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General Terms and Conditions of Contract
Dear Independent Healy World Member,
Welcome to the Healy World family! These General Terms and Conditions contain important information about your role as an Independent Healy World Member (IHWM). We kindly ask you to read them carefully before agreeing to them digitally by checking the box. By agreeing to these terms, you are entering into a legally binding contract with Healy International B.V., located at Paterswoldseweg 806, 9728 Groningen, The Netherlands.
Additionally, the Healy World Compensation Plan, Healy World Rules of Conduct, and the Healy World Privacy Policy for IHWM are incorporated into this contract. All IHWMs must comply with these documents as part of their contractual obligations. Should you have any questions, please contact us at: contact.emea@healy.world.
1. Agreement to register as an Independent Healy World Member
1.1 Membership Application and Acceptance: By accepting this Agreement, you are applying for membership as an Independent Healy World Member (hereinafter “IHWM”). Membership is subject to the terms and conditions set forth in this document and the IHWM Agreement. Healy World reserves the right to reject your application at its sole discretion. Once Healy World accepts your application, a binding agreement is created between you (hereinafter “you”) and Healy International B.V., a Dutch company located at Paterswoldseweg 806, 9728 Groningen, The Netherlands (hereinafter “Healy World”).
1.2 Elements of the Agreement: This Agreement also includes the Healy World Compensation Plan, the Healy World Rules of Conduct and the Healy World Privacy Policy for IHWM. You can access these documents via your BackOffice or request physical copies. This contract also outlines the payment modalities through the iPayout platform.
1.3 iPayout account: All bonus payments are processed exclusively through an iPayout account that you use as your only payment method. The iPayout platform adheres to strict KYC (Know Your Customer) standards and failure to comply with the required checks will result in delays or withholding of payments. The iPayout platform is independent of Healy World and iPayout’s terms and conditions apply. More information can be found here: https://www.i-payout.com/terms-of-service. Please note that the iPayout account is managed by iPayout and not by Healy World. If you have any questions or problems in connection with iPayout, please contact iPayout Customer Service.
1.4 Membership Requirements: To be properly recognized as an IHWM, you must be of legal age and have the legal capacity to act and provide all documents (e.g., tax identification number or VAT number) as outlined by Healy World. Failure to comply may result in the rejection or suspension of your application.
1.5 Tax obligations: As an IHWM, you are solely responsible for complying with all tax obligations related to your income, including reporting and payment of taxes. Healy World assumes no responsibility for your tax liabilities.
1.6 Submission of evidence: If you fail to provide the required documents (e.g., proof of identity) within thirty (30) days of registration, Healy World reserves the right to suspend or terminate your membership and withhold any outstanding payments.
2. Term
This IHWM contract is concluded for a term of one (1) year and will automatically renew for successive one-year periods unless terminated by either party in accordance with the provisions of this Agreement.
Inactivity Clause:
IHWMs who are inactive for a period of twelve (12) months (e.g., have not logged into their BackOffice) may have their accounts deactivated for data protection reasons. Healy World will notify you in advance of this action. Upon account deactivation, any remaining bonuses will be forfeited and become the full property of Healy World.
3. Relationship with Healy
3.1 Independence: You are an independent contractor and must represent yourself as such in all public-facing communications, including on social media and at events. No employment, agency, or franchise relationship is created between you and Healy World under this Agreement. You must always identify yourself as an independent IHWM on social media and at events.
3.2 Compliance with law and standards: As an IHWM, you are obliged to comply with all applicable laws and regulations. This includes but is not limited to consumer protection, privacy laws (such as GDPR), and industry standards. Any breach of these obligations may result in the immediate termination of your contract and forfeiture of bonuses. You must avoid activities that could damage the reputation of Healy World, Healy® products or other IHWMs.
3.3 Use of Healy® Trademarks and Intellectual Property: You may not use Healy World’s name, trademarks or other intellectual property rights without the prior express written consent of Healy World. This also applies to the Healy name in your social media presence, blogs or events. All permissions are revocable and limited in scope. You must not create or use materials that could infringe Healy World’s intellectual property rights, including trademarks, copyrighted works, and trade secrets.
As an IHWM, you agree:
- To not take any action that may infringe Healy’s trademarks and copyrighted works or other intellectual property rights or undermine Healy’s goodwill associated therewith;
- Not to use any trademarks, logos, designs or other distinguishing marks that are similar to Healy’s and that could cause confusion. This includes any use of such similar marks in any material, advertising, stationery or other representation in connection with your Healy business; Not to promote or falsely associate third party trademarks and copyrighted works.
If you have any questions, please contact the Compliance Department.
3.4 Responsibility for costs: As an IHWM, you are fully responsible for all costs associated with the operation of your independent Healy World business. Healy World is not responsible for any of your business expenses.
3.5 Code of Conduct: As an IHWM, you are required to always adhere to the Healy World “Rules of Conduct”. Below are key highlights from the Code of Conduct:
- Re-registration After Termination: If your IHWM contract has been terminated, you may apply for re-registration as an IHWM after a minimum period of six (6) months, provided the termination was not due to a compliance violation.
- Press Inquiries: As an IHWM, you are not authorized to respond to any media or press inquiries concerning Healy World, including its products, compensation plan, or any other aspects of its business. All such inquiries must be immediately referred to Healy World’s designated Public Affairs’ team via email at public.affairs@healy.world for an official response.
- Market Restrictions: You may only promote and distribute Healy World products or sponsor new IHWMs in markets that have been officially opened by Healy World. Unauthorized market activity is strictly prohibited.
- Prohibition on Artificial Purchases: You are not permitted to purchase products for yourself or through third parties beyond your own genuine needs for the purpose of generating or simulating bonus claims.
- Accurate Information: It is your responsibility to ensure that your personal and contact details with Healy World are always current and accurate. Failure to do so may result in the suspension or termination of your account and the forfeiture of any outstanding bonus.
4. Benefits for IHWMs
As an IHWM, you receive significant benefits, to the extent that you fully comply with the provisions of the IHWM contract. These benefits include, among others:
4.1 Access to the BackOffice, Training and Marketing Resources: You have the right to access the BackOffice, online training academy, and marketing tools provided by Healy World.
4.2 Sponsoring and Advertising Rights: You may recruit new IHWMs and promote Healy products in compliance with Healy World’s marketing policies.
4.3 Bonuses: You may qualify for bonuses as per the Healy World compensation plan.
5. Termination
5.1 Termination by IHWM: As IHWM you have the right to terminate the IHWM contract at any time with immediate effect by written notice (also by e-mail) to Healy World. Final invoices will be issued after the end of the respective bonus period.
5.2 Termination by Healy World: Healy World reserves the right to terminate this Agreement immediately for any breach of contract, ethical rules, or legal obligations by you. If your contract is terminated for cause, any unpaid bonuses will be permanently forfeited. Healy World reserves the right to deduct any amounts owed by you to Healy World from your bonus payments, either partially or in full. You are only permitted to offset any claims you have against Healy World if those claims are undisputed or have been confirmed by a court of law.
6. Product purchase
6.1 Product description: A specific, clear and detailed description of each product offered by Healy World, including the features, price and availability of the product, will be provided on the official Healy website.
6.2 Changes and Suspensions: Healy World reserves the right to discontinue or suspend any product or product line and to change the prices of any product, subscription or service offered by Healy World at any time.
6.3 Terms and Conditions: Purchases of Healy® products are subject to the applicable Terms and Conditions found on the Healy World website.
7. Training material
The Healy training material is available to you in the BackOffice, as well as in your online training academy: https://academy.healy.world.
Healy World may also contact you via email or other communication channels as part of the contractual relationship to provide you with training materials about products or services we offer or intend to offer. You can find more information on this in our privacy policy.
8. Non-competition clause
As an IHWM, you agree not to sell competing products from the same category to other IHWMs or use Healy-sponsored events or resources to promote competing products. As an IHWM you may not:
8.1 Sell to non-sponsored IHWMs: Not sell or attempt to sell any products from the same business segment or category to an IHWM that you have not personally sponsored, whether or not for profit.
8.2 Inducing to sell: Not inducing, attempting to sell or encouraging the sale of these products to any IHWM that you have not personally sponsored, whether or not for profit.
8.3 Exploiting knowledge and connections: Not exploit your knowledge of or connection to another IHWM that you have not personally sponsored, including your knowledge from or related to your individual sponsorship line, to promote the sale of category-identical products to an IHWM, whether or not for profit.
8.4 Use of Healy events and media: Do not use Healy-sponsored events or media, whether or not designed to benefit IHWMs, to support or profit from the sale or promotion of category-identical products.
9. Payments and bonuses
Bonuses are paid out in accordance with the payment modalities and payment methods specified in the Healy World compensation plan.
9.1 iPayout: As stated in section 1.3, bonuses are paid out exclusively via an external iPayout account (e-wallet). In order to use an iPayout account, a separate contract must be concluded with iPayout, with the terms and conditions outlined during the registration process (i-payout | eWallet). This account is subject to iPayout’s separate terms and conditions. No payments can be made without an iPayout account; exceptions are not possible.
9.2 Settlements: The IHWM is obliged to check the statements issued immediately and to notify Healy World of any objections without delay. All bonus claims are based on the respective valid remuneration plan, which can be viewed in the BackOffice. Incorrect bonuses or other payments must be reported to Healy World in writing within fifteen (15) days of the incorrect payment. After expiry of this period, the bonuses or other payments are deemed to have been approved.
9.3 Expiry of bonuses: Bonuses under the compensation plan or promotions must be withdrawn no later than twelve (12) months after they are credited to the iPayout account. After this period, the entitlement to the amounts not withdrawn expires. These amounts are non-refundable and become the full property of Healy World.
10. Amendments to this contract
10.1 Amendments: Healy World reserves the right to modify the terms of the IHWM Agreement, in whole or in part, at any time. Such changes will be communicated by newsletter to IHWM, by notice in your BackOffice, by posting on the Healy World website, or by any other means of communication permitted by applicable law.
10.2 Effectiveness of changes: Any change will be effective as of the date specified in the notice, but not earlier than four (4) weeks after the notice, unless otherwise provided by applicable law.
11. No assignment
Neither the IHWM contract as a whole nor the individual rights and obligations arising under the IHWM contract may be assigned, delegated or otherwise transferred by you without the prior express written consent of Healy World.
12. Data protection
Your personal data will be processed by Healy World in accordance with our “Privacy Notice for IHWMs”. Please read the privacy notice carefully.
As an independent seller, you are obliged to comply with all applicable laws and data protection regulations. This includes, in particular, compliance with the EU General Data Protection Regulation (GDPR) and all national data protection laws. You must ensure that all personal data that you collect, process or store in the course of your work as an IHWM is handled lawfully, fairly and transparently. This includes implementing appropriate technical and organizational measures to protect data from unauthorized access, loss or misuse. In addition, you are obliged to inform data subjects of their data protection rights and, if necessary, grant them access to their data. You may be held personally liable in the event of breaches of these obligations.
13. Consent to the use of photographic and audiovisual material, use of recordings of materials and presentations
13.1 The IHWM grants Healy World the right, free of charge, to record and use photographic and/or audiovisual material containing his/her image, voice recordings or statements and quotations as part of his/her activities as IHWM. This also includes recordings and images from online webinars. By signing the IHWM application and acknowledging these General IHWM Terms and Conditions, the IHWM expressly consents to the publication, use, reproduction and modification of his/her quotations, recordings or images.
13.2 IHWM is prohibited from making audio, video or other recordings of Healy World-sponsored events, conference calls, speeches, meetings or online webinars for sales, personal or business purposes. IHWM may not record, make or compile audio or video presentations or recordings of Healy World events, speeches, conference calls, meetings or online webinars without the prior written consent of Healy World.
14. Confidentiality
Both parties agree to treat all confidential information received under this Agreement as strictly confidential. Confidential information includes all non-public, proprietary or sensitive data that one party provides or makes available to the other party, including but not limited to trade secrets, technical data, financial information, business plans, customer lists and other business information.
The obligations of confidentiality shall survive the termination of this Agreement for a period of five years. Confidential Information shall be exempt from this obligation if it:
- Was already publicly known at the time of disclosure or becomes publicly known after disclosure through no fault of the receiving party;
- Was lawfully known to the receiving party prior to disclosure by the disclosing party;
- Was independently developed by the receiving party without reference to the other party’s confidential information;
- Was lawfully provided to the receiving party by a third party without restriction on disclosure.
In the event of a legal obligation or court order to disclose confidential information, the receiving party shall promptly notify the disclosing party in writing to give the disclosing party an opportunity to seek appropriate protective measures.
15. Applicable law
The formation, construction, interpretation and enforceability of the IHWM Contract and all claims arising out of or in connection with the IHWM Contract shall be governed by Dutch law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
16. Dispute resolution
All disputes arising out of or in connection with this contract shall be settled in the first instance by mediation. If mediation fails, the dispute shall be settled by arbitration in accordance with the rules of the Netherlands Arbitration Institute.
17. Written form clause
Amendments or additions to this agreement must be made in writing and signed by both parties.
18. Exclusion of liability
18.1 Limited liability for simple negligence: Healy World’s liability is limited to cases of simple negligence, in particular in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies on and may rely. In such cases, liability is limited to typical, foreseeable damage. This limitation of liability also applies to damage caused by gross negligence on the part of employees or agents of Healy World who are not executive bodies or senior executives.
18.2 Exceptions to the limitations of liability: These limitations of liability are equally applicable to any claims for damages brought by IHWM against corporate bodies, executives, employees, or agents of Healy World.
However, these limitations of liability do not extend to claims for damages by IHWM arising from fraudulent intent, guarantees, the Product Liability Act, injury to life, body or health, or willful misconduct or gross negligence by the organs or executives of Healy World.
18.3 Compensation for futile expenses: The above limitations on claims for damages shall also apply accordingly to claims for reimbursement of futile expenses.
19. Severability clause
Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The contracting parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.
Ethical Rules
We warmly welcome you and wish you a lot of success and pleasure in your work as an Independent Healy World Member (“IHWM”) of Healy World. In the distribution of our products and the contract with other people, consumer friendliness and safety, seriousness, fair cooperation with each other as well as in the entire environment of network marketing and the observance of the law and good morals are always in the foreground for us.
Therefore, we ask you to read the following ethical rules and our General Terms and Conditions for Contractual Partners carefully and to take these guidelines as a guiding principle for your daily work.
Our ethical rules for dealing with consumers
As an IHWM, you must provide truthful, clear, and non-misleading information to customers. You are prohibited from making false claims about Healy products or compensation.
IHWMs introduce themselves truthfully by name and as an IHWM of Healy World at the beginning of the sales conversation in personal and telephone contact with the consumer without being solicited to do so. They also disclose the business purpose of their visit or call at the beginning of the sales conversation and make it clear which products or services are to be offered.
At the consumer’s request, a sales call is dispensed with, the conversation is postponed or a conversation that has begun is broken off in a friendly manner. IHWMs never behave in an intrusive manner. In particular, visits and telephone contacts must take place at appropriate times, unless the consumer has expressly requested otherwise. IHWM shall only call a consumer for advertising purposes with the consumer’s prior express consent.
During a customer contact, the IHWM shall inform the consumer about all points concerning the products offered and – at the consumer’s request – also about the sales opportunity. All information about the products must be comprehensive and truthful. An IHWM is prohibited from making misleading statements or promises in any form about the products.
An IHWM may not make any statements about products, their prices or contract terms unless they have been approved by Healy World.
The consumer will not be persuaded to purchase products by unreliable and/or misleading promises, nor by promises of special benefits if these benefits are linked to future, uncertain success. IHWMs shall refrain from doing anything that could induce the consumer to accept the offer made solely in order to do the provider a personal favor, to end an undesired conversation or to enjoy a benefit that is not the subject of the offer or to show gratitude for the granting of such a benefit.
An IHWM may not make any statements regarding his remuneration or the potential remuneration of other IHWMs. Furthermore, an IHWM may not guarantee, promise or otherwise create expectations of compensation.
IHWMs shall always take into account the lack of experience of commercially inexperienced persons and shall under no circumstances exploit their age or limited ability to understand in order to persuade them to conclude a contract. IHWM shall consider the financial capacity of customers as well as their ability to understand the language and shall refrain from any actions that could induce customers to place orders that do not correspond to their financial situation.
Our ethical rules for dealing with other IHWM
IHWM always treat each other fairly and respectfully. This also applies to dealings with sales partners from other competitors or other network marketing companies.
New IHWMs shall be informed truthfully about their rights and obligations.
IHWMs are not permitted to persuade other IHWMs to change sponsors. Change of sponsor is permitted under certain conditions. Further information can be found in the Code of Conduct “Rules of Conduct”.
Ethical rules for dealing with other companies
IHWM will always deal fairly and honestly with other competitors or other companies in the network marketing industry.
Disparaging, misleading or unfair comparative statements about other companies’ products or distribution systems are not permitted.
Healy World, one of the world’s most unique and innovative companies in the field of holistic healthcare technology, distributes high-quality health products such as the Healy®, the MagHealy™, Elements by Healy World® via an IHWM network. IHWM is authorized to conclude customer contracts for products and services on behalf of Healy World. For this activity, it is not necessary for the IHWM to make certain financial expenditures, to purchase/acquire a minimum number of products or other services from Healy World or for the IHWM to sponsor other IHWMs. The only requirement is free registration.
In addition, there is the possibility, but not the obligation, of recruiting other IHWMs. For the successful recruitment of new IHWMs and on their product sales, the IHWM receives a corresponding bonus if the required qualification is achieved. However, no bonus is expressly paid for recruitment. The bonus as well as the method of payment is based on the compensation plan in force at that time.
With the successful registration, Healy World provides the IHWM with training and personalized advertising tools as well as an online Back-Office and landing page that enables the IHWM, among other things, to have an updated and comprehensive overview of his brokered sales, bonus claims, settlements as well as the IHWM and downline developments.
November 2024
