Terms and Conditions | The Wisdom Trust
THE WISDOM TRUST

Terms and Conditions


TERMS AND CONDITIONS

Members using The Wisdom Trust website are governed by the Terms and Conditions of The Wisdom Trust Member Agreement and by the Organisation’s Rules & Procedures as detailed on the website, and amended or replaced from time to time by The Wisdom Trust.

COPYRIGHT

The Wisdom Trust are the owners of the copyright (and database rights) in this website and all material within it, including content, design, text, graphics, photographs, software compilations and source codes. The Wisdom Trust is the owner of the trademarks appearing on this website and all associated tradenames, logos and devices, unless indicated to the contrary.

LIMITATION OF LIABILITY

In no event shall The Wisdom Trust be liable for any direct, indirect, incidental, special or consequential damages, arising out of the use of or inability to use The Wisdom Trust website, even if The Wisdom Trust or an authorised representative of The Wisdom Trust has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall The Wisdom Trust.'s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, in applying for permission, through membership of The Wisdom Trust, to use or access this website.


Member Agreement


MEMBER AGREEMENT

Upon acceptance of this agreement by The Wisdom Trust and in consideration of The Wisdom Trust granting to the Member named on the application form, the non-exclusive right and privilege to use and promote The Wisdom Trust programme, the Member hereby agrees to the following terms and conditions.

A: DEFINITIONS

1. The Organisation means The Wisdom Trust.

2. The Member means the person or organisation named on the application form attached.

3. The Rules & Procedures means the Organisation’s Rules & Procedures, as detailed on the website, and amended or replaced from time to time by the Organisation.

4. The Project means the opportunity to raise funds for the Member’s chosen charity or good causes, as well as for their own personal Wisdom Trust charity/grant fund for their own use or on behalf of their own favourite charity or good cause.

5. The Network means the The Wisdom Trust network of members.

6. The Trade Mark(s) and Tradename(s) means any existing or future registered or unregistered trade marks or tradenames respectively,.owned by, or licensed to the Organisation and applied to any part of the Project, and they shall be construed accordingly.

7. The Marketing Plan means the document attached to this Agreement.

8. Group Bonus Line, Sponsor and Downline Member have meanings respectively applied to them in The Marketing Plan.

9. The Membership means the Members’ rights and position within the Network granted by the Organisation to the Member pursuant to this Agreement.

10. This Agreement means the application form attached, the Terms and Conditions, the Rules & Procedures and the Marketing Plan, each of which documents is incorporated by reference into this Agreement.

11. The Annual Anniversary Month means the annual re-occurrence of the month in which the Membership was initially accepted by the Organisation.

12. Fund means the individual charity/grant fund account opened by the Organisation on the Member’s behalf into which monies may from time to time accrue as a result of their efforts in both using and promoting the Organisation’s website.

B. GENERAL

1. This agreement will take effect upon the date of acceptance by the Organisation for a period until the end of the annual anniversary month after such acceptance has occurred or until such other period as the Organisation may, in its discretion, specify from time to time.

2. This agreement must be renewed, on expiry, by completing and submitting to the Organisation an annual renewal application. This renewal application is due on the first day of the Annual Anniversary Month, but if it has not been received by the Organisation by the last day of that month, then the membership will not be renewed and will terminate on expiry, the effective date of termination being the last day of the Annual Anniversary Month.

3. Upon the death of a member, the rights and responsibilities of this Agreement may be passed to the rightful heir(s) who shall be eligible to accept the Membership position on the terms and conditions of this agreement as if they were a party thereto. The Organisation reserves the right to suspend the Membership position until receipt of documentation evidencing the entitlement of the heir to the deceased Member’s position. The Organisation shall be entitled to require any beneficiary wishing to accept the Membership position to sign an Agreement.

C. OBLIGATIONS OF THE MEMBER

The Member agrees:

1. To use their best endeavors to promote and market the Project to their friends, family, colleagues and to other contacts where appropriate.

2. Should the Member introduce other Members, they should use their best efforts to provide on an on-going basis, bona fide support and training of both personally-sponsored Members and their downline. This shall include such activities as ongoing contact, communication, encouragement and support of their whole network including, but not limited to, providing information and training to personally-sponsored Members in connection with the legislative and regulatory requirements to be complied with in the United Kingdom and in all other countries where The Wisdom Trust becomes active.

3. To promote the concept of The Wisdom Trust at all times in an ethical and lawful manner and not to make any exaggerated, misleading or false claims about the fundraising opportunity within the website, or about the Marketing Plan and not to do anything which would adversely reflect on or affect the Organisation or any of its other members. In particular, but without limitation, the Member understands that all members are not guaranteed any specific amounts of grant entitlement for their own Fund and that any such entitlement and success will depend on the efforts of the Member in using the website themselves and on the usage of the website by other members within the Member’s Downline. The Member agrees not to make any claims relating to possible grant entitlement that may be achieved through the promotion of the Project or from the participation in the Network, other than using factual data based on their own personal experience and not to imply that such figures are guaranteed or easily achieved.

4. Not to imply that they are a trustee, officer, employee or owner of the Organisation. The Member cannot and shall not purport or attempt to bind or contract on behalf of the Organisation in any manner, nor pledge the credit of or otherwise incur any liability on behalf of the Organisation.

5. That they work independently and nothing in this Agreement shall constitute a contract of employment or an employee/employer, partnership or venture relationship. The Member shall be responsible for the fling of all tax returns and paying their own income taxes, duties, whatsoever which may become due in relation to the Member’s activities to any relevant authority together with any penalties or interest imposed thereon. The Member shall keep such records, accounts and returns as required by such authorities, or by law. The Member agrees to indemnify and keep indemnified the Organisation against all actions, proceedings, claims, demands, damages, costs, expenses, liabilities whatsoever against the Organisation or which the Organisation may incur or suffer as a result of not complying with their obligations under this Agreement.

6. To use only official texts, approved by the Organisation, to promote the Project through written, broadcast, internet-based or any other communication methods.

7. Not to use, or make contact with, any broadcast media (including, without limitation – radio, television (terrestrial, satellite or digital), internet, cable, newspapers, magazines), in connection with the Organisation or the Project without the prior written approval of the Organisation.

8. Not to use a homepage or website, either personal or business, or any other online service to advertise the Project or to promote the Organisation or their charitable or commercial activities to the general public, without the prior written approval of the Organisation.

9. To use the Trademark(s) in relation to the Organisation and the Project for the purposes only of performing their obligation under this Agreement and not to use any other trademarks or tradenames in connection with the same.

10. Not to make or indicate any alterations or modifications to the Project or use the Trademark(s) in any way which might prejudice their distinctiveness or validity or the goodwill of the Organisation.

11. Not to use the Trade Mark of the Organisation’s name save as permitted by this Agreement without prior written approval from the Organisation. The Member shall be entitled to use the Organisation name on their personal letterheads, business cards and invoices provided that any such use shall be in small print and must be accompanied by the words ‘Registered Friend ’ in a prominent form.

12. That save as provided in clauses C 9, 10 and 11 above, the Member shall have no rights in respect of the Trade Mark(s) or other trade names used by the Organisation and they shall not acquire any rights in respect of the same. The Member shall promptly and fully notify the Organisation of any actual or threatened infringement of the Trade Mark(s) or any other intellectual property of the Organisation in the Project, or any claim that the same infringes any third party’s rights. At the request and expense of the Organisation the Member shall assist the Organisation in taking or resisting any proceedings in relation to such infringement or claim.

13. The Organisation will not be liable to pay VAT on top of any payments made on behalf of the Member under the Marketing Plan or otherwise.

14. Not to have an interest in more than one Membership within the Network.. Only one Membership is allowed per individual and each Member must correctly supply their full name, address, postcode and telephone number on the application form to identify themselves. The Organisation may terminate or merge any positions which in the Organisation’s reasonable opinion are not independently in active participation but are simply surrogates for other positions.

15. To comply with all legal requirements in relation to the operation of the Membership.

D OBLIGATIONS OF THE ORGANISATION

The Organisation agrees:

1. To make payments on behalf of the Member in accordance with the Marketing Plan as amended by the Organisation, from time to time.

2. To continue to provide, maintain, improve and enhance the Wisdom Trust website to the best of its ability in order that all members may continue to operate the Project in accordance with the Marketing Plan.

3. To give a minimum of sixty (60) days notice of any changes to the Marketing Plan or to any other issues vital to the ongoing operation of the Project.

E. SPONSORING

1. Every Member must have their own sponsor. It is an unwritten courtesy that the prospective member will submit their application to become a member with reference to the first member who presented them with the complete description of the Project. However, each new member has the right to choose their own sponsor. The Member shall neither unduly influence the prospective member nor offer as enticement exaggerated prospects with regard to possible grant entitlement or business development in order to gain a new downline Member.

2. The Organisation shall recognise as sponsor the Member whose email address or ID reference is first recorded through an application for membership in the Organisation’s computer system.

3. The integrity of the lines of sponsorship is fundamental to the organisation’s functionality and success. Once a Member is sponsored, the Organisation believes in protecting their relationship to the fullest extent possible. However, the following exceptions may be made at the sole discretion of the Organisation.

(i) In the case where a Member terminates this Agreement and remains inactive for a period of twelve (12) months before re-applying under a different sponsor, his downline will be transferred intact upline to his original sponsor.

(ii) In the case where the sponsor of the Member has terminated their Agreement or has had their Agreement terminated by the Organisation for whatever reason, the position of the Member will be transferred with any and all downline intact upline to the sponsor of the terminated Member.

(iii) In the case where a Member has been sponsored unethically, the Organisation reserves the right to transfer the Member with any and all their downline intact to another member.

F. TERMINATION BY THE MEMBER

1. The Member may terminate this Agreement with or without cause at any time without penalty by giving fourteen (14) days written notice of termination to the Organisation at it’s address set out in the Application Form or through the electronic termination procedure on the website.

2. After termination, the Member must wait a minimum of twelve (12) months before applying to become a The Wisdom Trust member again, or of obtaining an interest in or management control of another membership position within the Net3ork.

G. TERMINATION BY THE ORGANISATION

1. In order to protect the intergrity of the Network and the business environment in which the Organisation operates, the Member, on discovering or suspecting a violation of this Agreement, shall report such violation in writing to the Organisation including details of the date, location and nature of the violation and the identity of the Member alleged to be in breach. The Member alleged to have violated this Agreement may be suspended and required by the Organisation in writing, to respond to the allegations within a period of ten (10) days. On receipt of the Member’s response, the Organisation will review the submissions of all relevant parties and determine what action is appropriate to be taken. Where violations are proven or not refuted by the Member in question, this may result in suspension, or even termination of this Agreement. The Organisation shall notify the Member in writing where any breach of this Agreement is determined. The Member will then be allowed twenty one (21) days in which to appeal the disciplinary action in writing to the Organisation. Appeals should be made to the Appeals Committee which shall hear any such appeals once per calendar month.

H. TERMINATION GENERAL

1. If this Agreement is terminated for any reason, the Member will be discharged of all future contractual obligations towards the Organisation in relation to this Agreement. Except where the obligation of the Member is specified to apply after termination of this Agreement in respect of non-competition in accordance with this Agreement.

2. Any notice given in accordance with this Agreement which is given by first class or air mail post to the address of the Member set out in the application form and of the Organisation set out in the Application form or to such other address as shall have been notified from time to time in writing or electronically from one party to the other, shall result in the period of notice commencing to run from the day when such notice is posted and the same shall be deemed to have been given two (2) days thereafter.

3. On termination, the Member shall forthwith cease to promote or market the Project or make use of any of the Trade Mark(s).

I. RESTRICTIONS

1. In consideration of the granting of the Membership position, the Member agrees that they shall not during the term of this Agreement or for a period of ninety (90) days thereafter take or encourage any action the purpose or effect of which would be to circumvent, breach, interfere or diminish the value or benefit of the Organisation’s contractual relationships with any of its other members and, without prejudice to the generality of the foregoing, shall not directly or indirectly contact, solicit, entice, sponsor or accept any of the Organisation’s members (except those personally sponsored by themselves) into, or in any way promote to such members opportunities in competing marketing programmes of any direct sales company other than the Organisation or to cease being a member.

2. All details of the Project and endorsements, testimonials and reports relating to the same, and information relating to the Organisation’s other members are the property of the Organisation and may only be used in the proper promotion of the Project as provided for under this Agreement. They may not otherwise be used by the Member in any other context, whether before or at any time after termination of this Agreement and all copies of the same shall be returned to the Organisation forthwith on termination of this Agreement.

3. The Member acknowledges that they have been informed by the Organisation that the information which they give to the Organisation (including information relating to the Member, their address and other details) will be retained by the Organisation on a computer database and will be used by the Organisation for its own internal marketing, payment of grants on behalf of the Member and performance of the The Wisdom Trust Network. The Member also acknowledges that the Organisation may disclose this information and, in particular, may disclose it to other members as part of the Organisation’s Genealogies. The Member consents to the Organisation retaining, processing and disclosing the information referred to as set out above.

4. The Organisation’s Genealogies (being the information held by the Organisation relating to its Members, which at the Organisation’s option may include but are not limited to its relationships with each of its members, the sponsorship of each Member, their upline and downlines and all historical usage information for each member thereof) contain confidential information which is highly sensitive and valuable to the Organisation’s charitable and commercial activities and which shall at all times remain the property of the Organisation. In the event that the Organisation shall agree to this clause details of any of its Genealogies to the member:

a) the Member shall (to the extent such details are not publicly available other than by breach of this Agreement) at all times and without limit in time treat such details as confidential information in the nature of a trade secret and shall not use or disclose or permit the use or disclosure of such details to any person (and shall take all reasonable steps to protect and maintain the security of the information) and shall use the details solely for the benefit of the Member’s participation in the Project and of the Organisation and for the stated purpose for which they were provided:

b) the Member shall return copies of any such information to the Organisation forthwith upon the termination of this Agreement for whatever reason.

J. MISCELLANEOUS

1. In this Agreement unless a contrary intention appears words importing the masculine, feminine or neuter include the others; and words in the singular include the plural and vice versa.

2. Failure by the Organisation to enforce any of the provisions of this Agreement or to fail to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of the Agreement or any part thereof, or the right of the Organisation thereafter to enforce each and every provision. In the event that any provisions of this Agreement are determined by a competent court of law to be invalid, it shall not affect the validity of the remaining terms and conditions.

3. English law shall govern the validity, construction and performance of this Agreement and the parties hereto submit to the jurisdiction of the English Courts.

4. Upon notification to the Member, the Organisation may at its discretion amend this Agreement. The Member’s continued promotion of the Project after notice of any revisions to this Agreement and the Marketing Plan shall constitute their agreement to such revisions and legally binding amendment of this Agreement and the Marketing Plan.

5. The application form attached, these terms and conditions and the Marketing Plan each of which documents is hereby incorporated by reference into this Agreement shall constitute the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements and representations (whether written or oral) made between the parties prior to the date of this Agreement.

6. The Organisation may assign its rights and interests in this Agreement to any associated company or entity within The Wisdom Trust group of orgnisations, either chatitable or commercial.

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