1.1 By registering and accepting these terms and conditions, the applicant applies to operate as a Healy Member as set forth in this document. Upon acceptance of this Application by Healy, a binding contractual relationship comes into effect between (i) the individual identified on this Application (hereinafter referred to as “you”) and (ii) Healy International B.V. as a corporation legally established and existing under the laws of the Netherlands, having its registered address at Healy International B.V. Paterswoldseweg 806, 9728 Groningen, (hereinafter referred to as “Healy Member Contract”). The Healy Member Contract consists of and includes all the terms incorporated in (i) this Application, (ii) the Compensation Plan and (iii) any modification to the Compensation Plan which become effective during the term of the Healy Member Contract.
1.2 Healy reserves the full right to accept or reject, in its sole discretion, this Application.
1.3 To become a duly authorized Healy Member, an applicant should (i) complete, acknowledge and submit this Application and (ii) submit copies of your required KYC identification papers (i.e passport, driving license and/or national-ID).
1.4 Healy may accept this Application by activating your account or submitting to you a confirmation email.
1.5 If Healy rejects this Application, Healy will notify you and refund any sums to you in case of any sums paid by you.
1.6 As a Healy Member you have the full right to rescind the Healy Member Contract, with immediate effect, without any penalty or liability and without having to cite any reason, by providing written notice to Healy within 14 calendar days after Healy has notified you of the acceptance of this Application. In such case Healy will refund to you any sums you paid to Healy in connection with the conclusion of the Healy Member Contract.
2.1 Except in case of earlier termination of the Healy Member Contract or resignation of you as a Healy Member, the Healy Member Contract expires automatically on December 31 of the calendar year of acceptance by Healy, if accepted on or before June 30, or on December 31 of the calendar year immediately following the year of acceptance hereof by Healy, if accepted on or after July 1.
3. Relationship to Healy
3.1 The Healy Member Contract may not be construed as creating an employment, franchise or other dependent relationship between you and Healy. Under the terms of the Healy Member Contract you act strictly and exclusively as an independent contracting party.
3.2 As a Healy Member you shall (i) comply with any applicable law, the responsibilities and requirements set forth in the Healy Member Contract and any codes that apply to the operation of an independent Healy Business and (ii) avoid any activity that may negatively affect the reputation of Healy World, the Healy products and other Healy Members. Healy reserves the full right to request evidence of such compliance.
3.3 As a Healy Member you are solely allowed to use the Healy logo but no other trademarks, or other intellectual property rights belonging to or licensed to Healy.
3.4 As a Healy Member you shall (i) not perform any action that could infringe upon Healy’s trademarks and copyrighted works or other intellectual property rights belonging to or licensed to Healy or undermine Healy’s goodwill associated thereto, (ii) not use any trademarks similar to Healy’s trademarks in the course of your Healy Business and (iii) not promote or falsely associate any third party’s trademarks and copyrighted works with the Healy’s trademarks and copyrighted works.
3.5 As a Healy Member you bear the responsibility for any expenses arising in connection with the official registration and the running of an independent Healy Business. Healy has neither demanded any efforts on your part in terms of time or money, nor has Healy agreed to compensate you for the time and expense associated with the running of an independent Healy Business.
4. Benefits as a Healy Member
As a Healy Member you receive substantial benefits, provided you are in full compliance with the provisions of the Healy Member Contract. Such benefits include, without limitation, (i) the right to purchase Healy products through Healy, on a non-exclusive basis, (ii) the right to sponsor others to become Healy Members and promote Healy products, (iii) the right to qualify for bonuses, other rewards and/or recognition under the Healy Compensation Plan, (iv) use of Healy’s trademarks, copyrighted works and other intellectual property in accordance with the Healy Business Guide, and (v) a variety of support.
5.1 Any information and trade secret relating to Healy products, the Healy Business Opportunity and the Line of Sponsorship (the term “Line of Sponsorship” refers to all Healy Members with their sponsorship relationships as established and tracked by Healy in accordance with the terms of the Healy Member Contract), including, without limitation, data relating to Healy Members and registered customers, is strictly confidential, owned exclusively by Healy and shall at all times remain the property of Healy.
5.2 Unless otherwise stated, as a Healy Member you (i) do not own any right in any confidential information according to section 5.1, (ii) shall take all reasonable and appropriate measures to safeguard such information and maintain the confidentiality thereof and (iii) shall only use such confidential information to the extent and for the purposes authorized in the Healy Member Contract and in the course of performance of the Healy Member Contract.
5.3 Upon earlier termination f the Healy Member Contract or resignation of you as a Healy Member, you shall promptly return to Healy all such information in your possession and immediately discontinue any further use thereof.
6.1 As a Healy Member you have the full right to terminate the Healy Member Contract, at any time prior to expiration, with immediate effect, by written communication to Healy.
6.2 Healy has the full right to terminate the Healy Member Contract, at any time prior to expiration, with immediate effect, by written communication to you, i.e. for severe breach that has occurred, occurs or is threatened to occur on your side.
7. Product Purchase
7.1 A specific, clear and detailed description of any product offered by Healy, including properties, price, and availability of the product, is provided in the official Healy literature and on the official Healy website.
7.2 Healy reserves the full right to abrogate or suspend any product or line of products and modify, from time to time, the price of any product offered by Healy.
7.3 Purchases of Healy products are pursuant to the respective Terms and Conditions.
8. Business Support Material (“BSM”)
Providing training and/or support material for your Healy Business or your Healy downline members shall be free of charge at all times.
As a Healy Member you shall (i) not sell or attempt to sell non-Healy products functionally interchangeable with Healy products to a Healy Member whom you have not personally sponsored, whether or not targeted at profit, (ii) not induce, attempt to induce or encourage a Healy Member whom you have not personally sponsored, to sell such products, whether or not targeted at profit, (iii) not take advantage of your knowledge of or association with another Healy Member whom you did not personally sponsored, including your knowledge resulting from or relating to your individual Line of Sponsorship, in order to promote the sale of non-Healy products functionally interchangeable with Healy products to a Healy Member whom you did not personally sponsored, whether or not targeted at profit, and (iv) not take advantage of any Healy promoted event or media, whether or not targeted at the benefit of the Healy Members, to sell, promote or profit from the sale or promotion of non-Healy products.
As of Director level and above, you shall not promote or attempt to perform any direct selling activities with any other direct selling company.
10.1 Healy World reserves the full right to modify the terms of the Healy Member Contract, in whole or in part, from time to time, by providing notice of such changes in official Healy literature, including the official Healy website, or by any other mechanism permitted under applicable law.
10.2 Any modification shall be effective from the date expressed in the notification, but no sooner than four (4) weeks after notification, unless otherwise provided by applicable law.
Neither the Healy Member Contract as a whole, nor the individual rights and obligations derived from the Healy Member Contract, may be assigned, delegated or otherwise transferred by you without Healy World’s prior express written consent.
12. Applicable Law
The formation, construction, interpretation and enforceability of the Healy Member Contract and all claims arising from or relating to the Healy Member Contract are governed by the laws of the Netherlands.
If one or more provisions of these Terms and Conditions are or become invalid or void, the validity of the remaining provisions is not thereby affected.