Terms and Conditions of the ABO Agreement
TERMS AND CONDITIONS OF ABO AGREEMENT
1. ACCEPTANCE: This document, including the ABO Registration form overleaf, if completed accurately and in full and signed by the Applicant(s), if accepted and confirmed by Amway South Africa (Pty) Ltd (hereinafter referred to as “Amway”) in terms of this agreement, constitutes the ABO agreement between Amway and the Applicant(s) whose signature(s) and details appear overleaf. However, should this registration form be accepted by Amway, whether or not completed in full, the terms and conditions as set out in this agreement, will govern the relationship between Amway and the Applicant(s) whose details appear overleaf.
2. AGREEMENT: Upon acceptance of this registration form, Amway appoints the Applicant(s), the signatories overleaf, as Amway Business Owner(s) (hereinafter referred to individually and collectively as “ABO”) of Amway products and the ABO accepts such appointment on the terms and conditions herein and overleaf, which terms and conditions incorporate the Business Handbook and Rules of Conduct. The acceptance by Amway of this application for registration as an ABO is at the sole discretion of Amway.
2.1 THE ABO CONFIRMS THAT he/she is at least 18 years of age and has the legal capacity to enter into this agreement and carry out the duties under this agreement.
2.2 THE ABO CONFIRMS, upon completion o f thi s registration form , tha t the ABO has received a Business Kit, including a copy of the current Business Handbook and Rules of Conduct. THE ABO AGREES THAT the Business Handbook and Rules of Conduct form part of this agreement between the ABO and Amway, with effect from the date upon which Amway accepts this registration form. The terms and conditions of this agreement accordingly include every term and condition contained within the Business Handbook and every rule in the Rules of Conduct, as modified from time to time in accordance with Paragraph 8 below. However, should this registration form not be accepted by Amway, the ABO must, without delay, return the Business Kit as provided to the ABO in accordance with this agreement and a refund will be given to the ABO minus the handling fee provided for in this agreement.
2.3 The ABO undertakes to read and familiarise himself/herself with the contents of the Business Handbook and Rules of Conduct following the completion and signing of this registration form and before engaging in any activities as ABO in terms of this agreement.
2.4 In these terms and conditions, where the context so requires, “ABO” shall include “Distributor” as defined in the Business Handbook and Rules of Conduct and vice versa. Furthermore, unless otherwise stipulated, all capitalised terms herein shall have the meanings ascribed to them in the Business Handbook.
2.5 In the event of a conflict between the terms and conditions of registration and acceptance as an ABO and the terms and conditions in the Business Handbook and Rules of Conduct, the terms and conditions in the Business Handbook and Rules of Conduct shall take precedence and supercede these terms and conditions.
3. AUTHORISATION: Subject to the terms and conditions herein, and in the documents incorporated herein by reference, the ABO is authorised to buy and sell Amway products, sponsor others to do the same, and participate in the Amway Sales and Marketing Plan in the territory of South Africa/Namibia/Botswana.
4. RELATIONSHIP BETWEEN THE PARTIES: Nothing in this Agreement shall establish an employment relationship, or other labour relationship, between the ABO and Amway and nothing shall establish the ABO’s position as procurer, broker, mandatory, agent, contracting representative or other representative of Amway. When purchasing, selling, distributing and marketing AMWAY products, the ABO shall act as an independent contractor, acting in his/ her own name, for his/her own account and shall be liable for his/her own taxes. The ABO shall be entitled to describe himself/herself as an authorised distributor of Amway’s products following acceptance of this ABO registration form by Amway, but shall not at any time, describe himself/herself as an agent for the company or use any words that would indicate a relationship of agency as existing between the parties.
5. COMMENCEMENT AND TERM: This Agreement shall come into force on the date of acceptance by Amway of the Applicant’s registration form overleaf and by sending the ABO an ABO Identification Card. The ABO Identification Card is and shall remain the property of Amway and the ABO shall return it to Amway without delay upon termination or expiry of this Agreement. Unless earlier terminated by the ABO or Amway in the manner described in paragraph 12 below, this registration, if accepted by Amway on or before 30 June, is valid until 31 December of the year of acceptance or, if accepted after 30 June, is valid until 31 December of the calendar year following the year of acceptance.
6. RENEWAL: Subject to paragraph 5 above, you acknowledge that you are required to renew your Amway contract on an annual basis. The renewal must be in writing via a renewal form (downloadable from our website or can be faxed or emailed to you on request) which you must complete, sign and submit to Amway with payment of the appropriate renewal fee and/or as notified by Amway. You understand that the renewal will allow you to continue your activities as an ABO and such renewal shall reconfirm your undertaking to abide by all of the terms of your registration and acceptance as an ABO, including those set out in the Business Handbook and Rules of Conduct, as modified from time to time, in whole or in part. Amway reserves the right to accept or reject your application for renewal of your registration in its sole discretion.
7. COOLING OFF PERIOD: The ABO may cancel a transaction resulting from any “direct marketing” (as this term is defined in the Consumer Protection Act 68 of 2008, as amended) without reason or penalty, by notice to Amway in writing, or another recorded manner and form, within 5 business days from the date on which this agreement was concluded or the date on which the goods that were the subject of the transaction concluded pursuant to this agreement were delivered to the ABO whichever occured last.
8. MODIFICATION OF TERMS: Amway may modify the terms and conditions in this agreement, including the terms and conditions in the Business Handbook and Rules of Conduct, in whole or in part, by providing notice of such changes by publication on our website: www.amway.co.za, which the ABO has an obligation to read carefully. All modifications shall take effect from the date of publication or any later date expressed in the notification. THE ABO EXPRESSLY ACCEPTS THAT he/she will be bound by modifications to these terms and conditions as provided for in this agreement. But for the modification provided for in this paragraph, any other modification must be done in writing and signed by both parties.
9. CESSION AND ASSIGNMENT: The ABO may not assign, cede, delegate, transfer or otherwise make over the terms and conditions of this Agreement to any third party without the prior written consent of Amway.
10. USE OF NAME AND LIKENESS: THE ABO AUTHORISES AND CONSENTS to the use by Amway of the ABO’s name and likeness in any media produced or authorised by Amway for any lawful purpose, including but not limited to: use on the Internet (world wide web), in photography, in other audio-visual material, and in Amway brochures and advertisements, for marketing and other purposes. On the other hand, the ABO is not entitled to use the Amway trade name, trademark, service mark, design, symbol, copyrighted material or any other Amway asset, other than as set forth herein.
11. USE AND DISSEMINATION OF INFORMATION: Subject to mandatory applicable law:
11.1 THE ABO CONSENTS THAT Amway may collect, retain, use, compile, pool, process and disseminate the information on this registration form and any and all other information provided by the ABO from time to time or otherwise related to it, electronically, manually or via telephone, with the exception of sensitive data (collectively referred to as, “personal data”). Specific examples of personal data for that the ABO consents to Amway’s collection, retention, use, compilation, pooling, processing and dissemination are (a) the ABO’s name, date of birth, gender, marital status, address, telephone number(s), fax number(s), e-mail address(es), number of children, birthdates of children, names of children, internet access abilities and habits, personal computer ownership, current/ previous/future professions, activities related to Amway or ABOs, personal interests, information related to the ABO’s purchases of products and/or internet usage, non-renewal, and/or satisfaction questionnaires, (b) answers to general health questionnaires that may amount to sensitive personal data; and/or (c) credit card, debit card, other payment and/or financial information which may amount to sensitive personal data and which will REQUIRE THE ABO’S EXPLICIT CONSENT in the space provided on the front of this registration form before processing. Such health data is relevant to Amway because Amway offers products which may be especially appropriate for individuals with specific health complaints or concerns and of which Amway would like to specifically inform the ABO if appropriate. Furthermore, Amway relies on such information from the users of these products to identify those for whom the products are especially appropriate;
11.2 Collection and/or use of sensitive personal data MAY REQUIRE THE ABO’S EXPLICIT CONSENT, which will be prompted as part of the ABO registration process, before such information is provided or collected. Sensitive personal data regarding health is relevant to Amway or its affiliates since Amway offers products that may be especially appropriate for individuals with specific health complaints or concerns and of which Amway or its affiliates would have to specifically inform the ABO if appropriate. Furthermore, Amway relies on such information from the users of products, to identify those for whom the products are especially appropriate. Sensitive credit card, debit card, other payment and/or financial information is relevant to Amway or its affiliates because they must have an understanding of the creditworthiness of an ABO as well as a verifiable form of payment from the ABO when he/she places product or service orders;
11.3 THE ABO CONSENTS that Amway may collect, retain, use, compile, pool, process and/or disseminate this personal data itself or through (a) its affiliates, subsidiaries, and/or divisions, as well as employees, (b) agents or Third Party contractors, including information systems contractors, data warehouse contractors, Third Party suppliers of products or services offered by Amway to the ABO, marketing and business consultants of Amway and banks, (collectively referred to as, “Third Parties”);
11.4 THE ABO CONSENTS that Amway and the Third Parties may use the ABO’s personal data for the purposes of (a) facilitating performance of this agreement; (b) contacting the ABO for further information; (c) improving Amway’s communication techniques and channels; (d) personalising the level, type and method of contact Amway has with the ABO; (e) evaluating the ABO’s satisfaction with current products and services offered by Amway; (f) improving products and services offered by Amway; (g) correction or amendment of the ABO’s personal data; (h) prevention of fraud; (i) debt collection; (j) tracking your ABO and those ABOs connected to you or your ABO; and (k) providing information on the purchase volumes and earned commissions and levels of awards of your ABO or ABOs connected with you or your ABO under the Amway Sales and Marketing Plan. Furthermore, Amway and the Third Parties identified above may use the ABO’s personal data for the purposes of tailoring product or service offers to the ABO or a group of individuals with the same characteristics as the ABO and/or compiling a demographic study, PROVIDED THAT THE ABO HAS EXPLICITLY CONSENTED in the space provided on the front of this registration form that the ABO’s information may be used for direct marketing and research purposes;
11.5 When necessary or appropriate THE ABO’S PERSONAL DATA MAY BE PROVIDED to Third Parties in accordance with the terms of such contracts, to enable Amway, its affiliates or Third Parties, to operate their business, or to perform any of their obligations under contracts with each other or the ABO. Similarly, Amway or its affiliates may disclose information to third parties when so ordered by a court of competent jurisdiction or when otherwise required by law. THE ABO SPECIFICALLY CONSENTS that Amway may disseminate such personal data to Third Parties or ABOs connected with the ABO or the ABO’s downline under the Amway Sales and Marketing Plan for the purposes stated above. All Third Parties who process your personal data will be contractually bound by Amway to respect the confidentiality of the ABO’s personal data and to use such data for no purpose other than as specified in said contract, which purposes will be no greater in scope than the purposes stated herein.
11.6 For the above-mentioned purposes, AS LONG AS THE ABO’S EXPLICIT CONSENT IS GIVEN in the space provided on the front of this registration form, such information may be processed, distributed and stored in data bases located in South Africa, the United Kingdom as well as other countries in the European Union, Australia and the United States of America and may, from time to time, be combined with other information retained by Amway or its affiliates and may be provided to other Amway affiliates in other countries and retained in their databases. No transfers of personal data outside of the above-listed countries will occur, except transfers among Amway’s affiliates, subsidiaries and/or divisions wherever such affiliates, subsidiaries and/or divisions are located and only when such affiliates, subsidiaries and/or divisions take measures to protect the security of the personal data equivalent to those outlined in Paragraph 11.8 below;
11.7 Amway is the data controller responsible for processing the ABO’s personal data. In accordance with applicable data protection laws, the ABO is entitled, upon request to Amway to receive information on the above-referenced personal data and to inform Amway of any false or incorrect data. Amway will take all reasonable steps to ensure that such data is rectified or erased and, as a general rule, will endeavour to ensure that personal data relating to registrations that have been terminated or have expired are deleted from our systems within three (3) years of termination or expiry. In addition, Amway may send the ABO questionnaires or notices containing certain personal data for the ABO’s review and correction. If sensitive data is not obtained directly from the ABO, the ABO will be informed prior to the processing of such personal data and the ABO’s consent, which may be revoked at any time, will be sought for such processing;
11.8 Amway shall maintain its data warehouse in a secured stand-alone server located in a controlled and secure area. Personal data will be available only to users employed or authorised by Amway, affiliates, subsidiaries and/or divisions of Amway, Third Parties and ABOs who can present identification and are approved users who have signed a declaration that they will not use the data for any purpose other than the purposes stated herein. Personal data stored electronically, will only be accessible to users employed or authorised by Amway, affiliates, subsidiaries and/or divisions of Amway, Third Parties and ABOs who have approved login identification numbers and password protection. Personal data that is stored electronically shall be backed up periodically. The backup data shall be retained in a second controlled and secure area.
11.9 All queries concerning the accuracy or use of personal data should be addressed to the Programme Manager, Amway South Africa (Pty) Ltd, Amway House, 71 Dock Road, Cape Town, 8001 or Private Bag X7, Waterfront, 8002.
12. EXPIRY OR CANCELLATION: IF THE ABO DOES NOT RENEW THIS AGREEMENT PRIOR TO THE EXPIRY THEREOF, THE ABO AGREEMENT SHALL EXPIRE, provided that Amway has notified the ABO in writing or any other recordable form of the impending expiry date, no more than 80, or less than 40 business days before the expiry date, which notice shall include any material changes that would apply if this agreement is to be renewed or otherwise continue beyond the expiry date. Should the ABO not direct Amway to terminate this agreement, it shall automatically continue on a month-tomonth basis, subject to any material changes of which Amway has given notice to the ABO in writing, unless the ABO expressly directs Amway to terminate the agreement on the expiry date or agrees to renewal of the agreement for a further fixed term. Despite any provision in this agreement to the contrary: (A) the ABO may cancel this agreement: (i) upon the expiry of its fixed term (without penalty or charge), or (ii) immediately, by giving Amway written notice; or (B) Amway may cancel this agreement (i) without cause upon the provision of at least 30 days written notice to the ABO, or (ii) by giving 20 business days written notice to the ABO of a material failure by the ABO to comply with the agreement, unless the ABO has rectified the failure within that 20 business day period.
13. GOVERNING LAWS, DISPUTES: This agreement shall be construed, governed and interpreted in accordance with the laws of the Republic of South Africa and should a dispute arise from this agreement, the parties shall negotiate in good faith with each other to resolve the dispute.
14. CHOSEN ADDRESS FOR SERVING DOCUMENTS AND NOTICES: The parties choose the addresses as set out overleaf (or as amended by notice in writing) as their respective addresses for the purposes of serving and receiving documents and notices.
1. ACCEPTANCE: This document, including the ABO Registration form overleaf, if completed accurately and in full and signed by the Applicant(s), if accepted and confirmed by Amway South Africa (Pty) Ltd (hereinafter referred to as “Amway”) in terms of this agreement, constitutes the ABO agreement between Amway and the Applicant(s) whose signature(s) and details appear overleaf. However, should this registration form be accepted by Amway, whether or not completed in full, the terms and conditions as set out in this agreement, will govern the relationship between Amway and the Applicant(s) whose details appear overleaf.
2. AGREEMENT: Upon acceptance of this registration form, Amway appoints the Applicant(s), the signatories overleaf, as Amway Business Owner(s) (hereinafter referred to individually and collectively as “ABO”) of Amway products and the ABO accepts such appointment on the terms and conditions herein and overleaf, which terms and conditions incorporate the Business Handbook and Rules of Conduct. The acceptance by Amway of this application for registration as an ABO is at the sole discretion of Amway.
2.1 THE ABO CONFIRMS THAT he/she is at least 18 years of age and has the legal capacity to enter into this agreement and carry out the duties under this agreement.
2.2 THE ABO CONFIRMS, upon completion o f thi s registration form , tha t the ABO has received a Business Kit, including a copy of the current Business Handbook and Rules of Conduct. THE ABO AGREES THAT the Business Handbook and Rules of Conduct form part of this agreement between the ABO and Amway, with effect from the date upon which Amway accepts this registration form. The terms and conditions of this agreement accordingly include every term and condition contained within the Business Handbook and every rule in the Rules of Conduct, as modified from time to time in accordance with Paragraph 8 below. However, should this registration form not be accepted by Amway, the ABO must, without delay, return the Business Kit as provided to the ABO in accordance with this agreement and a refund will be given to the ABO minus the handling fee provided for in this agreement.
2.3 The ABO undertakes to read and familiarise himself/herself with the contents of the Business Handbook and Rules of Conduct following the completion and signing of this registration form and before engaging in any activities as ABO in terms of this agreement.
2.4 In these terms and conditions, where the context so requires, “ABO” shall include “Distributor” as defined in the Business Handbook and Rules of Conduct and vice versa. Furthermore, unless otherwise stipulated, all capitalised terms herein shall have the meanings ascribed to them in the Business Handbook.
2.5 In the event of a conflict between the terms and conditions of registration and acceptance as an ABO and the terms and conditions in the Business Handbook and Rules of Conduct, the terms and conditions in the Business Handbook and Rules of Conduct shall take precedence and supercede these terms and conditions.
3. AUTHORISATION: Subject to the terms and conditions herein, and in the documents incorporated herein by reference, the ABO is authorised to buy and sell Amway products, sponsor others to do the same, and participate in the Amway Sales and Marketing Plan in the territory of South Africa/Namibia/Botswana.
4. RELATIONSHIP BETWEEN THE PARTIES: Nothing in this Agreement shall establish an employment relationship, or other labour relationship, between the ABO and Amway and nothing shall establish the ABO’s position as procurer, broker, mandatory, agent, contracting representative or other representative of Amway. When purchasing, selling, distributing and marketing AMWAY products, the ABO shall act as an independent contractor, acting in his/ her own name, for his/her own account and shall be liable for his/her own taxes. The ABO shall be entitled to describe himself/herself as an authorised distributor of Amway’s products following acceptance of this ABO registration form by Amway, but shall not at any time, describe himself/herself as an agent for the company or use any words that would indicate a relationship of agency as existing between the parties.
5. COMMENCEMENT AND TERM: This Agreement shall come into force on the date of acceptance by Amway of the Applicant’s registration form overleaf and by sending the ABO an ABO Identification Card. The ABO Identification Card is and shall remain the property of Amway and the ABO shall return it to Amway without delay upon termination or expiry of this Agreement. Unless earlier terminated by the ABO or Amway in the manner described in paragraph 12 below, this registration, if accepted by Amway on or before 30 June, is valid until 31 December of the year of acceptance or, if accepted after 30 June, is valid until 31 December of the calendar year following the year of acceptance.
6. RENEWAL: Subject to paragraph 5 above, you acknowledge that you are required to renew your Amway contract on an annual basis. The renewal must be in writing via a renewal form (downloadable from our website or can be faxed or emailed to you on request) which you must complete, sign and submit to Amway with payment of the appropriate renewal fee and/or as notified by Amway. You understand that the renewal will allow you to continue your activities as an ABO and such renewal shall reconfirm your undertaking to abide by all of the terms of your registration and acceptance as an ABO, including those set out in the Business Handbook and Rules of Conduct, as modified from time to time, in whole or in part. Amway reserves the right to accept or reject your application for renewal of your registration in its sole discretion.
7. COOLING OFF PERIOD: The ABO may cancel a transaction resulting from any “direct marketing” (as this term is defined in the Consumer Protection Act 68 of 2008, as amended) without reason or penalty, by notice to Amway in writing, or another recorded manner and form, within 5 business days from the date on which this agreement was concluded or the date on which the goods that were the subject of the transaction concluded pursuant to this agreement were delivered to the ABO whichever occured last.
8. MODIFICATION OF TERMS: Amway may modify the terms and conditions in this agreement, including the terms and conditions in the Business Handbook and Rules of Conduct, in whole or in part, by providing notice of such changes by publication on our website: www.amway.co.za, which the ABO has an obligation to read carefully. All modifications shall take effect from the date of publication or any later date expressed in the notification. THE ABO EXPRESSLY ACCEPTS THAT he/she will be bound by modifications to these terms and conditions as provided for in this agreement. But for the modification provided for in this paragraph, any other modification must be done in writing and signed by both parties.
9. CESSION AND ASSIGNMENT: The ABO may not assign, cede, delegate, transfer or otherwise make over the terms and conditions of this Agreement to any third party without the prior written consent of Amway.
10. USE OF NAME AND LIKENESS: THE ABO AUTHORISES AND CONSENTS to the use by Amway of the ABO’s name and likeness in any media produced or authorised by Amway for any lawful purpose, including but not limited to: use on the Internet (world wide web), in photography, in other audio-visual material, and in Amway brochures and advertisements, for marketing and other purposes. On the other hand, the ABO is not entitled to use the Amway trade name, trademark, service mark, design, symbol, copyrighted material or any other Amway asset, other than as set forth herein.
11. USE AND DISSEMINATION OF INFORMATION: Subject to mandatory applicable law:
11.1 THE ABO CONSENTS THAT Amway may collect, retain, use, compile, pool, process and disseminate the information on this registration form and any and all other information provided by the ABO from time to time or otherwise related to it, electronically, manually or via telephone, with the exception of sensitive data (collectively referred to as, “personal data”). Specific examples of personal data for that the ABO consents to Amway’s collection, retention, use, compilation, pooling, processing and dissemination are (a) the ABO’s name, date of birth, gender, marital status, address, telephone number(s), fax number(s), e-mail address(es), number of children, birthdates of children, names of children, internet access abilities and habits, personal computer ownership, current/ previous/future professions, activities related to Amway or ABOs, personal interests, information related to the ABO’s purchases of products and/or internet usage, non-renewal, and/or satisfaction questionnaires, (b) answers to general health questionnaires that may amount to sensitive personal data; and/or (c) credit card, debit card, other payment and/or financial information which may amount to sensitive personal data and which will REQUIRE THE ABO’S EXPLICIT CONSENT in the space provided on the front of this registration form before processing. Such health data is relevant to Amway because Amway offers products which may be especially appropriate for individuals with specific health complaints or concerns and of which Amway would like to specifically inform the ABO if appropriate. Furthermore, Amway relies on such information from the users of these products to identify those for whom the products are especially appropriate;
11.2 Collection and/or use of sensitive personal data MAY REQUIRE THE ABO’S EXPLICIT CONSENT, which will be prompted as part of the ABO registration process, before such information is provided or collected. Sensitive personal data regarding health is relevant to Amway or its affiliates since Amway offers products that may be especially appropriate for individuals with specific health complaints or concerns and of which Amway or its affiliates would have to specifically inform the ABO if appropriate. Furthermore, Amway relies on such information from the users of products, to identify those for whom the products are especially appropriate. Sensitive credit card, debit card, other payment and/or financial information is relevant to Amway or its affiliates because they must have an understanding of the creditworthiness of an ABO as well as a verifiable form of payment from the ABO when he/she places product or service orders;
11.3 THE ABO CONSENTS that Amway may collect, retain, use, compile, pool, process and/or disseminate this personal data itself or through (a) its affiliates, subsidiaries, and/or divisions, as well as employees, (b) agents or Third Party contractors, including information systems contractors, data warehouse contractors, Third Party suppliers of products or services offered by Amway to the ABO, marketing and business consultants of Amway and banks, (collectively referred to as, “Third Parties”);
11.4 THE ABO CONSENTS that Amway and the Third Parties may use the ABO’s personal data for the purposes of (a) facilitating performance of this agreement; (b) contacting the ABO for further information; (c) improving Amway’s communication techniques and channels; (d) personalising the level, type and method of contact Amway has with the ABO; (e) evaluating the ABO’s satisfaction with current products and services offered by Amway; (f) improving products and services offered by Amway; (g) correction or amendment of the ABO’s personal data; (h) prevention of fraud; (i) debt collection; (j) tracking your ABO and those ABOs connected to you or your ABO; and (k) providing information on the purchase volumes and earned commissions and levels of awards of your ABO or ABOs connected with you or your ABO under the Amway Sales and Marketing Plan. Furthermore, Amway and the Third Parties identified above may use the ABO’s personal data for the purposes of tailoring product or service offers to the ABO or a group of individuals with the same characteristics as the ABO and/or compiling a demographic study, PROVIDED THAT THE ABO HAS EXPLICITLY CONSENTED in the space provided on the front of this registration form that the ABO’s information may be used for direct marketing and research purposes;
11.5 When necessary or appropriate THE ABO’S PERSONAL DATA MAY BE PROVIDED to Third Parties in accordance with the terms of such contracts, to enable Amway, its affiliates or Third Parties, to operate their business, or to perform any of their obligations under contracts with each other or the ABO. Similarly, Amway or its affiliates may disclose information to third parties when so ordered by a court of competent jurisdiction or when otherwise required by law. THE ABO SPECIFICALLY CONSENTS that Amway may disseminate such personal data to Third Parties or ABOs connected with the ABO or the ABO’s downline under the Amway Sales and Marketing Plan for the purposes stated above. All Third Parties who process your personal data will be contractually bound by Amway to respect the confidentiality of the ABO’s personal data and to use such data for no purpose other than as specified in said contract, which purposes will be no greater in scope than the purposes stated herein.
11.6 For the above-mentioned purposes, AS LONG AS THE ABO’S EXPLICIT CONSENT IS GIVEN in the space provided on the front of this registration form, such information may be processed, distributed and stored in data bases located in South Africa, the United Kingdom as well as other countries in the European Union, Australia and the United States of America and may, from time to time, be combined with other information retained by Amway or its affiliates and may be provided to other Amway affiliates in other countries and retained in their databases. No transfers of personal data outside of the above-listed countries will occur, except transfers among Amway’s affiliates, subsidiaries and/or divisions wherever such affiliates, subsidiaries and/or divisions are located and only when such affiliates, subsidiaries and/or divisions take measures to protect the security of the personal data equivalent to those outlined in Paragraph 11.8 below;
11.7 Amway is the data controller responsible for processing the ABO’s personal data. In accordance with applicable data protection laws, the ABO is entitled, upon request to Amway to receive information on the above-referenced personal data and to inform Amway of any false or incorrect data. Amway will take all reasonable steps to ensure that such data is rectified or erased and, as a general rule, will endeavour to ensure that personal data relating to registrations that have been terminated or have expired are deleted from our systems within three (3) years of termination or expiry. In addition, Amway may send the ABO questionnaires or notices containing certain personal data for the ABO’s review and correction. If sensitive data is not obtained directly from the ABO, the ABO will be informed prior to the processing of such personal data and the ABO’s consent, which may be revoked at any time, will be sought for such processing;
11.8 Amway shall maintain its data warehouse in a secured stand-alone server located in a controlled and secure area. Personal data will be available only to users employed or authorised by Amway, affiliates, subsidiaries and/or divisions of Amway, Third Parties and ABOs who can present identification and are approved users who have signed a declaration that they will not use the data for any purpose other than the purposes stated herein. Personal data stored electronically, will only be accessible to users employed or authorised by Amway, affiliates, subsidiaries and/or divisions of Amway, Third Parties and ABOs who have approved login identification numbers and password protection. Personal data that is stored electronically shall be backed up periodically. The backup data shall be retained in a second controlled and secure area.
11.9 All queries concerning the accuracy or use of personal data should be addressed to the Programme Manager, Amway South Africa (Pty) Ltd, Amway House, 71 Dock Road, Cape Town, 8001 or Private Bag X7, Waterfront, 8002.
12. EXPIRY OR CANCELLATION: IF THE ABO DOES NOT RENEW THIS AGREEMENT PRIOR TO THE EXPIRY THEREOF, THE ABO AGREEMENT SHALL EXPIRE, provided that Amway has notified the ABO in writing or any other recordable form of the impending expiry date, no more than 80, or less than 40 business days before the expiry date, which notice shall include any material changes that would apply if this agreement is to be renewed or otherwise continue beyond the expiry date. Should the ABO not direct Amway to terminate this agreement, it shall automatically continue on a month-tomonth basis, subject to any material changes of which Amway has given notice to the ABO in writing, unless the ABO expressly directs Amway to terminate the agreement on the expiry date or agrees to renewal of the agreement for a further fixed term. Despite any provision in this agreement to the contrary: (A) the ABO may cancel this agreement: (i) upon the expiry of its fixed term (without penalty or charge), or (ii) immediately, by giving Amway written notice; or (B) Amway may cancel this agreement (i) without cause upon the provision of at least 30 days written notice to the ABO, or (ii) by giving 20 business days written notice to the ABO of a material failure by the ABO to comply with the agreement, unless the ABO has rectified the failure within that 20 business day period.
13. GOVERNING LAWS, DISPUTES: This agreement shall be construed, governed and interpreted in accordance with the laws of the Republic of South Africa and should a dispute arise from this agreement, the parties shall negotiate in good faith with each other to resolve the dispute.
14. CHOSEN ADDRESS FOR SERVING DOCUMENTS AND NOTICES: The parties choose the addresses as set out overleaf (or as amended by notice in writing) as their respective addresses for the purposes of serving and receiving documents and notices.