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TUPPERSHOP SF TERMS AND CONDITIONS

(SALES FORCE/INDEPENDENT CONTRACTORS)

 

This website (“Site”) is operated by Tupperware Brands Philippines, Inc. (“Company”), a corporation organized and existing under the laws of the Philippines, with office at GF - Unit 1, 2 & 3, Cyber Sigma, Lawton Avenue, McKinley West, Fort Bonifacio, Taguig City.

 

The TupperShop Terms and Conditions shall consist of five (5) parts, namely:

  1. Terms of Service (Store)
  2. Business Consultant Agreement
  3. Sales Force Agreement
  4. Product Return and Exchange Policy
  5. Data Privacy Policy

 

The Terms and Conditions shall apply primarily to you, the Company’s Sales Force/Independent Contractors. The foregoing parts shall be construed harmoniously and in a way that will not diminish your rights, responsibilities and obligations as Sales Force/Independent Contractor. Any ambiguities in the interpretation of the Terms and Conditions shall not be construed against the drafting party. 

Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated and/or referred in the Site. The Terms and Conditions apply to all users of the Site.

 

By visiting the Site, purchasing products from the online store and/or dealing with the Company, you engage our “Service/s” and agree to be bound by all the Terms and Conditions, including the Terms of Service (Store), Business Consultant Agreement, Sales Force Agreement, Product Return and Exhange Policy, and Data Privacy Policy, as applicable, as well as additional rules and policies referenced herein and/or available by hyperlink.

The users of the Site shall continue to be bound by any and all previous agreements with the Company, except as modified and/or repealed by the Terms and Conditions as determined solely by the Company.

 

Please read the Terms and Conditions carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by the Terms and Conditions. If you do not agree to all the Terms and Conditions, then you should not access or use the Site.

 

You can review the current version of the Terms and Conditions at any time in this Site. The Company reserves the right to update, change or replace any part of the Terms and Conditions by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes. 

 

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PART I - TERMS OF SERVICE (STORE)

 

The Company sells, among others, kitchen wares, household effects, plastic wares, silver wares, drugs, pharmaceuticals, chemicals, cosmetics, fragrances, toiletries, food supplements, apparel and other similar products. The Site provides access to an online store where products of the Company may be sold to qualified users. Our store is hosted on Shopify Inc., an online e-commerce platform that allows the sale of products and services to you. 


SECTION 1- ONLINE STORE TERMS                                 

You represent that you are at least eighteen (18) years old. You may not use our products for any illegal or unauthorized purpose nor may you, in the availment and/or use of the Service, violate any laws or regulations of the Philippines and in your jurisdiction (including but not limited to copyright laws). 


You must not transmit any worms or viruses or any code of a destructive nature. 


A breach or violation of any of the Terms of Service will result in the immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. 


You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission of the Company. 


The headings used are included for convenience only and will not limit or otherwise affect these Terms of Service. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. 


This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively in the online store through the Site. These products or services may have limited quantities and are subject to return or exchange according to our Return Policy.

Click here to view our Return and Exchange Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 


We reserve the right, on a case-by-case basis, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Return Policy. 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control nor input. 


You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 


Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms of the relevant third-party providing the tools. 


We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available in the Site may include materials from third-parties. 


Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand these before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 


We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments should not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site and Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Click here to view our Data Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site/Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service, the Site or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 


We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 


You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 


You expressly agree that your use of, or inability to use, the Service/Site is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 


In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service/Site or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

SECTION 14 - INDEMNIFICATION 


You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION

You may discontinue your use of our Site and/or availment of our Services. 


The obligations and liabilities incurred prior to any termination of the Services shall survive and continue to bind you and us.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may deny you access to our Services (or any part thereof). 

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Philippines. 

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. 


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 19 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at CustomerCare.ph@Tupperware.com

 

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PART II. BUSINESS CONSULTANT AGREEMENT

 

You, a Filipino, of legal age, and an Independent Contractor (“IC”) of the Company, entered into this Business Consultant Agreement (“BC Agreement”) with the Company.

 

The IC and the Company are hereinafter collectively known as the “Parties”.

 

The Parties’ mutual undertakings:

 

  1. The Company agrees to allow the IC, and the Consultant agrees, to purchase at wholesale from the Company for his/her personal sale the products of the Company under the terms agreed

 

  1. Title to the goods passes to the IC upon payment of said goods, and the Company shall not be liable for goods lost or destroyed after title has passed, including goods left in the company premise

 

  1. The IC agrees to pay for purchases made in accordance with the credit terms and policies of the Company without need of demand, whether or not the IC is able to re-sell the products or to collect from any sale. In the event of the IC’s failure to pay, the Company shall have the option to take possession of the goods and/or enforce collection through court action. Should the Company opt to take possession of the goods, the IC shall allow the Company’s agent/s to enter the premises where the goods are kept, for purposes of

 

  1. The IC is an independent seller and shall be personally responsible and liable for all expenses incidental to and necessary in the conduct of his/her business and in the performance of his/her obligations under this BC Agreement. As an independent seller, the IC shall have the sole discretion to determine where and how products purchased from the Company will be sold; however, the IC shall not sell such products to stores, supermarkets, or to any retail establishment. The IC may opt to hire for his/her own account, employees, agents or representatives, who shall bear proper authorization to transact on the IC’s behalf. The IC and/or his/her employees, agents and representatives shall have no right to bind the Company in any contract with other parties.

 

  1. The IC shall exercise integrity in the conduct of business. The IC acknowledges that the Company’s compensation and promotional programs are designed to compensate and recognize the IC’s personal efforts; as such the IC undertakes not to manipulate, abuse or in any way unfairly take advantage of the Company’s programs and promotions, or consent to be a part of any such manipulation or The IC undertakes not to use another’s name or allow his/her name to be used by another for the purpose of qualifying for promotions and incentives or for the purpose of circumventing the Company’s policies. The IC understands and accepts that the Company has the right to audit and investigate transactions to determine compliance, and that failure to comply may result to forfeiture of incentives or other benefits, an obligation to compensate the Company for losses sustained as a result of non-compliance, and/or the termination of this BC Agreement.

 

  1. The IC shall comply with the Company’s policies, guidelines, terms and conditions. These policies, guidelines, terms and conditions may be revised, updated, changed or deleted without prior notice. The IC shall likewise comply with applicable government regulations, tax rulings and other applicable laws. The Company reserves the right to enforce sanctions, and shall hold the IC directly responsible and accountable for any liability or direct or indirect loss suffered by the Company arising from acts, omissions or violations by the IC, his/her employees, agents or authorized representatives. Such sanctions, may, at the discretion of the Company, include a demand for the immediate payment of any and all amounts due from the IC, plus penalties, legal interest and other costs incidental to

 

  1. The Parties hereby undertake to comply with the Data Privacy Act, its Implementing Rules and Regulations, and all applicable issuances of the National Privacy Commission ("NPC"), including putting in place adequate safeguards for data privacy and security. The IC represents and warrants to have obtained from the concerned data subjects (or individuals whose personal, sensitive personal or privileged information is processed) the necessary consent for data collection, processing and sharing with respect to the personal data, including any sensitive personal information, provided herein, or shared or transmitted by the IC to the Company pursuant to, in the course of, or in connection with, this BC Agreement.

 

The IC acknowledges and agrees that, in the course of this BC Agreement with the Company, the IC may receive or have access to personal data, including any sensitive personal information, from the Company. The IC shall only collect, process, use, store, share or disclose personal data accessed or received from the Company: (a) strictly for the purposes of fulfilling its obligations and providing the services required under this BC Agreement; (b) with the Company's prior written consent; or (c) when required by law or an order of court, but the IC shall notify the Company as soon as practicable before complying with such law or order of court at its own costs. The IC shall protect the Company's personal data in the IC's control or possession in accordance to the requirement under applicable laws and make reasonable security arrangements (including, where appropriate, organizational, physical, and  technical security measures) to maintain the availability, integrity, and confidentiality of personal data and to prevent unauthorized or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of personal data, or other similar risks.

 

  1. In the event of litigation arising from this BC Agreement, venue of dispute shall be in the proper court of Taguig City, Metro Manila.

 

  1. Either party may terminate this BC Agreement at any time without cause after serving thirty (30) days written notice to the other party. If its termination is for a cause, this BC Agreement is deemed automatically terminated with or without written notice thereof from either party, without prejudice to the right of either party to claim for damages. In the event that this BC Agreement shall be terminated by either party, all monetary obligations of the Parties under this BC Agreement shall survive. Notwithstanding the foregoing, nothing herein shall release either party from liability for any breach of this BC Agreement prior to its termination.

 

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PART III. SALES FORCE AGREEMENT

 

You, a Filipino, of legal age, and an Independent Contractor (“IC”) of the Company, entered into this Sales Force Agreement (“SF Agreement”) with the Company.

 

The IC and the Company are hereinafter collectively known as the “Parties”.

 

Recitals:

 

  1. The Company sells, among others, kitchen wares, household effects, plastic wares, silver wares, drugs, pharmaceuticals, chemicals, cosmetics, fragrances, toiletries, food supplements, apparel and other similar products (collectively, “Products”).

 

  1. The IC is presently a part of the Company’s Sales Force. The IC is not an employee of the Company.

 

  1. The Company shall maintain a website (“Site”) in which, among others, the IC may buy Products from the Company and sell Products to selected visitors of the Site (“Customers”).

 

For and in consideration of the foregoing premises and the terms hereafter set forth, the Parties agree as follows:

 

  1. Covenants and Undertakings

 

  • Operation of the Site

 

The Company shall maintain the Site in which the IC may buy Products from the Company and sell Products to Customers of the Site.

 

The Company shall provide a unique hyperlink (“Link”) to the IC. The IC shall share his or her unique Link on social media, including but not limited to, Facebook, Instagram and Twitter. The Site may be accessible by the public through the Link of the IC.

 

  • Sale of the Products

 

The Customer may purchase a Product from the Site at a purchase price to be determined by the Company, plus applicable delivery fee to be collected by the Company and paid to a logistics partner. When the Customer selects a Product for purchase in the Site, the sale shall be made by and credited to the IC whose Link was used to access the Site.  As such, the IC agrees to purchase the Product selected by the Customer from the Company. The Company shall provide an invoice to the IC to evidence the transfer of title and ownership over the Product selected from the Company to the IC.

 

Thereafter, the IC agrees to sell the same Product selected to the Customer. On behalf of the IC, the Company shall accept the payment of the Customer and issue an electronic e-mail notification to the Customer confirming receipt of said payment.  Such e-mail notification by the Company shall not, however, serve as a sales invoice or an official receipt, as the IC will promptly issue the sales invoice or an official receipt to the Customer. 

 

After receipt of the full payment, the Company shall cause the delivery of the Product selected to the Customer through a logistics partner.

 

1.3.        Consideration and Costs

 

The Customer shall pay for the Product and remit the delivery fee through an account nominated by the Company.  Upon payment for a Product by a Customer to the IC, through the Company, the Company shall remit such payment for the Product to the IC, less the purchase price of the Product sold by the Company to the IC and other costs that may be agreed upon by the Parties.

 

All taxes and fees that may be due from each Party, by virtue of the sale of the Product through the Site, shall be for the sole account of such Party.

 

1.4.        Reports

 

Upon request of the IC, the Company shall furnish to the IC a report of transactions and other relevant information with respect to the Products that the IC purchased and sold through the Site on or before a date agreed upon by the Parties.

 

  1. Ownership of Intellectual Property Rights

 

The Company shall retain all rights and interests in the Site, including all documentation, photographs, and all other Intellectual Property rights in connection with the Products, including the Company’s name, logo and trademark found in the Site.

 

  1. Representations and Warranties

 

Each Party represents and warrants to the other Party as follows:

 

  • The Party has full power and authority to enter into, execute, and deliver this Agreement and any other instrument or transaction pursuant hereto, and to perform its obligations hereunder;

 

  • The execution, performance and delivery of this Agreement have been fully understood by the Parties, and any other instrument or transaction pursuant hereto, have been duly authorized by all requisite action;

 

  • The execution, delivery and performance of this Agreement, do not and will not result in a violation of its constitutive documents, covenants, obligations and applicable laws; and

 

  • The concerned Party warrants and agrees to comply with laws and regulations relating to, among others, the following:

 

  1. Declaration and reporting of sales generated through means covered by this Agreement;
  2. Payment by the Party of appropriate taxes and other fees arising from transactions covered by this Agreement, thus relieving the other Party of any responsibility on such obligations;
  • Registration by the IC with all concerned regulatory bodies;
  1. Issuance by the Company of the sales invoice and other prescribed regulatory documents in favor of the IC; and
  2. Issuance by the IC of the sales invoice and other prescribed regulatory documents in favor of the Customer.

 

  1. Confidentiality

 

The Parties shall keep the contents of this Agreement and all transactions related therewith strictly confidential and shall refrain from disclosing to any person any part of this Agreement for any reason.  

 

  1. Term

 

The IC may be able to buy and sell Products through the Site from Execution Date, thereafter (“Term”), subject to extension in writing upon terms and conditions mutually acceptable to the Parties.

 

Either Party may terminate this Agreement prior to the expiration of the Term, at will and for any reason, by giving the other Party a written notice, three (3) days prior to the effective date of the termination as specified in the notice.

 

  1. Force Majeure

 

No Party shall be liable for any failure or delay in the performance of its obligations under this Agreement in case of, but only to the extent caused by, any event of Force Majeure; provided, that the relief granted shall be available only if and to the extent the Party claiming relief has and continues to take all steps reasonably within its control to mitigate the effects of such Force Majeure event.

 

Force Majeure refers to any circumstance beyond the reasonable control of a Party which effectively prevents such Party from performing its obligations hereunder; provided, that, such circumstance, despite the exercise of reasonable diligence, cannot be or could not be prevented, avoided, or removed by such Party and is not attributable to the negligence or misconduct of such Party.

 

  1. Relationship of the Parties

 

Each Party hereto shall conduct all its business in its own name as an independent entity. No joint venture, partnership, employment, agency or similar arrangement is created between the Parties by reason of this Agreement. 

 

  1. Severability

 

If any provision or part of a provision of this Agreement shall be or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect.

 

  1. Performance and Waiver

 

The Parties shall do and perform all other acts and deeds, and execute such further instruments, as may be required to give full effect to this Agreement and to otherwise consummate the transactions contemplated hereunder. No failure of the Parties to exercise, and no delay or forbearance in exercising, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy.

 

  1. Assignment

 

Notwithstanding any other provision to the contrary, neither this Agreement nor any rights, interests or obligations hereunder may be transferred or assigned to any third party by a Party without the prior written consent of the other Party to this Agreement.

 

  1. Non-Modification of Existing Agreements

 

This Agreement will not modify or cancel existing agreements between the Parties, except if clearly inconsistent with or explicitly provided in this Agreement.

 

  1. Governing Law and Venue

 

This Agreement will be governed, construed and enforced in accordance with Philippine law. In the event of any dispute arising from or in connection with this Agreement, the appropriate court in Taguig City, Metro Manila shall have exclusive jurisdiction over the case to the exclusion of all other courts.

 

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PART IV. PRODUCT RETURN AND EXCHANGE POLICY

 

You, a Filipino, of legal age, an Independent Contractor (“IC”) of the Company, and holding the position of Business Consultant (“BC”)/Business Manager (“BM”), understand and do hereby acknowledge the following with regards to the Company’s policy on product returns and exchange.

Click here for our Warranty Information.

 

  1. Return and Exchange Period/Policy

 

  • Plastic Products with the “Tupperware” brand name are generally covered by a ten (10) year warranty from the date of purchase, subject to conditions stated herein.

 

  • Non-Plastic Products and Products without the “Tupperware” brand name may be generally returned or exchanged within thirty (30) days from the date of purchase, subject to conditions stated herein.

 

1.3. All non-trade items, including premium, incentives, gadgets and electrical, may be returned or exchanged subject to policy of the Company’s supplier.

 

1.4. The return and exchange policy may be updated at any time by the Company and may be reflected in other communications by the Company to the IC (i.e., brochure).                                                                                                                                                                          

 

  1. Return and Exchange of Plastic Products with “Tupperware” Brand Name

 

2.1. Coverage. The following defects or damages to plastic products with the “Tupperware” brand name, related to manufacturing, are covered by the ten (10) year warranty. Within said period, the products may be returned or exchanged for the following reasons:

 

  1. Cracking - Due to material type, quality or manufacturing process
  2. Chipping - Due to brittleness
  3. Breaking - Due to brittleness
  4. Peeling - Due to frequent exposure to hot foods and liquids, which starts with blistering

 

Plastic Products with “Tupperware” brand name carry a 10-year warranty against defects in the material or workmanship under normal or household non-commercial use.

 

2.2. Exceptions. The 10-year warranty does not cover, among others,  the following damages to the products with the “Tupperware” brand name:

 

  1. Color Fading - Colors may lose their luster over many years of use without affecting the products’ performance.
  2. Insect or Rodent Bites - Products with bites of insects or rodents.
  3. Impact Cracking - Products knocked against or hit by a hard object.
  4. Scratches - These can happen with normal use but will not affect the products’ functions.
  5. Melting - Products exposed to extreme heat or come in direct contact with open flames.
  6. Warping - Products exposed to extreme heat or come in direct contact with open flames.
  7. Staining and Discoloration - Certain foods stain or discolor products. This does not affect the products’ function.
  8. Print on Products - Print on the products may fade due to the nature of use without affecting product performance.

 

The 10-year warranty does not cover damage to the products caused by accident, misuse or abuse, or unreasonable use of the products.

 

  1. Return and Exchange of Non-Tupperware or Plastic Products without the “Tupperware” Brand Name, such as Cosmetics, Fragrances, Toiletries and Baby Care

 

3.1. Coverage. Only the following reasons, and nothing else, will be accepted for the return or exchange of products without the “Tupperware” brand name:

 

  1. Incomplete components/parts upon receipt of products
  2. Short pack – lacking pieces
  3. Manufacturing defects
  4. Remarkably poor physical properties of the products
    • unpleasant appearance
    • discoloration
    • foul odor
    • melted

 

3.2.  Condition. The return or exchange will not be allowed if the damage to the products is caused by accident, misuse or abuse, or unreasonable use of the products.

                                                                                                                                                                                

  1. Return and Exchange of Non-Trade ItemsPremium, Incentives, Gadgets, Electrical)

 

4.1.  Description.  Non-trade items are not manufactured/produced by the Company. The non-trade items can either be purchased at a discount or received for free by the IC, through the Company, in accord with the policies, procedures and discretion of the Company.

 

4.2.  Warranty.  All non-trade items, including premium, incentives, gadgets and electrical, are covered by the replacement and/or exchange policy of the Company’s third-party supplier, and thus specified in each of the products.

 

4.2.  Condition. The Company does not guarantee the replacement and/or exchange of non-trade items, especially if the item is mishandled, misused or abused, or was not used immediately after it has been released to the IC.

 

  1. Return and Exchange of Products

 

5.1.   Wrong Pick and Change of Mind. The IC who mistakenly purchased a product, which is different from what he/she intended to purchase, cannot return or exchange the product.  Similarly, products purchased by the IC, who later changed his/her mind as to the products purchased, cannot be returned or exchanged.

 

5.2. How to Return or Exchange a Product. The return or exchange of a product must strictly comply with the following procedure/guidelines.

 

5.2.1. The IC requesting for the return or exchange of a product must present the following documents to the Company through email to CustomerCare.ph@Tupperware.com:

 

  1. Original Sales Invoice
  2. Duly Accomplished Product Exchange/Return Request Form
  3. Authorization Letter and Identification Card, if the transaction is done via representative
  4. The Company may request other relevant information and proof.

 

5.2.2. After presenting the foregoing documents to the Company, the Company will promptly assess if the product is eligible for return or exchange. The Company has the sole authority in approving the return or exchange of products.

 

5.2.3. The Company will promptly relay to the IC if the product is eligible for return or exchange, and if so,  will communicate the next steps in the return or exchange of products. 

 

5.2.4. The return or exchange of non-trade items shall likewise be subject to the procedure and requirements of the Company’s third-party supplier.

                                                                                                                                                                                

  • Replacement for the Exchanged Product

 

  • In case of replacement of an exchanged product, the replacement product must be the same as the originally purchased product. In case the said product is out of stock, the replacement product should be of the same function or category.

 

  • The price of the replacement product must be the same or higher than the originally purchased product. In case of higher price, the IC shall pay the difference in price.

 

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PART V. DATA PRIVACY POLICY

 

You, a Filipino, of legal age, an Independent Contractor (“IC”) of the Company, and holding the position of Business Consultant (“BC”)/Business Manager (“BM”), understand and do hereby acknowledge that it is necessary to provide the Company with personal data, including sensitive personal information, for business, commercial, administrative and compensation purposes. As such, you agree that the Company may collect and process your personal data and sensitive personal information.

 

As the Company needs to share your personal data with third parties, the Company has informed you and hereby obtained your consent in accordance with Republic Act No. 10173, or the “Data Privacy Act of 2012”, as provided hereunder.

 

You understand that you are giving you consent to the sharing of personal data, including sensitive personal information, with third parties (including, among others, the Company’s parent company, subsidiaries, affiliates or other related companies).

 

Data Processing. You expressly agree and consent that the Company may collect, record, organize, store, update or modify, retrieve, consult, use, consolidate, block, erase or destroy, or otherwise process, through automated means or manual processing, your personal data, including sensitive personal information, set out in your application form and/or otherwise provided by you or possessed by the Company in the course of or in connection with your contractual/business relationship with the Company, or the termination or cessation of such contractual/business relationship, as follows:

 

Purposes

·   Performance of the BC/BM Agreement or its cancellation/termination;

·   Payment or processing of compensation, commission or incentives;

·   Performance reviews;

·   Attendance in domestic or international conferences/seminars;

·   Overseas assignment/engagement;

·   Filing tax returns, compliance with social legislation and tax laws and regulations;

·   Dispute resolution, arbitration or litigation;

·   Compliance with requests for information, investigations and other lawful orders of proper authorities;

·   Record keeping;

·   Marketing and promotions through online/digital/printed material, videos, social media platforms, among others;

·   Other administrative matters; or

·   Any other purpose relating to any of the above;

Items of personal data

Full name, contact numbers, email address, social media accounts, residence address, company name, position, office address, monthly income, sex, name of spouse, spouse’s company, spouse’s office address, photographs and other visual

images, videos, testimonials, etc.;

Items of sensitive personal

information

Birthdate/age, civil/marital status, bank name, bank account number, educational

background, government-issued ID, etc.;

Retention period

As long as necessary for the fulfillment of the purposes for which the data was obtained, or for the establishment, exercise or defense of legal claims, or for

legitimate business purposes;

 

Data Sharing. You expressly agree and consent that the Company may share, disclose, transmit or transfer your personal data, including your sensitive personal information, to third parties (including, among others, the Company’s parent company, subsidiaries, affiliates or other related companies) as follows:

 

Purposes

Same with data processing, including, but not limited to:

·    Insurance application/processing;

·    Recruitment and annual physical examination;

 

·    Credit card/fleet card application;

·    Flight reservation and other travel arrangements;

·    Trainings;

·    Incentives, awards or rewards program, etc.;

Shared items of personal data

Full name, contact numbers, email address, social media accounts, residence address, company name, position, office address, monthly income, sex, name of spouse, spouse’s company, spouse’s office address, photographs and other visual

images, videos, testimonials, etc.;

Shared items of sensitive

personal information

Birthdate/age, civil/marital status, bank name, bank account number, educational

background, government-issued ID, etc.;

Recipients

Parent company, subsidiaries or affiliates, other related companies, any customer or

client, agents, consultants, contractors or third-party service providers;

Retention period

As long as necessary for the fulfillment of the purposes for which the data was

shared;

 

Prior Data Processing and Data Sharing. You consent to, ratify and approve all  data processing and data sharing activities performed, undertaken or caused to be performed or undertaken by the Company pursuant to any of the abovementioned purposes, including your sensitive personal information, provided by you or in the Company’s possession, custody or control in the course of or in connection with your contractual/business relationship with the Company.

 

If you do not promptly provide your personal data, including sensitive personal information, which the Company reasonably requested, or if you refuse or withdraw any consent to personal data, including sensitive personal information, which the Company is required to collect, process, and/or share for the abovementioned purposes and recipients, the Company has the option and hereby reserves the right not to continue its contractual/business relationship with you, without incurring any liability to you nor to any third party. Also, you understand that you may be disadvantaged in promotion/transfer of BC/BM, and/or you may not receive the support or services the Company provided, in case the needed personal data are not made available to the Company.

 

You hereby acknowledge that you have been duly informed by the Company of your rights— to be informed, to object, to access, to rectification, to erasure or blocking, and to damages—as a Data Subject under the Data Privacy Act, the scope, method and purposes of the collection, processing and sharing of my personal data, the period of retention, and the recipients or classes of recipients to whom your personal data are or may be disclosed or shared.

 

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