Terms Of Use

General

1. By accessing the web site www.tupperware.co.nz (Web Site) you agree to be bound by these terms of use.

2. The Web Site is operated by Ultimately Organised Ltd

3. Tupperware reserves the right to modify, alter or otherwise update these Terms of Use at any time.

Personal Information

4. If you provide us with any personal information our Privacy Policy (available here) will govern how we’ll use or disclose that information.

Liability

5. This Web Site is provided “as is” and without express or implied warranties of any kind, including warranties of title or implied warranties of merchantability or fitness for any particular purpose. We don’t represent or warrant that the Web Site will be available on a timely basis, uninterrupted, or error-free. In no event will we be liable for any damage or loss of any kind based upon or resulting from any use or inability to use the Web Site (even if arising in negligence).

6. We do not warrant or guarantee the accuracy, adequacy or completeness of information contained on the Web Site, and expressly disclaim liability for any errors and/or omissions in this information and materials. You should seek independent professional advice in relation to any business opportunities or investments referred to on the Web Site. Nothing on this Web Site is intended to constitute investment advice.

7. You release Tupperware, to the maximum extent permitted by law, from any liability which may arise as a result of your use of the Web Site (or inability to do so), its content or the information contained therein.

Intellectual Property Rights

8. You may download material from the Web Site for your own personal and non-commercial use, provided you:

(a) keep all copyright and other proprietary notices on every copy you make; and

(b) use the material in a manner which complies with these Terms of Use.

9. Copyright in the Web Site is owned by Tupperware or its licensors, which reserve all such rights. To the extent permitted by law, your rights in relation to the Web Site are limited to accessing the Web Site and the rights granted under paragraph 8 above.

10. Brands referred to on this Web Site are subject to protection as registered or unregistered trade marks. You must not use those trade marks without express permission from Tupperware.

Links

11. The Web Site may contain links to third party web sites. Unless expressly stated Tupperware does not endorse, and is not responsible for, any content outside the Web Site.

Complaints and notifications

12. If you notice an error or suspect that any part of the Web Site infringes the rights of any person, please email us immediately and let us know about it.

Authorised Tupperware Consultant Terms & Conditions

1. Obligations

1.1 As an Authorised Tupperware Consultant I will:
(a) operate my business as an Authorised Tupperware Consultant in accordance with these Terms and Conditions;
(b) represent the Company in a sincere, honest and ethical manner;
(c) uphold the Tupperware name and its reputation for personal service, quality products and professionalism;
(d) actively promote Tupperware’s products, subject to these Terms and Conditions;
(e) not engage in any business practice which may reflect adversely on the public image or goodwill of my Director or the Company; and
(f) abide by the ‘Authorised Tupperware Consultant’s Code of Conduct’ attached.
1.2 I understand that if these Terms and Conditions change I will be notified of any change in writing by my Director or the Company, and that such change will take effect 30 days from the date of the written notice.

2. Training and support

I understand that:
(a) my Director will provide training and guidance through regular Training Classes which I will be invited to attend;
(b) weekly Sales Meetings will be held by my Director, which provide training and updates on new and current promotions and products;
(c) my Manager will take me on ‘Training Parties’ to learn how parties are conducted;
(d) the Company will make available for me to purchase promotional items, Host and Guest incentives, and limited product releases on a monthly basis to assist me to build my business; and
(e) the Company will make available for me to purchase product catalogues detailing range products available for me to promote and sell;
(f) I will assigned to the closest distributor within my geographical boundary point.
2.1 TupSocial free trial offer.
This offer (the ‘One Month Free Trial Offer’), which is made to you by Tupperware ANZ, entitles you to access
(a) the TupSocial service, including the platform, all available content, planning and scheduling tools, prospect centre, training modules, performance dashboard and support via the private TupSocial Australia & New Zealand Facebook group, AND
(b) the Online Lead Generator (OLG Connect) service for a period of one (1) calendar month from the moment that you activate such trial period by submitting your payment details when purchasing a Business Kit.
By submitting your payment details, you accept the new One Month Free Trial Offer and consent to us billing your consultant account in the amount of $14.95 per calendar month. If you decide that you do not want to become a paying user of TupSocial and

OLG Connect upon the lapse of the Free Trial Period, you will need to terminate your service by unsubscribing via your Consultant Profile in Empower.
You may only use this One Month Free Trial Offer once. Tupperware reserves the right, in its absolute discretion, to withdraw or to modify this One Month Free Trial Offer and/or its Terms and Conditions at any time without prior notice and with no liability.

3. Sale of product

3.1 I understand that the success of my Director, the Company and all Authorised Tupperware Consultants depends on direct selling to consumers. For this reason, I will: (a) actively promote Tupperware’s products;
(b) reward the Hosts of any Tupperware party I hold with appropriate gifts from Tupperware’s Host Gift programme when minimum qualifying sales (and party bookings) are placed at that party (qualifying sales include orders placed at the party by customers who were unable to attend the party); and
(c) contact customers who have registered on a customer update request list at regular intervals to update them on new Tupperware products and promotions and offers available to Tupperware customers.

3.2 I will:
(a) only supply, sell, display or promote Tupperware products in accordance with these Terms and Conditions;
(b) only award gifts from Tupperware’s Host Gift programme to the Hosts of a Tupperware party I hold;
(c) not award any gift from Tupperware’s Host Gift programme for the collection of orders from ‘catalogue’ or ‘paper’ parties; and
(d) identify myself and be known to my customers by my full name (i.e. first name and surname), including identification on all literature I distribute.

3.3 I will not:
(a) supply, sell, display or promote Tupperware products in unauthorised venues – eg markets, fetes, shows, shops or other retail premises without written authorisation from the Company,which will not be unreasonably withheld;
(b) supply, sell, display or promote any other company’s products whilst representing Tupperware at parties, kiosks or in any other Tupperware business activity; or
(c) permit or assist any person to do anything described in paragraph (a) or (b) above without authorisation from the Company, which will not be unreasonably withheld;

4. Advertising and media

4.1 I will:
(a) only use literature produced or authorised by the Company to supply, sell, display or promote Tupperware products or my business as an Authorised Tupperware Consultant;

(b) not advertise using any form of written or electronic communication including, but not limited to, spam e-mails, posters, websites or advertisements in any form of media (television, radio, print, press or electronic media) without written authorisation from the Company, which will not be unreasonably withheld. (I may however communicate with customers who have registered on a customer update request list without such authorisation); and

(c) not accept requests for media interviews or make comment on behalf of the Company, Tupperware products, people or party plan system to anyone in the media (including television, radio, print, press and electronic media) without written authorisation from the Company.

4.2 Nothing in clause 4.1 shall apply to my use of social media provided that use takes place in accordance with the Social Media Rules set out in
clause 5.

5. Social Media

5.1 When I use social media, I agree to comply with Tupperwareâ€TMs Social Media Rules, which comprise the following:
(a) I will use a closed Facebook Group as my primary social media channel for promoting my business as an authorised Tupperware Consultant and communicating with my customers. I may also (i) use other social media platforms provided that they are closed or private to communicate with my customers; and (ii) participate in online forums and Facebook groups as a Tupperware Consultant. The use of Facebook Marketplace and buy, swap and sell groups is not permitted. I will comply with all applicable terms of use which apply to the social media platforms I use.

(b) I will only use my personal Facebook profile (and any other personal social media accounts or profiles) sparingly to promote Tupperware, its products and business opportunity.
(c) I will only sell Tupperware products online via Tupperware’s in-house built online ordering system “Empower” at: https://empower.tupperware.com.au.

(d) I will not sell Tupperware products via any e-commerce, auction or classified website (such as Gumtree, Trade Me or eBay) other than Empower.
(e) I may share on social media my own videos, photos and experiences as a Tupperware Consultant and conduct Facebook Live streams. I acknowledge that the Company makes available a Social Media Kit which contains new content each month which I may also use to create posts and social media content. I agree not to conduct my own promotions or giveaways.

(f) When interacting with the Company’s official Australia/New Zealand Facebook page, I will not (i) collect customer orders from the comments section; (ii) message Facebook users who have “liked” the Company’s official Facebook page directly; or (iii) make disparaging comments about the Company, its products, systems, promotions or my experiences as a Consultant. I may share the Company’s posts with my own closed Facebook group and may answer Facebook users’ questions or complaints on the Company’s official Facebook page when I know the answer.

6. Financial responsibility

6.1 I will place a minimum level of orders with my Director (to be notified to me) each Quarter in order for my account to remain open.
6.2 I understand my Director will provide me with a full itemised invoice for each order I am supplied with, detailing charges and costs I am responsible for within the consignment credit terms. Pay off my Kit within 28 days of receiving my Kit and I will pay my account on the due date to my Director.

7. Intellectual property

7.1 I acknowledge that the Tupperware logo(s), images and trade marks, and copyright in them, are owned or licensed by companies in the Tupperware group of companies.
7.2 I will not use or reproduce the Tupperware logo and/or images without written authorisation from the Company. Similarly, I will not register or use any internet domain name which includes recognisable portions or variations of the Company’s trademarks. 7.3 I will not use or permit or assist any person to use any Intellectual Property* owned by or licensed to the Company to:

(a) adversely affect the Company; or
(b) benefit any other person or company in any way, without written authorisation from the Company.
7.4 Upon termination of my appointment as an Authorised Tupperware Consultant, I will return any and all material (written, electronic or otherwise) containing any Intellectual Property owned by or licensed to the Company, to my Director or the Company. * Intellectual property means any and all copyright, trade marks, patents and designs and other industrial and intellectual property rights including know-how such as training material or technical data and confidential information owned by or licensed to the Company or any other member of the Tupperware group of companies anywhere in the world in which the products or business are represented.

8. Confidential information

I will not divulge any Confidential Information* to any person without authorisation from the Company or my Director (as appropriate) either while I am an Authorised Tupperware Consultant or after I cease working as an Authorised Tupperware Consultant. * Confidential information means any information that the Company and/or my Director provide to me or that I otherwise acquire that is confidential to the Company or my Director including, but not limited to, confidential information relating to the Company’s or my Director’s customers, products, business or method of carrying on business to assist me to operate as an Authorised Tupperware Consultant.

9. Compliance with all applicable laws, regulations etc

I will conduct my business as an Authorised Tupperware Consultant in a lawful way, adhering to all laws and legislation governing the State, Territory and Country in which I reside.

10. Privacy

10.1 I will:
(a) comply with the Privacy Act 1988 (Cth) (Privacy Act) (1993 in NZ) and other privacy laws when collecting personal information (including names, addresses, contact details and financial details) while operating as an Authorised Tupperware Consultant;
(b) ensure that the information collected from customers is relevant to my Tupperware business;
(c) ensure that the information collected from customers is not disclosed to any parties outside the Tupperware organisation;
(d) return all records containing personal information collected from customers (including, but not limited to, guest log, customer survey sheets, customer address books) to my Director if I leave the Tupperware business.
10.2 My Director and/or the Company will collect personal information about me in connection with my activities as an Authorised Tupperware Consultant. I consent to the processing of my information as necessary for conducting business between us, award and recognition calculations, as well as being contacted by my Director and/or Company for commercial purposes.
10.3 I consent to the copyright, use and publication of any photograph, audio or video recording of me made by the Company or my Director for the purposes of publicity, advertising or training material.

11. No soliciting

I will not solicit, persuade, encourage or permit any other Authorised Tupperware Consultant or Manager to supply, sell, display or promote the products of another direct selling company while I am an Authorised Tupperware Consultant and for six months after I cease working as an Authorised Tupperware Consultant.

12. Indemnity

I agree to indemnify the Company and my Director against any claim, loss or expense which it incurs or sustains as a result of any negligent or unlawful act by me or authorised by me (including any failure by me to act).

13. Independent contractor relationship

13.1 My relationship with my Director and the Company is one of independent contractor. I understand that I am not a partner, employee or agent of either and that I cannot bind, or attempt to bind, my Director or the Company in any way.

13.2 As an independent contractor, I set my own work hours. If I commit to manning an event, such as a Kiosk, I will of course honour that commitment. However, the decision to work those hours is my own.
13.3 I will not incur, create or assume any contract, expense, debt, obligation, liability or responsibility on behalf of, or in the name of my Director or the Company.

13.4 As an independent Authorised Tupperware Consultant, I am solely responsible for operating my business. Neither my Director nor the Company makes any representations to me in relation to the success or otherwise of my business as an Authorised Tupperware Consultant.

14. Termination

14.1 My Director, the Company or I may terminate my appointment as an Authorised Tupperware Consultant for any reason at any time by giving 30 days notice in writing to the other parties to that effect.
14.2 My Director or the Company may terminate my appointment as an Authorised Tupperware Consultant if I fail to comply with any of these Terms and Conditions and do not rectify that failure within 14 days of receiving notice in writing of such failure from my Director or the Company

14.3 Upon termination of my appointment as an Authorised Tupperware Consultant I will: (a) cease supplying, selling, displaying or promoting Tupperware’s products;
(b) promptly settle any amount that remains outstanding on my account; and
(c) return all material in accordance with these Terms and Conditions.

14.4 After termination of my appointment as an Authorised Tupperware Consultant (for any reason), I will not say or imply to others that I am an Authorised Tupperware Consultant or that I have any connection with my Director or the Company.

15. Entire agreement

I acknowledge that these Terms and Conditions and the terms of the Kit Agreement Form (where applicable) contain the entire agreement between me, my Director and the Company and supersede all prior agreements and understandings between us in connection with my appointment as an Authorised Tupperware Consultant.

16. Governing law and jurisdiction

These Terms and Conditions are governed by the laws of Victoria, Australia / New Zealand.* Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these Terms and Conditions
* Delete Victoria, Australia if the Consultant is located in New Zealand or New Zealand if the Consultant is located in Australia.

I agree to abide by and comply with terms of these New Authorised Consultant Terms and Conditions.
Authorised Tupperware Consultant Terms & Conditions Valid from March 2020

Authorised Tupperware Consultant Code of Conduct

This code of conduct details business practices for all Authorised Tupperware Consultants as a guideline to protect the image and reputation of the Tupperware brand, so all Authorised Tupperware Consultants can take pride in being associated with a professional, reputable and trust-worthy company.

Whilst representing Tupperware, I will:

  • Dress in a businesslike manner (i.e. no jeans, leggings, sloppy-joes etc) appropriatefor the conduct of my business
  • Always be well groomed, including hair and nails
  • Conduct myself in a professional, businesslike manner
  • Support and adhere to the Company run promotional programmes as these havebeen strategically structured to increase my business and support the Company’smarketing plan.
    In order to ensure my Host, guests and customers have a ‘quality Tupperware experience’, I will endeavour to learn as much as possible about Tupperware’s products, party plan system and Company through taking advantage of:
  • Company run events
  • Sales meetings and training classes held by my Director
  • Unit meetings held by my Manager.In consideration for my Manager, Director and fellow Authorised Tupperware Consultants, I will:

• Not take my children to Tupperware parties, sales meetings, unit meetings or Company run events, unless I have specific permission from my Manager, Director or the Company.

If, for any reason, I am unable to hold a Tupperware party which I have booked, I will contact my Manager or Director at the first opportunity, to make arrangements for another Authorised Tupperware Consultant to hold it on my behalf. I understand that I will be compensated by either:

  • 10% of the retail sales paid to me (once minimum qualifying party sales are achieved, the delivery is complete and all money has been collected) by the Authorised Tupperware Consultant who held my party, or
  • Receipt of the first party booking, booked from that party.
    In the running of my business, I will respect and support my fellow Authorised Tupperware Consultants by honouring the intent and spirit of the Company’s ‘Authorised Tupperware Consultant Code of Conduct’.

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