TERMS AND CONDITIONS OF APPOINTMENT AS AN AUTHORISED INDEPENDENT CONSULTANT VERSION VALID AS OF 1 MARCH 2025
Any person who signs up to be an Authorised Independent Consultant of Healthgarde (Pty) Ltd T/A Sportron Group, situated at Route 21 Business Park, 59 Regency Drive, Centurion, South Africa (“Sportron Group”), shall be subject to these Terms and Conditions. Such a person is hereafter referred to as “the Consultant” or “a Consultant.” Sportron Group 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 their duties after such changes become effective will be regarded as acknowledgment and agreement to abide by such changes.
APPLICATION
These terms (including the Terms and Policies incorporated herein) shall be valid as of the date specified above and may be amended by Sportron Group from time to time. Such amendments will be communicated to the Consultant before becoming effective. The Consultant’s continued performance of their functions, as described herein, after such changes become effective, will be deemed acceptance of such changes. If the Consultant does not agree to such changes, they must notify Sportron Group immediately, whereupon their appointment as a Consultant will be terminated.
These terms consist of three parts:
Part A contains the terms and conditions governing the Consultant’s appointment as an authorised independent sales consultant.
Part B governs the use by the Consultant of the Sportron Group Consultant Portal, system, or website (if applicable).
Part C contains general terms governing the Consultant’s appointment.
PART A: APPOINTMENT AS AUTHORISED INDEPENDENT SALES CONSULTANT
1. Appointment
1.1 The Consultant understands that their application to sell the Company’s products as a Consultant is subject to approval, and the Company, at its sole discretion and without providing a reason, may decline their application.
1.2 Upon acceptance by Sportron Group, the Consultant will be permitted to facilitate the sale of Sportron Group products (“Products”) to interested persons (“Customers”) in accordance with these Terms.
1.3 The Consultant acknowledges and agrees to comply with the Company’s Rules, Procedures, and Policies, as stated in the “Sportron Group Business Matters” guide or housed on the Consultant Portal.
2. Duties of the Consultant
2.1 The Consultant shall use their best efforts to market and facilitate the sale of Products to Customers in accordance with these Terms.
2.2 The Consultant shall comply with the marketing and other policies of Sportron Group, including but not limited to:
• Use of the Company’s brand and trademarks.
• Making only approved representations and demonstrations to Customers.
2.3 The Consultant shall not:
• Represent that they have the authority to bind Sportron Group in any manner whatsoever.
• Make warranties or representations regarding the Products other than those approved in writing by Sportron Group.
• Appoint or permit any other person to perform their functions or duties on their behalf.
• Share or allow third-party use of Sportron Group marketing materials without prior written approval.
• Engage in any illegal, deceptive, misleading, or unethical practices.
2.4 All customer-related information received by the Consultant constitutes confidential information of Sportron Group and shall only be used for purposes necessary to fulfil their duties. Consultants must comply with the Protection of Personal Information Act (POPIA) and must refer all data-related queries to Sportron Group.
3. Placing Orders
3.1 Consultants shall ensure that Customers place orders directly with Sportron Group as prescribed in the order process.
3.2 Sportron Group, at its sole discretion, may process or cancel any order, and such decisions are final.
3.3 Consultants shall ensure that all customer order details are complete and accurate.
3.4 Consultants using the online portal must:
• Ensure their mobile device is compatible with the required systems.
• Keep their login credentials confidential.
• Ensure Customers complete all order steps required for processing and shipping.
4. Payment
4.1 The Consultant confirms that the Company’s commission structure has been explained and understood.
4.2 Commission shall be paid only on shipped and processed orders in accordance with the prevailing Commission Policy.
4.3 Any fees owed to Sportron Group for marketing materials or sales tools shall be payable monthly and may be deducted from the Consultant’s commission.
4.4 Sportron Group may amend commission structures or fee policies upon providing notice to Consultants.
5. Use of Personal Information
5.1 The Consultant consents to Sportron Group collecting and processing their personal information in accordance with POPIA for the purposes outlined in these Terms.
5.2 Consultants may:
• Request access to their personal information held by Sportron Group.
• Withdraw consent for processing at any time, subject to legal limitations.
• Request corrections or deletion of inaccurate or unnecessary personal data.
6. Termination
6.1 Sportron Group may terminate the Consultant’s appointment at any time, including but not limited to:
• Breach of duties or policies.
• Conflict of interest with competing direct-selling businesses.
• Involvement in fraudulent or dishonest activities.
• Actions that bring Sportron Group into disrepute.
PART B: SPORTRON GROUP CONSULTANT PORTAL, SYSTEMS & WEBSITE
1. End User License
1.1 Consultants using the Sportron Group Systems agree to be bound by these Terms. Upon termination, they must cease all use of the systems.
1.2 Consultants are granted a personal, non-transferable login solely for fulfilling their duties as a Consultant.
2. Usage Terms
2.1 Consultants must:
• Ensure the security of their login credentials.
• Not modify, share, or distribute system access to third parties.
• Report any unauthorized use immediately.
• Not engage in activities that compromise system integrity.
2.2 System upgrades and updates replace prior versions and must be accepted by Consultants for continued access.
2.3 Sportron Group reserves the right to withdraw access if misuse is detected.
PART C: GENERAL TERMS
1. Liability and Disclaimers
1.1 Consultants indemnify Sportron Group against losses arising from third-party claims due to their non-compliance with these Terms.
1.2 Sportron Group Systems are provided “as is” without warranties of uninterrupted service or freedom from errors.
2. Entire Agreement
2.1 These Terms constitute the full agreement between Sportron Group and the Consultant.
3. Independent Contractor
3.1 Consultants are independent contractors and not employees or agents of Sportron Group.
4. Governing Law
4.1 These Terms are governed by the laws of South Africa.
5. Waiver
5.1 No waiver of these Terms shall be valid unless in writing and signed by an authorised representative of Sportron Group.
6. Severability
6.1 If any provision is deemed unenforceable, the remainder of the Terms shall remain in effect.