Terms & Conditions

1. Formation: This agreement will be formed when accepted by FEMPLAY AUSTRALIA by entry into the records of the FEMPLAY AUSTRALIA computer system as an accepted Consultant Contract. FEMPLAY AUSTRALIA may accept or reject any Consultant Application without the need to give reasons. FEMPLAY AUSTRALIA will use reasonable endeavours to inform the Applicant (“you”) within 30 business days if it rejects your application.

2. Duration: This Consultant Agreement is of no fixed duration and may be terminated by either party at any time on the giving of written notice to FEMPLAY AUSTRALIA at its current business address.

3. Benefits: As a FEMPLAY AUSTRALIA Consultant, you are authorised (but not obliged) to organise and run FEMPLAY AUSTRALIA parties; purchase FEMPLAY AUSTRALIA Products; seek and fulfil orders for FEMPLAY AUSTRALIA Products; participate in and, if eligible, receive Bonuses Volume Rebates and Commissions under the terms of the FEMPLAY AUSTRALIA Consultant Compensation Plan; identify yourself as an independent FEMPLAY AUSTRALIA Consultant and participate in the training and support services provided by FEMPLAY AUSTRALIA.

4. Independent Contractors: You are an independent contractor. The acceptance of this Consultant Agreement does not create any employment, agency, joint venture or partnering relationship between you and FEMPLAY AUSTRALIA. You are in business on your own account and are responsible for all costs, fees, expenses, taxes, insurances and for the risks and rewards in connection with your FEMPLAY AUSTRALIA Consultancy.

5. No Territories: You may carry out authorised FEMPLAY AUSTRALIA activities anywhere within Australia.

6. Inventory and Consultant Packs: There are no inventory requirements to be a FEMPLAY AUSTRALIA Consultant.

7. Consultant Rewards: No Consultant Rewards are payable for the recruitment of Consultants. FEMPLAY AUSTRALIA will pay Volume Rebates and Commissions to you if you become eligible to receive Volume Rebates or Commissions under the terms of the FEMPLAY AUSTRALIA Consultant Compensation Plan. Consultant Rewards will only be paid by wire transfer to such bank account in Australia as you nominate in writing from time to time. FEMPLAY AUSTRALIA may be required by law to make certain withholdings from Commissions and if so will advise you of such withholdings on a periodic basis.

8. Indemnity: You hereby indemnify FEMPLAY AUSTRALIA, its directors, officers, consultants, agents & employees from time to time and assignees (if applicable) from and against any claim, demand, liability, loss, cost or expense ( including reasonable legal fees and disbursements) asserted against or suffered or incurred by any of them for any reason directly or indirectly related to or connected with your acts, omissions or representations as a Consultant (and of those of any participants in your Consultancy), breach of the terms of this Consultant Agreement or a failure to comply with any applicable law or regulation. FEMPLAY AUSTRALIA has the right to off-set any amounts payable by you to FEMPLAY AUSTRALIA (including the repayment of Consultant Rewards as a result of product returns) against the amount of any Consultant Rewards or other monies payable by FEMPLAY AUSTRALIA to you. You agree that this indemnity is your continuing and independent obligation.

9. FEMPLAY AUSTRALIA owns the Intellectual Property: You acknowledge and agree that all the FEMPLAY AUSTRALIA trade marks, logos, images, trade names, domain names and product names (the FEMPLAY AUSTRALIA Trade Marks) are proprietary materials owned by FEMPLAY AUSTRALIA.. ‘FEMPLAY’ is a registered trademark. You must not register or attempt to register the FEMPLAY AUSTRALIA Trade Marks or any trade or service marks, domain names or logos derivative of or similar to the FEMPLAY AUSTRALIA Trade Marks and you will only use the FEMPLAY AUSTRALIA Corporate Literature for the sole purposes of conducting authorised Parties.

10. Non–solicitation: As an inducement to FEMPLAY AUSTRALIA to enter this agreement and in consideration of the mutual promises made herein, you shall not in any way, directly or indirectly, at any time during the Consultant Agreement or within six (6) months after its termination, for whatever reason (a) solicit, divert, or take away FEMPLAY AUSTRALIA’s Consultants for the purpose of any business or entity competitive with FEMPLAY AUSTRALIA in Australia; (b) solicit in any manner, any FEMPLAY AUSTRALIA employees, vendors or suppliers in Australia for the purpose of any business or entity competitive with FEMPLAY AUSTRALIA in Australia; or (c) assist any other person in any manner in an attempt to do any of the foregoing.

11. Comply with applicable laws and DSAA Code: As an independent contractor you are responsible to ensure that you and any other person connected with your FEMPLAY AUSTRALIA Consultancy learn about and comply with all laws applicable to direct selling, to the FEMPLAY AUSTRALIA Products and to independent business generally, including without limitation in relation to door-to door sales and fair trading requirements, income and payroll taxes, goods and services tax, privacy, superannuation, insurances, discrimination and harassment, occupational health and safety, training and leave entitlements. You also agree to comply with the terms of the Direct Selling Association Code of Practice, which is accessible from the FEMPLAY AUSTRALIA Website. The FEMPLAY AUSTRALIA Business Conduct Manual incorporates the material terms of the DSAA Code of Conduct and includes but is not limited to making customers aware of their commitment when placing an order, their right to cancel the order, FEMPLAY AUSTRALIA exchange/refund procedures and complaints handling.

12. Changes to the Consultant Contract: FEMPLAY AUSTRALIA may make such changes as it may reasonably require to the Consultant Agreement on the provision of 30 days prior notice to you. FEMPLAY AUSTRALIA may give notice through the usual channels of communication with Consultants including by email. You will be deemed to have accepted the change by continuing to order FEMPLAY AUSTRALIA Products, organise and run FEMPLAY AUSTRALIA parties or accept payment of Consultant Rewards after the effective date of the change.

13. Limitation of liability: To the extent permitted by law, you agree that the liability of FEMPLAY AUSTRALIA, its directors, shareholders, officers, employees, agents and assignees for any claim whatsoever and whether in contract, tort or otherwise, in connection with the dealings between you and FEMPLAY AUSTRALIA is limited to the amount of Consultant Rewards (if any) owed to you at the date of the claim and the amount of unsold product inventory owned by you that is undamaged and resalable. FEMPLAY AUSTRALIA is not liable to you under any circumstances for consequential, incidental or indirect loss or damages of any kind.

14. Severability: If any provision of this Consultant Agreement is held to be invalid or unenforceable such provision shall be deleted and the rest of the Consultant Agreement shall remain in full force and effect.

15. Assignment: FEMPLAY AUSTRALIA may assign the benefit of this Consultant Agreement upon the provision of written notice to you at the address last notified by you to FEMPLAY AUSTRALIA. You may transfer or assign this Consultant Agreement upon the terms set out in the FEMPLAY AUSTRALIA Business Conduct Manual.

16. Interpretation: In the interpretation of this Consultant Contract, headings are for reference only, a reference to one gender includes all other genders and a reference to the singular includes the plural. A reference to a person includes a company or other legal entity as well as an individual.

17. Law of contract: This Consultant Agreement shall be governed by and interpreted in accordance with the laws of the state of Queensland, Australia. The language of the Consultant Agreement is English and any translations that may be provided from time to time are for reference only and the English language version shall govern at all times.

18. Entire agreement: The Consultant Agreement consists of this document, as amended from time to time. The Consultant Agreement is the entire agreement between you and FEMPLAY AUSTRALIA and no other promises, representations or agreements of any kind shall be valid unless in writing and signed by authorised representatives of both parties.