Terms and Conditions

Terms and Conditions

Policies and Procedures

 

I agree to be bound by the terms and conditions set forth below.

 

Please note that the following ADR Agreement may be executed by residents of either Australia or New Zealand. If you are a resident of Australia, you will be entering into an agreement with Nu Skin Enterprises Australia, Inc., and if you are a resident of New Zealand, you will be entering into an agreement with Nu Skin New Zealand, Inc., and will be purchasing products from those respective entities. Additionally, please note that certain provisions may be different for each country and are noted in the agreement.

 

This ADR Agreement is between you, as an independent Distributor ("I" or "me" or "you" or "your") and Nu Skin Enterprises Australia, Inc., a Utah corporation, Unit 2.2 Eden Park Drive, North Ryde, NSW 2113 ("Company") (for Australia) and Nu Skin New Zealand, Inc., a Utah corporation, Unit 16/180 Montgomerie Rd., Mangere, Auckland ("Company") (for New Zealand). I understand that the Automatic Delivery Rewards Program ("ADR Program") is an optional program that allows me to place a standing order with the Company that will be conveniently shipped to me on a monthly basis and charged to my credit card, savings account, or cheque account (Australia Only) on a recurring, monthly basis (unless I have selected the option of shipments every other month).

 

By signing this ADR Agreement, I agree that:


A. General Terms and Conditions

 

1. Sign-up Procedures. I may submit this ADR Agreement online, by facsimile, by mail, or by delivering a hard copy to the Company's walk-in centre. If I sign up by telephone, I must submit a signed hard copy of the ADR Agreement to the Company online, by facsimile, by mail, or by delivering a signed hard copy to the Company's walk-in centre within 30 days of my sign up or the Company will terminate my ADR orders.

 

2. Additional Benefits. Whether a Distributor or a customer, I understand that no minimum product purchases are required to participate in the ADR Program. If my monthly ADR order totals 50 personal sales volume or greater, then I will be entitled to the following benefits: (a) I will get a 5% discount off the wholesale prices of products in my ADR order; (b) discounted shipping; and (c) I will earn product points that may be redeemed for additional products. If I manage my ADR account by telephone or through a walk-in centre, then I will not receive a shipping discount.

 

3. Shipping Rates, ADR Points; and other Terms. THE TERMS AND CONDITIONS GOVERNING THE DISCOUNTED SHIPPING RATES, THE ACTUAL SHIPPING DISCOUNTS, THE REQUIREMENTS GOVERNING PRODUCT POINTS, HOW THEY ARE EARNED, THEIR REDEMPTION AND EXPIRATION, AND OTHER TERMS, WHICH TERMS AND CONDITIONS ARE INCORPORATED BY REFERENCE INTO THIS ADR AGREEMENT, ARE FOUND AT THE END OF THIS AGREEMENT.

 

4. Payment.
(a) I have specified on this ADR Agreement the quantity of each product that I desire to receive every month and provided the Company with a valid Visa or MasterCard number along with the card's expiration date, the name on the card, and other information necessary to set up a direct debit arrangement on my personal savings or cheque account (Australia Only). All products ordered by me must be paid in full before the products are shipped.

 

(b) If I have selected a credit card as the method of payment, then I authorise the Company or its affiliated company to charge my credit card each month for the products specified above.

 

(c) If I have selected a debit arrangement (Australia Only), I authorise the Company, either by paper or electronic means, to debit and, if appropriate, credit to my savings or cheque account. I authorise the depository I have indicated, hereinafter called the "Bank," to debit or credit the same to such account. This authority shall remain in force and effect until both the Company and the Bank have received written notice from me of its termination. I must provide an appropriate period of time for the Bank and the Company to act on my notice of termination. The Company will make no other charge to my account except those that I have authorised (GST charges may fluctuate in accordance with changes in applicable GST rates). The Company and the Bank will be fully protected in honouring this authorisation. If any cheque or charge is dishonoured, with or without cause and whether intentionally or inadvertently, then the Company and the Bank will have no liability to any party. I further authorise the Company to release this pre-authorisation to the Bank in establishing and maintaining my direct debit account. It may take up to five business days for the Bank to verify funds.

 

5. Change of Address or Orders. Unless I notify the Company in writing by mail, facsimile, online, or via telephone of a change in my shipping address or any changes to my order at least 30 days prior to my designated shipment date, the products I have selected will be sent to me each month at the shipping address I have provided. The Company will make the adjustments specified in my written notice no later than 30 days after receiving such notice.

 

6. Discontinued Products. The specific products I selected may be discontinued by the Company. If discontinued, the Company will provide me with written notice at least 30 days prior to the discontinuance of the products, and will continue to send me the remaining items selected on my ADR Agreement. I may select other products to replace the discontinued products. Purchase price and shipping fees will be automatically changed to reflect the change in my order.

 

7. Price Increases. The Company may change the price of the products that I have selected. If the price of a specific product is increased, then the Company will provide me with written notice at least 30 days prior to the price increase, and unless I direct them to do otherwise, will continue to send me the selected products at the increased price.

 

8. Refunds. Except for products purchased with ADR points, all products ordered under the ADR Program may be returned to the Company pursuant to the Company's regular product return policy. The refund policy for products purchased with ADR points is described at http://www.nuskin.com.au (Australia) or www.nuskin.co.nz (New Zealand).

 

9. Termination of ADR Program or Orders.
(a) Upon 30 days prior written notice, the Company may terminate the ADR Program. The Company may also immediately terminate my right to participate in the ADR Program and this ADR Agreement and notify me of the termination if (i) the credit card or bank authorisation provided in this ADR Agreement expires, is cancelled or otherwise terminated, (ii) I violate the terms and conditions of this ADR Agreement, or (iii) if I am a Distributor, if I have violated the terms and conditions of my Distributor Agreement.

 

(b) I may cancel my ADR order in writing at any time. The Company will cancel my ADR Agreement within 30 days after it receives my written notice.

(c) Upon 30 days prior written notice, the Company may, in its sole discretion, modify the terms and conditions of this ADR Program, including but not limited to, the expiration of the product points for Distributors.

 

10. No Modification of Distributor Agreement. The terms and conditions contained in this ADR Agreement do not supersede or modify in any way the terms and conditions of my Distributor Agreement. If I am a Distributor, (i) I will assist my retail customers in obtaining any requested refunds under the ADR Program; and (ii) I acknowledge that I have sold or personally consumed at least 80% of my last month's purchase of products.


B. Privacy Policy

 

(a) Collection of Personal Information. The Company, its parent, affiliates and subsidiaries ("Nu Skin") are aware of and responsive to your concerns regarding how information about you is collected, used and shared as a result of your participation in the ADR Program. Nu Skin respects your privacy and is committed to protecting the privacy of consumers of Nu Skin's products and services. Nu Skin collects from you and holds certain personal information about you in order to provide you with the benefits of being a Distributor and communicating with you regarding (i) promotional offers and products, (ii) Distributor/customer relationships, (iii) customer referrals, and (iv) other relevant business issues. All information submitted by you will be held by Nu Skin at its corporate headquarters in the United States, its regional headquarters, and/or its local affiliated companies in the country of your residence. You have right to access and correct your personal information held by Nu Skin by contacting the call centre for your country of residence; provided, however, that any change in a mailing address must be sent in on an Amended Distributor Agreement.

 

(b) Disclosure of Personal Information. Nu Skin may disclose your personal information to contracted vendors. Any vendor would only have access to your personal information for limited purposes regarding marketing communication with Distributors. Except as set forth above and in Nu Skin's Privacy Policy, Nu Skin will not disclose, sell, transfer, or assign your personal information to any third party without your permission unless required by law. If you do not wish to provide the mandatory information requested, you will not be able to participate in the ADR Program. You may view the Privacy Policy on Nu Skin's web sites at: www.nuskin.com.au (Australia) or www.nuskin.co.nz (New Zealand).


ADDITIONAL TERMS

 

The following terms and conditions are referenced in Section 3 of the terms and conditions of the ADR Agreement and are a part of the ADR Agreement.


A. ADR Points-Purchases, Deletion, and Returns

 

1. My monthly ADR orders may earn product points that can be redeemed for product. Product points vary and are earned at the rate of 10% to 30% of the ADR point value. I may earn no more than 75 products points per month. If I place an order using only product points, or combine a regular product order of less than 50 Personal Sales Volume (PSV) and product points, then I will pay regular shipping rates; if I place a regular order of 50 PSV or more combined with product points, then I will receive a reduced shipping rate. The shipping rates are set forth below.

 

2. I understand and agree that the points I earn, if not used, will automatically expire on the 1st day of the 13th month after they were earned ("Deletion"). I understand and agree that if I notify the Company within thirty (30) days of the Deletion and request reinstatement of the deleted product points, then the deleted product points will be reinstated.

 

3. There are no returns allowed on products purchased with ADR Program points and that no personal sales volume or group sales volume is earned on products purchased with ADR Program points.. If any products from a qualifying purchase are returned, the balance of the qualifying amount for the month in which products are returned must be repurchased in order to remain qualified and receive ADR Program points.

 

4. Refunds. As a customer, I will receive (a) a 100% refund on any product ordered under the ADR Program if I notify the Company within 30 days of the date of the product order, or any period specified by the law of the state where I reside for such refunds, whichever is longer; and (b) a 90% refund of the price paid at the time of your order on unopened products in reasonably good condition returned within 12 months from order date. If I am a Distributor or Privileged Member, I will receive a 90% refund of the price paid at the time of your order on unopened products in reasonably good condition returned within 12 months from order date


B. Shipping and Shipping Rates

 

1. Shipping Address. My shipping address must be in the same country as the Company from whom I have ordered the products. For example, if the Company is in Australia, then the shipping address I have provided must be in Australia.

 

2. Shipping Rates

 

ADR orders placed online will be $8.00 (Australia) and $4.50 (New Zealand). When g3 is added a $5.00 surcharge will apply.


C. Customer Restrictions.

 

1. As a customer, I cannot (a) sell the products I have purchased-they are for personal consumption only; or (b) sponsor other Distributors or other retail customers.

 

2. As a customer, my account is permanently linked to the Distributor who referred me to the ADR Program unless (a) I have no activity on my account for a period of two consecutive months, at which time I may sign up as a customer under a different Distributor, or (b) I sign up as a Distributor under a different sponsor.

 

D. Pharmanex LifePak® Guarantee

 

Australia Only
Subject to the following terms and conditions, the Company guarantees that if (a) I select LifePak® as my monthly product under the ADR Program for a minimum of two months, and (b) my antioxidant score does not improve after taking g3 or LifePak® as per the recommended dosage on the label per day for 60 days, then the Company will refund my money:

 

1. The guarantee applies to g3, LifePak® and LifePak Prime ONLY.

 

2. I must receive my initial scan before I begin taking g3, LifePak® and LifePak Prime. This guarantee does not apply if I have taken g3, LifePak® and LifePak Prime within the past three months of my initial scan, and is applicable when no material lifestyle changes have been made to decrease my antioxidant intake or increase free radical exposure as compared to my baseline measurement.

 

3. I must establish a monthly g3, LifePak® and LifePak Prime auto-delivery under the ADR Program before, during, or no later than seven days following your initial scan.

 

4. I must begin taking dosage(s) as recommended on the label of g3, LifePak® and LifePak Prime per day upon receipt of the product following my initial scan and for a total of 60 days before my subsequent scan.

 

5. Approximately 60 days following my initial scan I will receive a complimentary scan certificate. No sooner than 60 days from my starting date, and no later than 70 days, I must redeem that certificate by presenting it to a certified scan operator (most likely the operator that initially scanned me).

 

6. If I meet the above criteria and my score has not increased from the time I was initially scanned and began taking LifePak® (for a consecutive 60 day period), I may submit a written request for a total refund of the purchase price of g3, LifePak® and LifePak Prime (less shipping costs). My money will be refunded within two to four weeks from receipt of your written request. All requests must be mailed to: Attention Pharmanex LifePak® Guarantee, 75 West Center Street, Provo, UT, 94601, USA.

 

New Zealand Only
Subject to the following terms and conditions, the Company guarantees that if (a) I select LifePak® as my monthly product under the ADR Program for a minimum of two months, and (b) my antioxidant score does not improve after taking g3 or LifePak® as per the recommended dosage on the label per day for 60 days, then the Company will refund my money:

 

1. The guarantee applies to g3, lifepak® nano, LifePak®, LifePak Prime®, LifePak Women®, Jungamals® SCS ONLY.

 

2. I must receive my initial scan before I begin taking g3, lifepak® nano, LifePak®, LifePak Prime®, LifePak Women®, Jungamals® SCS. This guarantee does not apply if I have taken g3, lifepak® nano, LifePak®, LifePak Prime®, LifePak Women®, Jungamals® SCS within the past three months of my initial scan, and is applicable when no material lifestyle changes have been made to decrease my antioxidant intake or increase free radical exposure as compared to my baseline measurement.

 

3. I must establish a monthly g3, lifepak® nano, LifePak®, LifePak Prime®, LifePak Women®, Jungamals® SCS auto-delivery under the ADR Program before, during, or no later than seven days following your initial scan.

 

4. I must begin taking dosage(s) as recommended on the label of g3, lifepak® nano, LifePak®, LifePak Prime®, LifePak Women®, Jungamals® SCS per day upon receipt of the product following my initial scan and for a total of 60 days before my subsequent scan.

 

5. Approximately 60 days following my initial scan I will receive a complimentary scan certificate. No sooner than 60 days from my starting date, and no later than 70 days, I must redeem that certificate by presenting it to a certified scan operator (most likely the operator that initially scanned me).

 

6. If I meet the above criteria and my score has not increased from the time I was initially scanned and began taking LifePak® (for a consecutive 60 day period), I may submit a written request for a total refund of the purchase price of g3, lifepak® nano, LifePak®, LifePak Prime®, LifePak Women®, Jungamals® SCS (less shipping costs). My money will be refunded within two to four weeks from receipt of your written request. All requests must be mailed to: Attention Pharmanex LifePak® Guarantee, 75 West Center Street, Provo, UT, 94601, USA.

 

E. Indemnity and Limitation of Liability Agreement; Arbitration Agreement

 

This Indemnity and Limitation of Liability Agreement is between Nu Skin International, Inc. ("NSI"), the Company, and me.

 

1. Indemnity

 

I will indemnify and hold NSI, the Company, and their affiliated companies, and each of their shareholders, officers, directors and employees harmless from and against any claim, demand, liability, loss, action, causes of action, costs, or expenses, including, but not limited to, reasonable attorney's fees, resulting or arising from, directly or indirectly, any acts or omissions by me in conducting my independent Nu Skin business (if I am a Distributor), including without limitation, breach of representations and warranties, material breach of the ADR Agreement and ADR Program and other agreements between the parties, or any other claims or causes of action.

 

2. Limitation of Liability

 

I agree that NSI, the Company, and their affiliated companies will not be liable for any special, indirect, direct, incidental, punitive, or consequential damages, including loss of profits, arising from or related to the breach of the ADR Agreement and ADR Program, or other agreements between the parties. I agree that the entire liability of NSI, the Company, and their affiliated companies for any claim whatsoever related to my relationship with NSI, the Company, and their affiliated companies, including but not limited to any cause of action arising in contract, tort, or equity, will be limited to the cost of products that I have purchased from the Company, and its affiliated companies under the ADR Agreement and ADR Program or other agreements.

 

3. Alternative Dispute Resolution

 

I agree to resolve all disputes with NSI, the Company, and their affiliated companies or with other through NSI's alternative dispute resolution policy. This Arbitration Agreement is between NSI, the Company, and me.

 

THIS ADR AGREEMENT IS SUBJECT TO A MEDITATION AND ARBITRATION POLICY. UTAH SHALL BE THE EXCLUSIVE VENUE FOR MEDIATION, ARBITRATION OR ANY OTHER RESOLUTION OF ANY DISPUTES ARISING UNDER OR RELATED TO THIS ADR AGREEMENT. The place of origin of this ADR Agreement is the State of Utah, USA, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of Utah, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all disputes and actions arising under or related to this ADR Agreement, or to enforce this ADR Agreement, or any other claim (whether based in contract, tort, statute, law or equity), including the validity of the arbitration provision, place of venue, and jurisdiction, shall be in Salt Lake County, Utah. The Parties consent to the personal jurisdiction of said courts within the State of Utah and waive any objection to improper venue. The Mediation and Arbitration Policy is found at http://www.nuskin.com/global/library/pdf/nse_arbitrationmediation.pdf

 

F. Country Specific Terms and Conditions

 

Australia/New Zealand

 

1. The Company reserves the right: (a) To the maximum extent permitted by law, except as otherwise provided by the Company, all representations, and warranties in relation to the ADR Program and customers, and the products sold pursuant to the ADR Program, are expressly excluded, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, provided that if I am a consumer under the Consumer Guarantees Act of 1993 or other relevant consumer related legislation, and are not acquiring any products under this program for personal consumption only and not for business purposes, then nothing in this ADR Agreement will affect your rights under that Act, and (b) To the maximum extent permitted by law, except as otherwise provided by the Company, the Company, and its affiliated companies disclaim all liability arising out of or in connection with my participation in the ADR Program as a customer, and the products offered for sale through this program.

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