing, on the 15th of each month. David Saint reserves the right from time to time to amend the date of effecting payment of any income.
4.8 The Travel Companion shall also be entitled to monthly reward system known as Travel Bucks™ Plus based on Travel Bucks™ purchased by her associate Travel Companions and group Travel Companions, by virtue of the Travel Companion’s referral of them and further referrals down to the sixth level of referrals from the Travel Companion, provided the product monthly payments known as Travel Bucks™ Fee have been paid, and provided the Travel Companion's Travel Bucks™ Fee is up to date on a monthly basis. The Travel Companion shall accordingly not be entitled to any consideration of whatsoever nature except based on the fact that the Travel Companion introduces persons to David Saint.
4.9 Travel Bucks™ Plus shall be loaded in the Travel Bucks™ account each month and accumulate together with the purchased Travel Bucks™, and to be used solely for booking of the holiday and lifestyle packages in the Travel Bag.
4.10 The entitlement to Travel Bucks™ Plus will commence once the Travel Companion has a minimum of 1 Travel Bucks™ Fee paying associate Travel Companion.
4.11 Should the Travel Companion's membership be terminated for whatever reason, she consequently forfeits all benefits in respect of her monthly income, Travel Bucks™ Plus and/or any other benefit. The Travel Companion is thereupon obliged to use the balance of the Travel Bucks™ in the Travel Bucks™ account at the time of termination within twelve months by booking any package(s) in the Travel Bag.
5. RESTRICTIONS AND LIMITATIONS
5.1 The Travel Companion may not persuade other Travel Companions to terminate their membership in the David Saint Business Opportunity, or to cancel their products purchases with David Saint in order to join a similar opportunity with a third party, or to become less active as Travel Companions.
5.2 The Travel Companion, his nominee, or any other legal entity in which his nominee has any direct or indirect interest, may not be a direct or indirect beneficiary in the David Saint Business Opportunity more than once.
5.3 All media enquiries made to the Travel Companion must be referred directly to David Saint.
6. BONUSES AND REWARDS
6.1 The Travel Companion may qualify for bonuses and rewards paid over and above the monthly income.
6.2 The bonus and rewards shall be based on the Travel Companion having achieved certain criteria as introduced by David Saint from time to time. David Saint reserves the right to introduce or change the bonus structure at its sole discretion.
7. BUSINESS LICENSE FEE
7.1 The Travel Companion shall pay the Business License Fee to David Saint in respect of her membership in the Business Opportunity as determined by David Saint from time to time.
7.2 The Business License Fee is payable at the time of signing up and annually on the Travel Companion’s membership anniversary.
7.3 The Business License Fee may escalate on an annual basis at the sole discretion of David Saint and the Travel Companion shall be informed of such escalation on 30 days prior written notice.
8. ADMINISTRATION
8.1 All administration in respect of the Business Opportunity shall be conducted by David Saint on behalf of Travel Companions.
8.2 David Saint shall make available to the Travel Companion monthly Income Statements, setting out all incomes payable to the Travel Companion including the monthly Travel Bucks™ balances in the Travel Bucks™ account.
9. TAXATION
9.1 It is compulsory for the Travel Companion to register with SARS as a taxpayer in respect of the Rand value earned from David Saint Pty (Ltd).
9.2 The Travel Companion agrees that he shall be solely responsible for any tax liability and for payments to SARS as a result of any income earned.
10. INDEMNITY
10.1 The Travel Companion indemnifies and holds David Saint harmless against all claims, demands, fines, penalties, actions, proceedings, judgments, damages, losses, theft, expenses or any other liabilities caused, whether negligently or otherwise, by the non-observance or non-compliance by the Travel Companion of his duties and obligations in terms of these Terms and Conditions.
11. TRAVEL COMPANIONS DUTIES AND OBLIGATIONS
The Travel Companion agrees to the following:
11.1 That referrals shall be done exclusively to David Saint based on the Terms and Conditions and the Travel Bucks™ Terms and Conditions.
11.2 That the use of media advertising in respect of the Travel Bucks™ subscription and Business Opportunity is strictly prohibited other than through David Saint itself.
11.3 That no misleading, deceptive or unfair selling and recruiting methods will be utilized.
11.4 That no claims, statements, disclosures, representations or warranties of whatsoever nature which are not printed on David Saint materials will be made by the Travel Companions. The materials will be retained in its proper context and form and will not be distorted to be misrepresented or misleading in any manner or form.
11.5 That the Travel Companion will abide by all applicable laws and regulations relating to David Saint Business Opportunity.
11.6 That the Travel Companion will not bring David Saint name into disrepute through his acts of commission or omissions.
12. BUSINESS BENEFICIARY DUTIES AND OBLIGATIONS
12.1 At the date of the death of the Travel Companion, her business, monthly income, Travel Bucks™, bonuses and any other benefits due will revert to the Travel Companion's beneficiary as nominated in the Beneficiary Nomination in terms of the Terms and Conditions, provided that the business beneficiary agrees to be bound by the Terms and Conditions. As of this date the business beneficiary will be the new Travel Companion and the Terms and Conditions will be applicable to her.
12.2 Should no beneficiary be nominated the deceased Travel Companion's business, monthly income, Travel Bucks™, bonuses and any other benefits due will revert to the deceased Travel Companion's estate.
12.3 The approval of the business beneficiary will be at the sole discretion of David Saint and on condition that the new Travel Companion agrees to be bound by the Terms and Conditions.
13. SALE OF BENEFITS
13.1 The Travel Companion may, subject to prior written approval by David Saint, dispose of his business to another person. The new Travel Companion will replace the Travel Companion for all purposes as the Travel Companion in the Business Opportunity.
13.2 The new Travel Companion must agree to be bound by the Terms and Conditions.
13.3 As of the date of the transaction these Terms and Conditions and the Travel Bucks™ Terms and Conditions will be applicable to new Travel Companion.
13.4 David Saint reserves the right to approve or decline the request to replace an existing Travel Companion with a new Travel Companion.
13.5 A written request, in a format prescribed by David Saint, is required for the replacement of an existing Travel Companion with a new Travel Companion, including a business plan.
13.6 By approving a new Travel Companion, David Saint does not comment on the validity of the transaction by the current Travel Companion to dispose of his business in favor of the new Travel Companion.
14. TERMINATION
Without prejudice to any right that David Saint may have in terms hereof or in law, the membership of the Travel Companion in the Business Opportunity and any benefits payable in respect thereof may be terminated by David Saint, with immediate effect, in the event that:
14.1 The Travel Companion breaches any of the Terms and Conditions.
14.2 The Travel Companion, in the reasonable opinion of David Saint, commits any fraudulent act in relation to the Business Opportunity, or any act that in the reasonable opinion of David Saint would or could have a detrimental effect on the name and goodwill of David Saint.
14.3 Inaccurate representations as to any potential or future expected monthly income, Travel Bucks™ Plus and bonuses to any prospective Travel Companion.
14.4 David Saint becomes aware that the Travel Companion is making false, misleading or inaccurate representations as to any potential or future expected income and bonuses to any prospective Travel Companion.
14.5 The Travel Companion falsifies any documents or records required by David Saint, including but not limited to the Travel Companion Registration and Travel Bucks™ Subscription Form.
14.6 The Travel Companion uses David Saint logo in any form of advertising/promotion without written consent from David Saint.
15. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
15.1 The intellectual property rights in respect of the Business Opportunity, PRESS, Travel Bucks™ and any information or documents and marketing material and methods are and shall remain the exclusive property of David Saint.
15.2 The Travel Companion acknowledges that for the duration of his association with David Saint as a Travel Companion, he may be given access to and come into possession of trade secrets and confidential information, which is proprietary of David Saint and therefore:
a) Any unauthorized disclosure of trade secrets and/or confidential information may give rise to irreparable claims to accordingly, the Travel Companion undertakes, without limiting her obligations under common law to maintain confidentiality of these secrets.
b) Any trade secrets and/or confidential information in his possession or under his control shall be maintained under conditions of strict confidentiality.
c) She shall not, directly or indirectly, use for her own benefit or for the benefit of any other person, any trade secrets and/or confidential information.
d) He shall not disclose any trade secrets and/or confidential information to any other person without prior written consent of David Saint.
e) She shall not use or copy any of the trade secrets and/or confidential information for any purpose other than for performing her duties and obligations or exercising her rights in terms of the Terms and Conditions.
15.3 The provisions of this clause shall survive termination of membership in the Business Opportunity.
16. GENERAL
16.1 These Terms and Conditions constitute the whole agreement between David Saint and the Travel Companion as to the subject matter hereof, and no agreements, representations or warranties between David Saint and the Travel Companion regarding the subject matter hereof, other than those set out herein and in the Travel Bucks™ Terms and Conditions are binding on the parties.
16.2 Either the Travel Companion or David Saint may terminate the Travel Companion's membership in the Business Opportunity on 14 days’ notice to the other. As of the effective date of termination in terms of clause 14 above, the Travel Companion will not be entitled to any further monthly income, Travel Bucks™, any benefits and/or bonuses. On termination, the Travel Companion agrees to:
a) No longer represent himself as a Travel Companion in terms of David Saint Business Opportunity.
b) No longer in any way introduce prospective Travel Companions.
c) David Saint servicing the sales associates within the Travel Companion's downline.
16.3 In addition and/or alternatively to the remedies available to David Saint in terms of these Terms and Conditions, or by law, David Saint is entitled to claim and recover damages suffered from the Travel Companion, and to the extent that it is not prohibited from doing so by any law, to set off its claim against any amount due to it by the Travel Companion, and the Travel Companion authorizes David Saint to do so.
16.3 No addition to or variation, consensual cancellation of the Travel Companion's membership and no waiver of any right arising from the Terms and Conditions or its breach or termination shall be of any force or effect unless reduced to writing and signed by David Saint or its duly authorized representatives.
16.4 The expiration, cancellation, or termination of the Travel Companion's membership shall not affect those provisions of the Terms and Conditions which expressly provide that they will operate after such expiration, cancellation or termination, or which of necessity must continue to endure after such expiration, cancellation or termination, notwithstanding that the relevant clause may not expressly provide for such continuation.
16.5 Each provision of the Terms and Conditions or the Travel Companion Registration and Travel Bucks™ Terms and Conditions, and each part of any such provision, is separate and separable from the others.
16.6 If any provision in the Terms and Conditions, or the Travel Bucks™ Terms and Conditions, or any part of such provision is, becomes, or is declared by a court of competent jurisdiction or other competent authority to be unlawful, invalid or unenforceable for any reason, or in any jurisdiction, then it will, to the extent that it is unlawful, invalid or unenforceable, be severed from the Terms and Conditions or the Travel Bucks™ Terms and Conditions, and treated as if it had not been written, without invalidating or affecting the enforce-ability of the remainder of such provision or the remainder of the Terms and Conditions or Travel Bucks™ Terms and Conditions.