As used throughout these terms and conditions, "Agreement" collectively refers to the Elusyf Global Independent Member Application and Agreement, Polices and Procedures, Marketing and Compensation Plan, and any other document incorporated by reference in the aforesaid. These documents, in their current form, and as may be amended by Elusyf Global at its sole discretion, constitute the entire contract between Elusyf Global and the Elusyf Global Independent Member. No other representation, promise, or agreement, shall be binding on the parties unless in writing and signed by an authorized officer of Elusyf Global.
I certify that I am at least 18 years old (or of contractual age in my state of legal residence) and that all information I provided on this Application is accurate. I understand that Elusyf Global requests my personal tax identification number solely for the purpose of reporting income to the Internal Revenue Service. Under its right of contract, Elusyf Global maintains the right to decline my application if I do not provide a valid tax identification number.
I understand that Elusyf Global does not accept initial applications from business entities. Once my personal application is accepted, I will have the option to add a business entity to my account in accordance with the policies and Procedures.
I understand that as an Elusyf Global Independent Member:
I agree that as an Elusyf Global Independent Member I am an Independent contractor, and not an employee, partner, legal representative, or franchisee of Elusyf Global. I understand and agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF ELUSYF GLOBAL FOR ANY PURPOSE.
Elusyf Global is not responsible for tax withholding, and reserves the right to refuse to withhold or deduct from my bonus and commissions, if any, FICA or taxes of any kind, even if requested or agreed to by me in order to comply with any governmental order of backup withholding. I understand I am responsible to pay all applicable federal and states taxes and/or license fees, including FUTA and states unemployment and workers compensation taxes that may become due as a result of my activities as an Independent Member.
i) I agree to present the Elusyf Global Marketing and Compensation Plan and Elusyf Global products and services as set forth in literature that is officially produced by Elusyf Global.
ii) If eligible, I will be compensated for the products I sell and those products sold through my sale organization. Elusyf Global never compensates for mere act of sponsoring. The sale of products to end consumers must be emphasized in all presentations.
I understand that Elusyf Global's program is built upon online retail sales to the ultimate consumer. I am entitled to purchase product for my personal or family use, and understand that Elusyf Global prohibits the purchase of product or of large quantities of inventory solely for the purpose of qualifying for bonuses or advancement in the marketing program.
i) I may not assign any rights or delegate my duties under the Agreement without the prior written consent of Elusyf Global. Any attempt to transfer or assign the Agreement without the express written consent of Elusyf Global and may result in termination of my business.
ii) I understand that if I fail to comply with any of the terms of Agreement, Elusyf Global may, at its discretion, impose upon me disciplinary action, up to and including the termination of my Membership. If I am in breach, default or violation of Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
iii) Specifically, I agree as an Elusyf Global Independent Member, will not conduct myself in such a way that may damage the reputation and/or marketing ability of the Company and its products or engage in any undercutting, discourteous, deceptive, misleading and unethical practices. Unless specifically authorised by the Company in writing, I will not distribute the Company's products through any online channels (personal & third parties inclusive). Should I breach this clause, the company has the right to terminate the member's account and may prosecute me to the fullest extent under law.
I have carefully read and agree to comply with Elusyf Global Agreement. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Elusyf Global. I understand that these Terms and Conditions, or Elusyf Global Marketing and Compensation Plan may be amended at the sole discretion of Elusyf Global, and by submitting this application I agree to abide by all such amendments. Amendments shall be binding immediately after notification is released. The continuation of my Elusyf Global business or my acceptance of bonuses or commission shall constitute my acceptance of any and all amendments.
I represent and warrant that my participation as an Elusyf Global Independent Member does
not breach, violate, or otherwise interfere with any current agreements, past agreements, or
surviving clauses of previous agreements, into which I have entered with any other multi-level
marketing, direct sales, or business venture.
I understand that my participation as an Elusyf Global Independent Member does not restrict my participation in another multi-level marketing or direct sales opportunity, except that I shall not, while participating as an Elusyf Global Independent Member, or for 12 months after my termination, cancellation, or other separation from the Elusyf Global program, participate in any other opportunity that directly competes with Elusyf Global in offering stem cell based products.
I understand and agree that if I elect to participate in another non-competing multi-level marketing or direct sales opportunity, I will maintain separate organizations, independent of one-another, for each such non-competing opportunity.
Elusyf Global, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "Agents"), shall not be liable for, and release Elusyf Global and its Agents from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Elusyf Global and its Agents from all liability arising from or relating to it (e.g the presentation of Elusyf Global products, marketing videos or Compensation and Marketing Plan, the leasing of meeting or training facilities, etc.), and agree to indemnify Elusyf Global for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
The Agreement, in its current form and amended by Elusyf Global at it discretion, constitutes the entire contract between Elusyf Global and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are no force or effect.
Any waiver by Elusyf Global of any breach of the Agreement must be in writing and signed by an authorized officer of Elusyf Global. Waiver by Elusyf Global of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
If any provision of the Agreement is held invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
This Agreement will be governed by and construed in accordance with the applicable law relevant without regards to principles of conflicts of laws. In the event of a dispute between an Independent Member and Elusyf Global arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through non-binding mediation. Elusyf Global shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Independent Member. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration.
If an Independent Member wishes to bring an action against Elusyf Global for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Elusyf Global for such act or omission. Member waives all claims that any other statute of limitation applies.
I authorize Elusyf Global to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
I understand that I cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or of, the Company.
The Company reserves the right to accept or reject any applicant and is under no obligation to offer any reason for rejection. The Company is under no obligation to notify an applicant of an incomplete or faulty application.
Elusyf Global is not responsible for delays in the performance of its obligations under this Agreement when performance is made commercially impracticable due to circumstances beyond its reasonable control.
i) If for whatever reason I wish to cancel my order from ELUSYF SINGAPORE PTE LTD products, I am required to:
ii) I will receive a FULL Refund* on my purchase price if I wish to cancel my order from ELUSYF SINGAPORE PTE LTD products within seven (7) calendar days from the date of purchase.
iii) If for whatever reason I wish to cancel my order from ELUSYF SINGAPORE PTE LTD products between after (7) calendar days but within fourteen (14) calendar days from the date of purchase, I will receive a 50% refund* on the purchase price; and
iv) for cancellations made between fifteen (15) calendar days to (1) calendar month from the date of my purchase, I will receive 25% refund*
No refunds will be entertained after (1) calendar month from the date of purchase.
vi) Days, weeks and months mean calendar days, weeks and months, inclusive of Saturdays, Sundays and Public Holidays.
*As ELUSYF SINGAPORE PTE LTD products are perishable goods, ELUSYF SINGAPORE PTE LTD will not make any refund on any products whose inner seal / hygiene seal / air-tight blister pack has been broken / air-tight cap opened or the product packaging has been damaged in any way. A 10% "open box" administration and processing fee of the total retail price of any opened product box will be levied on my refund (even if the product's inner seal / hygiene seal / air-tight cap has not been broken). A 5% processing fee will also be levied against my refund for payments by credit card. Refund cheque will be available for collection no later than 30 days calendar days from date of successful refund application; and ELUSYF SINGAPORE PTE LTD will notify refund applicant as to date of actual collection. Refund applicant must collect refund cheque in person, or by authorizing a representative by way of an authorization letter. Refund cheques uncollected after three (3) calendar months will be cancelled and ELUSYF SINGAPORE PTE LTD will NOT entertain any requests for subsequent cheque re-issues; and refund applicant would be deemed to have waived his/her rights to any further request for refund and is so estopped in law.
ELUSYF SINGAPORE PTE LTD reserves its right to dispose and/or deal with the products you have purchased and/or ordered at its sole discretion should the said products you have purchased and/or ordered remain uncollected for the period of more than one (1) calendar month from the date of your said purchase and/or ordered. In such a case, the Company will not be liable for any refund on the monies you have paid for the product(s) purchased price, and the Company should not liable to entertain any of your requests for the re-issuance of the product(s).
i) You expressly agree that any dispute you may have in relation to or arising from this Condition of Sales and/or from your purchase/use of ELUSYF SINGAPORE PTE LTD products, it shall first be brought up to the company's management for resolution, and thereafter to the Singapore Mediation Center ("SMC") for mediation. In this regard, you expressly consent to ELUSYF SINGAPORE PTE LTD applying for a stay of proceedings with costs on an indemnity basis against you should you initiate judicial proceedings without first attempting resolution with ELUSYF SINGAPORE PTE LTD and thereafter mediation with SMC.
ii) This Condition of Sales shall be governed by and construed in accordance with the laws of Singapore. In relation to any legal action and/or proceedings arising out of or in connection with this Condition of Sales (Proceedings) whereby the said dispute cannot be settle with the Company's management, the Parties hereby irrecovably submit to the exclusive jurisdiction of the Singapore Mediation of Singapore (SMC).
A faxed or online copy of this Agreement shall be treated as an original in all respects.
I hereby confirm that I have read and understood these terms contained above in this Terms & Conditions.