TERMS AND CONDITIONS OF APPOINTMENT AS AN AUTHORISED INDEPENDENT CONSULTANT

(version valid as of 1 December 2021)

 

Any person who signs up to be an Authorised Independent Consultant of Pres Les (Pty) Ltd situated at 3 Wilge Road, Claremont, 7708, Cape Town, South Africa (“Pres Les”) shall be subject to these Terms and Conditions, hereafter referred to as “the Consultant”/” a Consultant” . Pres Les may amend these Terms from time to time, and such changes will be communicated to the Consultant prior to becoming effective. The continued performance by the Consultant of his/her duties after such changes become effective will be regarded acknowledgement and an agreement to abide by such changes.

 

Application

  • These terms (including the Terms and Policies incorporated herein) shall be valid as of the date specified at the head hereof and may be amended by Pres Les from time to time. Such amendments will be communicated to the Consultant prior to becoming effective. The continued performance by the Consultant of his/her functions, as described herein, after such changes are stated to become effective, will be deemed as acceptance of such changes. If the Consultant does not agree to such changes, s/he must notify Pres Les immediately, whereupon the Consultant’s appointment to act as a Pres Les Consultant will be terminated.
  • These terms consist of three parts. The first part (Part A) contains the terms and conditions governing the Consultant’s appointment as an authorised independent consultant of Pres Les. The second part (Part B) governs the use by the Consultant of the Pres Les Mobile Application Software (if applicable) and the third part (Part C) contains general terms governing the Consultant’s appointment hereunder.

 

Part A: Appointment as Authorised Independent Sales Consultant for Pres Les

  • 1. Appointment
    • 1.1. The Consultant fully understands that s/he is only allowed to sell the Company’s products as a Consultant, and the Company at its sole discretion and without giving any reason may decline my application.
    • 1.2. The Consultant will with effect from the date upon which s/he has been notified by Pres Les that s/he has been accepted as an authorised independent consultant of Pres Les be permitted to facilitate the sale of Pres Les products (“Products”) to interested persons (“Customers”) in accordance with these terms.
    • 1.3. The Consultant agrees to abide by the prevailing DSASA Code of Ethics (published by Direct Selling Association of South Africa and currently available at https://www.dsasa.co.za/code_of_conduct in the execution of his/her duties for Pres Les and in particular in relation to his/her interactions with Customers as contemplated under clause 2, the code (titled “Conduct for the Protection of Customers). It is the Consultant’s responsibility to ensure that s/he has knowledge of and abides by the DSASA code of ethics (and any amendments thereto), notwithstanding that the above link to the code may be un-operational.
    • 1.4. The Consultant has been made aware of the Company’s Rules, Procedures and Policies, as stated in the “Getting Started with Pres Les” guide and agrees to abide by these.
  • 2. Duties of the Consultant
    • 2.1. The Consultant will use its best efforts to market and facilitate the sale of Products to Customers in accordance with these terms.
    • 2.2. The Consultant will comply with the marketing and other policies of Pres Les as may be made known to her/him from time to time in relation to the selling of Products, including its Policies with respect to the use of its brand and, trademarks and the making of representations and offering of demonstrations to Customers in relation to Products.
    • 2.3. The Consultant shall not:
      • 2.3.1 represent that s/he can bind Pres Les in any manner whatsoever;
      • 2.3.2 make any warranties or representations with respect to the Products other than as made by Pres Les with respect to the relevant Products, or which has been approved by Pres Les in writing with respect to specific Products;
      • 2.3.3 appoint or permit any other person to perform his/her functions or duties on his/her behalf;
      • 2.3.4 permit any other person to use the materials provided by Pres Les to the Consultant;
      • 2.3.5 use any unauthorised marketing or promotional materials relating to Pres Les or its Products; or
      • 2.3.6 engage in any illegal, deceptive, misleading or unethical practices in the course of performing his/her duties hereunder.
    • 2.4. All information received by the Consultant in connection with the performance of its duties hereunder, including relating to Customers shall constitute the confidential information of Pres Les, and the Consultant may not use such information for any purpose other than to the extent required to fulfil his/her duties to Pres Les. Without limiting the aforesaid, the Consultant is not permitted to share or distribute such information and shall not acquire any rights thereto. The Consultant accordingly agrees to refer to Pres Les, all queries relating to the personal information of Customers held by Pres Les, including which has been gathered or received by the Consultant in the execution of his/her duties for Pres Les and agrees to abide by the Protection of Personal Information Act (Act 4 of 2013) POPIA.
  • 3. Placing Orders for Pres Les Products
    • 3.1. The Consultant will enable Customers wishing to make a purchase of Products to place orders for the relevant Products (“Orders”) directly with Pres Les in the manner described in this clause 4 or as otherwise directed by Pres Les, in writing from time to time.
    • 3.2. Pres Les will in its sole and absolute discretion accept, decline or cancel an Order of a Customer submitted by a Consultant and such decision of the Company will be final.
    • 3.3. The Consultant will submit Orders to Pres Les in the prescribed manner.
    • 3.4. It is the Consultant’s responsibility to ensure that the information supplied by the Customers in connection with their Orders is complete and accurate.
    • 3.5. For Orders submitted to Pres Les electronically using the Pres Les Mobile App (“Mobile App”), it is the Consultant’s responsibility to ensure that:
      • 3.5.1. her/his mobile device is capable of accessing the internet and the Mobile App;
      • 3.5.2. the passwords/user ID’s issued by Pres Les to the Consultant to enable access to the Pres Les Platform is confidential and is not made known to or, used by any other person; and
      • 3.5.3. that the Consumer completes all steps required to complete an Order as prescribed on the Pres Les Platform to enable Pres Les to log the Order and ship the Products to the Consumer.
  • 4. Pres Les Business Kit
    • 4.1. Upon her/his appointment in terms hereof the Consultant will receive a Pres Les Business Kit (“Business Kit”) consisting of the following items:
      • Business Kit Bag
      • 2 x Join the Pres Les Team leaflets
      • Pres Les Rose
      • Administrative File
      • Pen
      • Calculator
      • Lanyard
      • Tape Measure
      • Pres Les Badge
      • Swatches
      • Welcome Letter
      • Dream Book
      • 2 x Joining Forms
      • Price List
    • 4.2. The Consultant will in consideration for the supply and use of the Business Kit pay to Pres Les:
      • 4.2.1. a once-off registration fee which shall become due upon the Consultant receiving the Business Kit; and
      • 4.2.2. a monthly rental fee, commencing with the second commission period, for the duration of the Consultant’s appointment as a Consultant hereunder.
    • 4.3. The fees referred to under 5.2 (“Fees”) and the basis upon which such Fees will be payable will be made known to the Consultant upon his/her signing up with Pres Les to become a Consultant. Pres Les reserves the right to adjust the rental Fees from time to time.
    • 4.4. Pres Les may from time to time provide additional materials to the Consultant to aid Consultant in the marketing and promotion of Products (for example marketing materials, fabrics, catalogues and the like). Such additional materials shall for all purposes hereunder be deemed to form part of the Pres Les Business Kit.
    • 4.5. The Consultant shall not use or permit any Pres Les Business Kit item to be used for any purpose other than in the fulfilment of its duties as a Consultant of Pres Les in terms hereof.
  • 5. Payment
    • 5.1.The Consultant confirms that the Company’s commission system has been fully explained and understood by him/her.
    • 5.2.The Consultant will receive a commission in respect of each Order which has been duly accepted by Pres Les with the assistance of the Consultant. The commission shall be calculated in accordance with the prevailing Commission Policy of Pres Les at the time the Order is accepted.
    • 5.3. Fees or other amounts due to Pres Les in consideration for the supply of the Pres Les Business Kit and for providing additional materials to form part of the Pres Les Business Kit will become due and payable on a monthly basis provided the Consultant has successfully facilitate a sale of Products during such month.
    • 5.4. Pres Les may deduct such fees or other amounts due from the commission to be paid to the Consultant.
    • 5.5. Pres Les may from time to time change or amend its Policies with respect to the payment of commissions and charging of fees for the Pres Les Business Kit. Such changes shall be notified to the Consultant and will come into effect upon the date stated in such notice.
  • 6. Use of Consultant’s Personal Information by Pres Les
    • 6.1. Pres Les may use the personal information of the Consultant, which is submitted by the Consultant to Pres Les, or which is collected by Pres Les from third parties and public accessible sources such as public registers, credit bureaus, amongst others for purposes of enabling Pres Les to appoint and make use of the services of the Consultant as described in these terms, as well as for such other purposes as may be agreed to by the Consultant. Without limiting the aforesaid, the Consultant consents that Pres Les may contact the Consultant for all purposes in connection with the Consultants appointment via the following channels:
      • 6.1.1. telephonically; or
      • 6.1.2. by email; or
      • 6.1.3. in-App and push notifications; or
      • 6.1.4. via WhatsApp or SMS.
    • 6.2. The Consultant may at any stage contact Pres Les and in terms of POPIA to:
      • 6.2.1. verify which records Pres Les holds about the Consultant;
      • 6.2.2. if processing of the Consultant’s information is based on the Consultant’s consent, withdraw such consent at any time, provided that this shall not affect the lawfulness of processing which occurred prior to such withdrawal; and
      • 6.2.3. require Pres Les to correct, erase or cease processing his/her personal information which Pres Les is no longer permitted to retain, or which is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or which has been unlawfully obtained.
  • 7. Termination
    • 7.1. Pres Les may terminate the Consultant’s appointment as a Consultant at any time, and will do so if the Consultant:
      • 7.1.1. commits any breach of its duties hereunder;
      • 7.1.3. contravenes the DSASA Code of Ethics;
      • 7.1.4. acts as a sales representative or agent of other direct sellers where such appointment is deemed by Pres Les to be harmful to it;
      • 7.1.5. is found to be involved in any act of dishonesty, fraud or other criminal activities; or
      • 7.1.6. if the Consultant brings Pres Les into disrepute or, is found to have otherwise engaged in activities which reflect unfavourably on Pres Les.

 

Part B: Pres Les Mobile App

  • 1. End User Licence
    • 1.1. The Terms and Conditions set out in this Part B govern the use of the Pres Les Mobile Application Software (“Pres Les App”). Accordingly, if the Consultant downloads the Pres Les App his/her use thereof will be subject to these terms. The Consultant may not make use of the Pres Les App if s/he does not agree to abide by these terms. If your appointment as a Consultant under Part A of these Terms is terminated for any reason, you may not continue to use the Pres Les App in any manner, and must immediately uninstall the Pres Les App and, delete any copies thereof which may be in your possession.
    • 1.2. Pres Les hereby grants to the Consultant, subject to his/her compliance with clause 2 below, a personal, nonexclusive, non-transferable licence to install the Pres Les App in the form, as made available to him/her on a single mobile cellular device and to use the Pres Les Mobile App in accordance with the Terms contained in this Part B and only for purposes of performing his/her duties under Part A.
  • 2. Mobile App Usage Terms
    • 2.1. The Consultant’s use of the Pres Les App will be subject to the following:
      • 2.1.1. S/he may only install only one copy of the Software on one mobile cellular device that is exclusively used by him/her for his/her personal use only. The Consultant warrants that s/he is the owner or authorised user of the mobile device on which the Pres Les App is installed and acknowledges that s/he will be responsible for all operations performed using the Mobile App as implemented on such mobile device. The Consultant must notify Pres Les immediately if s/he becomes aware of unauthorised use of the Mobile App.
      • 2.1.2. No copyright or other intellectual property or proprietary right is transferred to the Consultant and no license or right is granted to the Consultant with respect to the Mobile App other than as provided for in this Part B. Save as expressly stated in clause 1.2 of this Part B, the Consultant shall not and shall not permit anyone else, to (a) copy, reproduce or modify the Mobile App, create derivative works based on the Mobile App, or adapt, transcribe or merge with other software the Mobile App or any portion thereof; (b) market, sell, share, rent, lease, sublicense, disseminate, distribute or otherwise transfer the Mobile App or any portion thereof or, permit the use thereof, for the benefit of any third party; (c) decompile, disassemble or reverse engineer any part of the software or attempt to do so; (d) remove, alter, conceal or obscure any proprietary notice or marking incorporated in or on the Mobile App; or (e) use the Mobile App for any unlawful purpose.
      • 2.1.3. Upgrades and updates of the Mobile App that may be made available to the Consultant replace the earlier releases of Mobile App, made available to the Consultant, and are not additional thereto. The Consultant shall promptly install upgrades/updates of the Mobile App which are made available to the Consultant. All upgrades and/or updates shall be subject to the Terms and Conditions contained in this Part B.
      • 2.1.4. In order to access and use the Mobile App, you may be required to input an access code. Pres Les may withdraw or disable access codes at any time and will do so if it believes the Mobile App is being used unlawfully or in breach of these terms. The Consultant is responsible for all operations performed using the access codes issued to it by Pres Les. The Consultant must notify Pres Les immediately if it becomes aware of unauthorised use of the Mobile App.

 

Part C: General

  • 1. Liability and Disclaimers
    • 1.1. The Consultant hereby indemnifies Pres Les against all losses, costs, liabilities and damages (“Loss”) suffered or incurred by Pres Les relating to any third-party claims where such loss is attributable to the failure by the Consultant to comply with these Terms.
    • 1.2. The Mobile App is provided “as is”. Pres Les expressly disclaims, to the maximum extent permitted by the law, all representations and warranties with respect to the Mobile App, whether express or implied, and specifically and without limitation, disclaims that the software is non-infringing or free from viruses or errors or that it will function without interruption and also expressly excludes any implied warranties of satisfactory quality and fitness for a particular purpose, to the maximum extent permitted by the law.
  • 2. Entire Agreement
    • These Terms and the Terms incorporated herein by reference, contain the entire agreement between Pres Les and the Consultant relating to the Consultant’s appointment. No other Terms and Conditions contained in any other document shall apply to or govern Consultant’s appointment as a Consultant of Pres Les, unless agreed to in writing and signed by an authorised representative of Pres Les. Hyperlinks which are not operational will not detract in any way from the validity and interpretation of these Terms.
  • 3. Independent Contractor
    • The Consultant shall not represent that s/he is an employee of Pres Les, and furthermore shall not represent that s/he is an agent other than for the limited purposes described here.
  • 4. Governing Law
    • These Terms are governed by and will be interpreted in accordance with the laws of South Africa.
  • 5. Waiver
    • No waiver of any of these Terms or Conditions will be effective unless reduced to writing, and no waiver shall prevent Pres Les from enforcing the relevant Terms or Conditions.
  • 6. Severability
    • Where any of the provisions of this Agreement are held to be invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision eliminated.