Our Terms and Conditions
The following text is intended to guide Customers and Independent Global Affiliate Partner (hereafter refer to “GAP”), to assist them in understanding the terms of GAP and the Viener Global Reward System (hereafter refer to “REWARD SYSTEM”) payment to which GAP may be entitled. It also forms part of the legally binding contract between the Company, its Customers and the GAP.
The Company, Viener Global (HK) Limited (hereafter refer to “Company”) was founded in March, 2020. It carries on business as an Internet order of products/services on an international basis.
Sales are made through an order system using the Internet. Sales may be made directly to the Public or through an GAP program. The rules of the GAP are set out in Appendix 1.
Prices of all Company products/services are subject to change without prior notice.
Payments will only be accepted in US Dollars made by either bank transfer to a designated Company bank account or by credit card payment. Payments by cash or cheque will not be accepted. GAP may also choose to make payments for Company products or subscription from available funds in their individual Sales Reward Account. All enquiries regarding payments should be made to the Company.
The Company only operates 24 hours cooling off period from the time the order is placed (including weekends). Having selected the product/service of their choice, Customers/GAP must pay for the products/services in. However, the Customer/GAP may at any stage prior to the confirmation* of the order, make a request to the company at [email protected] that the transaction be cancelled and that the money be returned in full. Repayments will be made within 30 days of cancellation. Once the Customer/GAP has authorized** the sale to proceed, the transaction will not normally be reversed except to correct mistakes made by the Company. If for any reason the Company is unable to deliver the selected product/service, then the Customer/GAP will be entitled either to choose goods of equivalent value or to cancel the order and to request a refund which will be made in full unless the order was placed by an GAP who has subsequently received a Sales Reward payment (see Appendix 2 - Sales Reward Program). In this event, either the value of that Sales Reward will be deducted from the refund or, if it is greater, the Sales Reward will be adjusted or cancelled so as to place the parties in the same position, so far as possible, to that which would have been the case had no order been placed.
All monies that pay to GAP are paid directly into a debit card, which is administered in accordance with the Company Reward Program (see Appendix 2 for more details).
The Company sells directly to the public and one of its main expenses are the Reward that are shared among GAP which is the method chosen by the Company to reward GAP for extending sales of the Company. Independent Representativeship is regulated through a proprietary GAP and the REWARD SYSTEM. Details of the Independent Representativeship program and the rules governing Independent Representativeship are set out at Appendix 1.
Rewards are generated when each GAP makes one or more purchases of products/services and the Reward Program automatically allocates the reward which are recorded under the GAP's own name. Although the rewards are allotted in proportion to the value of products/services purchased by the GAP, the rewards have no value in their own right. Sales Rewards payments are not automatic and reward acts as a magnet to attract future Sales Rewards that are generated by future third party sales achieved by that GAP. As the payment of Sales Rewards are made, each reward will be cancelled and further Sales Rewards are only available to GAP on the acquisition of further reward. Any new reward will always be allotted equally to all GAP acquiring them at the same time according to the value of products/services purchases.
A substantial proportion of the Company's expenditure is the cost of Sales Reward. The payments are shared amongst the GAP and paid to them as a sales incentive to reward those GAP (see Appendix 2 for more details) who have been the most successful in generating new sales for the Company. A Sales Reward payment is made in fixed amounts in respect of each Reward Point. However, there are no restrictions on the number of reward that an GAP can acquire. Sales Reward payments are not made automatically; they are related both to third party sales generated by each individual GAP and the placement in the Company computer program of that GAP's reward which have not been cancelled.
This is maintained through the Customer Care Center. The normal business language is English. The Company prides itself both on its good administration as well as its prompt attention to GAPs’ requirements. All requests for advice or assistance and any grievances or complaints should always be addressed to Company in writing to [email protected].
The Company offers for sale only those products/services which it is authorized to reproduce and sell. The Company warrants that it is the copyright holder and is licensed to sell, or is licensed by the copyright holder to sell.
Save for the specified notices which are to be sent to the Company’s Customer Care Center, or for matters which are by law required to be notified or lodged at specified places, the Company hereby gives general notice that all or any information, requests, notices and other communications may be sent to or from the Company.
This Agreement includes the appendices. The terms of this Agreement and any variation or amendment from time to time made and any other matters relating to Company will be effective by publishing the same on the Company's Web site. Any such variation or amendment shall become effective from the date of publication and will be binding on Customers and GAP who are deemed to have notice of any amendments or variations.
Any disputes between the Company and any Customer or GAP resulting from a breach of this Agreement or the execution of it, shall be determined by the arbitration rules of the International Chamber of Commerce.
This Agreement shall be governed by and construed in accordance with the domestic laws Marshall Islands. The proper jurisdiction and venue shall be in the courts of Marshall Islands.
If any provision of these Policies and Procedures, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion of the provisions shall be severed and the remaining provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of these Policies and Procedures.
An GAP may update/change his/her personal particulars by filling up the "Update Personal Info Form" and submits to the Company’s Customer Care Center.
The Company reserves the absolute right to amend the Policies and Procedures, and all Company’s published documents at any time without assigning any reasons or prior notice to the GAP.
In order to promote its sales, the Company has developed the Reward System which provides the mechanism to mobilize and motivate the GAP. Only a modest Independent Representativeship subscription is levied in order to keep entry barriers to a minimum. Independent Representativeship does not confer any entitlement to participate in the affairs of the Company. It does not entitle GAP to any benefits and neither does it impose any obligations on the GAP other than those set out in this Agreement.
An GAP may be any natural or legal person including a club or any other unincorporated association capable of separate legal identity. The Company will not recognize any trusts or nominee holdings and will recognize only the Independent Representativeship of the person in whose name the Independent Representativeship is registered. Where there is a change in director or shareholder, the GAP must inform the Company immediately, and the Company has the sole discretion to terminate or confirm their Independent Representativeship. In the case of a natural person, an GAP must be 18 years of age or older, and legally competent to enter into a contract. The Company may, in its absolute discretion, refuse to accept Independent Representativeship without giving reasons.
Independent Representativeship Application Forms are to be found on the Web site. They should be completed on-line. The applicant may also print the downloadable application form and submit a hard copy application to the Company. All applications are made and accepted on the basis that the applicant has accepted the Company’s Policies and Procedures and Independent Representativeship rules. If the applicant submits more than one Independent Representative application form which states different enroller, only the first application form received by the Company will be accepted.
The applicant will only become an Independent Representative if his application is received and accepted by the Company. The Company has the right to accept or reject his application at its sole discretion. In the case of rejection, a notice will be given to the applicant with a complete refund.
Once the Company accepts the Independent Representative application, the Company will grant the application Independent Representative status within the Sales Rewards program by sending him a written notice, and thereafter, he become an GAP. The Company will give the GAP an Identification Number. The GAP shall include the identification number in all his orders and his correspondence with the Company.
The Company reserves the right to rescind the said acceptance at its sole discretion within 60 days after receipt of the application. Upon rescission of acceptance, the Company shall give notice to the applicant to notify him of the rescission. However, the Company is not obliged to give any reason for the Company’s decision to rescind.
If a company, club or unincorporated association wishes to become an GAP or has been admitted to Independent Representativeship, the company, club or association must, if requested, provide the Company with copies of their foundation statutes. The names of the people authorized to represent the company, club or association must be in those statutes or other documents so that the Company may know who is beneficially entitled to the benefits of Independent Representativeship. If the Company considers it necessary, the company, club or foundation may be asked to provide further information relating to the above.
A Customer who later applies to be an GAP, his last enroller for his purchase shall be his enroller for his Independent Representativeship unless the Customer last purchase from the Company was more than (6) six months before his GAP application, and his application states another GAP as his enroller.
No GAP may act as middleman or representative of a third party. He must be legally competent to enter into any Agreement with the Company. He must be fully authorized to conclude and execute the terms of this Agreement.
An GAP relationship with the Company is wholly governed by this Policy & Procedure. GAP are independent contractors and are not a partner, agent, joint venture, franchisee, representative, or employee of the Company.
An GAP has non-exclusive right to market and promote products/services of the Company. There are no geographical limitations on enrolling new GAP and selling of Company’s products/services; provided always the Company has the right not to sell its products and services, and accept an GAP in any states, territories and countries. GAP are responsible for their own liability, health disabilities, business expenses, business license, and all taxes.
GAP should determine his or her own method of sales and recruitment of prospective GAP, so long as he or she complies with the Policies and Procedures of the Company. GAP may actively seek or cause or procure sales of the Company’s products/services and invite third parties apply to be GAP of the Company. In so doing GAP must always represent to such third parties that they are independent from the Company and that they are not in any way authorized to bind or represent the Company. GAP have no right to negotiate or conclude any contract on behalf of the Company. GAP are not allowed to make therapeutic or curative claims regarding the Company’s products/services, or claims involving the Sales Reward Program that are not contained in official Company literature that is published by the Company. No GAP has any authority or right to act except on his own account. GAP should ensure that the promotion of sales is made strictly in accordance with this Agreement and the rules governing Independent Representativeship.
Every GAP agrees to act in the utmost good faith and not to do or cause to be done anything, which would bring the Company into disrepute or would amount to a breach of the Agreement or any other breach of the law. GAP should not solicit cause or procure that third parties or fellow GAP should act to their detriment or act in any way which is inconsistent with the good order or reputation of the Company or the GAP as a whole.
Only GAP will be permitted to participate in the Sales Reward Program when they have been notified that they have been accepted to Independent Representativeship.
All GAP will be bound by this Agreement or any amended version, which is from time to time displayed on the Company's Web site. Amendments will not have retrospective effect and will not prejudice any previous entitlement to Sales Rewards.
Independent Representativeship will only be permitted on payment of an annual subscription the amount of which will be determined, from time to time, by the Company and published on the Web site. Subscriptions, unless otherwise stated, may be deducted from any money held on GAP’s Sales Reward account. The GAP must pay the Company the amount due by the due date of payment.
Unless otherwise determined by the Company, the Independent Representativeship subscription will be payable from the date when the GAP applied for registration. Thereafter, the subscription will be due on the anniversary of the date of registration.
Unless specifically stated to the contrary, all subscriptions will be treated as exclusive of taxes, duties or levies of a like nature to those that may be levied in any jurisdictions in which either the Company or the GAP belongs.
Independent Representativeship shall be for one (1) year only and may be renewed by the GAP by paying a subscription on due date.
Where an GAP has failed to pay a subscription by the due date, the benefits of Independent Representativeship will be suspended automatically from the due date. Notwithstanding, the GAP has a grace period of 30 days to rectify the non-payment by remitting the outstanding subscription and request the Company to reinstate his Independent Representativeship. If, however an GAP is permitted to reinstate Independent Representativeship, the restoration of any Independent Representativeship benefits will only take effect from the date of reinstatement and no Sales Rewards payment will be made in respect of the prior period. Unless the Independent Representativeship is reinstated, his Independent Representativeship is deemed to be cancelled and all associated rights and benefits of Independent Representativeship will cease with immediate effect. GAP who have failed to renew their Independent Representativeship may not reapply under a new enroller for a twelve(12) calendar month period after non-renewal. An GAP may at any time cease to be an GAP by resigning, giving 14 days’ notice in writing the Company.
The Company may at any time suspend or cancel a person's Independent Representativeship for all or any of the following reasons:-
In any other case the Company has the right to suspend an GAP for a period not exceeding 3 months either prior to or as an alternative to cancelling a person's Independent Representativeship. During any period of suspension an GAP will not be permitted to purchase any product. Sales Reward payments will be withheld and any other benefits or rights will be suspended in a like manner. Unless the suspension period is followed by cancellation of Independent Representativeship, the GAP's benefits will be reinstated.
In the event of a resignation or the cancellation of Independent Representativeship any unallocated money belonging to the GAP shall be remitted to that GAP along with any unpaid Sales Rewards, which have already accrued up to the date of resignation or cancellation. If the GAP has already ordered product/service which has not been delivered then unless the GAP otherwise requests the order will be cancelled and the payment will be remitted in full. The right to further participate in the Sales Reward Program will cease along with all other Independent Representativeship benefits.
The Company shall have an absolute discretion whether or not to cancel a person's Independent Representativeship and in exercising its discretion the Company shall not be liable for any costs, claims, loss or damages either to the GAP or to any third party unless the Company can be shown to have acted in bad faith or has otherwise been in wilful breach of this Agreement.
After cancellation or resignation of Independent Representationship, the former GAP shall not further represent himself as GAP of the Company and shall cease to use all materials of the Company. He shall have no rights to enjoy the benefits under this Policy & Procedure, and Sales Reward Plan. He must take all actions reasonably required by the Company relating to the protection of the Company’s confidential information. The Company has the right to set-off any amounts owed by the former GAP to the Company including, without limitation, any indemnity obligation incurred from Sales Rewards or other compensation due to the former GAP.
All GAP hereby permit the Company (or its agents) to give their personal data to third parties for marketing purposes or any other related purposes. If an GAP does not wish to receive non-personally addressed information that has no direct connection with this Policy & Procedure he may do so by writing to the Company.
In respect of all present or future claims which the Company or/and its holding company or/and associate or/and its subsidiary, may have against an GAP, the Company shall have a right to set off against all funds in the GAP 's Sales Rewards account.
No indulgence or concession granted by the Company and no omission or delay on the part of the Company in exercising any right, power or privilege herein shall operate as waiver thereof, nor shall any single or partial exercise of any such right, power or privilege prelude any other right, power or privilege.
The rights, and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
An GAP shall not cross over and join another group of GAPs which are not part of his team nor shall he induces an GAP to do so.
GAPs are prohibited from promoting competing or similar services, products, and/or business programs.
At Company’s functions, and on Company’s property, no GAP shall solicit any person to join any other competitive or similar marketing programs or involve in the sales of competing products of other companies.
An GAP may transfer his Independent Representativeship or assign any rights arising herein under to a 3rd party at his nomination subject to the compliance of the following:-
The Company reserves the right, at its sole discretion, to accept or reject the transfer and to stipulate additional terms & conditions prior to any proposed transfer. The Company also reserves the right to approve or reject the proposed transfer.
Upon the approval in writing of the transfer by the Company, the transferee must assume the position and terms of the transferor GAP, and must execute a current GAP application form and all documents required by the Company.
In the event of the demise of the GAP, a transfer of Independent Representativeship is required; and the Company will normally acknowledge any such transfer to the named nominee of the late GAP that is done according to the procedures of the country in which the GAP resides. If no nomination is made during the lifetime of the GAP, his Representativeship shall be terminated with immediate effect. Any cross-lining as a result of devolution of Independent Representativeship under this sub-clause shall not be breach of this Policy & Procedure.
If there are any bankruptcy proceedings in relation to an GAP, the Company may suspend all or any operation relating to the Independent Representativeship with the Company until the Company is satisfied that such proceedings have been irrevocably discharged.
An GAP shall at all times, remain loyal to the Company and shall not publish any written and / or verbal disparaging or adverse information/statement against the Company. He shall hold the Company and its management in high esteem at all times, failing which he may be terminated notwithstanding that he may also be liable for libel and slander.
The terms in this Policy & Procedure shall be binding on an GAP's estate and legal personal representatives or on his successors and permitted assignees, whichever the case maybe.
Viener is an international marketing business with a customer base in many different countries. There are, however, no uniform international rules or laws governing mail order businesses and whilst we have made every reasonable attempt to conform to the normal and accepted standards of mail order trade, it is the sole responsibility of individual GAP to ensure that they comply with the domestic laws of their own countries and in any jurisdiction exercising authority over the GAP. In this respect, the GAP will indemnify and hold harmless the Company and any of its affiliated organizations and their officers, agents, and employees from all liability, any claim or action asserted arising out of the GAP’s actions, omissions, or representations in sponsoring and conducting the GAP’s independent business.
Every GAP have access reports with information pertaining to his team, sales and Sales Rewards which are confidential, and are proprietary, highly sensitive and valuable to the Company’s business. This information is made available to GAP solely and exclusively for the purpose of furthering the business of the Company. GAP are strictly forbidden from sharing this information with third parties. Any violation of this clause may result in suspension, legal action against the GAP, and any other legal remedial action as the Company deems fit.
**"Confirmation" means when payment details are sent to the Company by any means.
**"Authorized" means when payments have been received or notification of payment been sent to the Company by the Customer.
The Company has no retail outlets and it relies almost exclusively on its GAP to promote sales. The Company bears the cost of this promotion, and the expense to the Company is met by allocating part of its income, which is shared among the GAP to whom it is paid as a Sales Reward. The Sales Reward payments are not made at random and neither are they made merely as a result of third-party introductions. Payments are made by reference to the number of Company Reward held by each GAP, the placement of any Company Reward in the Sales Reward Program and the volume of sales made by that GAP.
An GAP must be active and in compliance with this Policy & Procedure, and Company Sales Reward, and has paid for the registration fee and annual subscription fee to qualify for Sales Reward.
Sales Rewards are only paid on sale of Company’s products/services. No Sales Reward is paid on purchase of Company’s sales materials, literature, starter kit or enrolling other GAP or Customers. In order to receive Sales Rewards, the GAP has to complete an GAP application form which have to be received and accepted by the Company prior to the end of the Sales Reward period in which the sale is made.
GAP who purchase products will automatically be allocated Company Reward. Every Company Reward has a fixed 'value', which is recorded in the Reward System to reflect the value of product purchases made by each GAP. All GAPs participate equally. They are allotted Viener Reward on the same terms and the amount of Sales Commission payable against a Company Reward is in a fixed amount. Once a Sales Reward payment has been made against a Reward Point, it is extinguished. Further Company Reward may be acquired at any time by further product purchases.
All GAP have an equal opportunity to earn Sales Rewards. Sales Rewards are paid to reward GAP who are most successful in promoting sales of the Company's products. The Company Sales Reward System favours those GAP with the greatest number of 'unpaid' Company Reward who also achieved the greatest volume of direct third party sales in that payment cycle. Although Sales Reward payments are made in fixed amounts according to the nominal 'value' of the relevant Company Reward held by each GAP, the figures do not represent any automatic earnings. Actual earnings will depend on the volume of sales generated by each GAP and not the introduction of the new GAP.
The Company processes Sales Reward payment once every 7th and 21st of the month. This applies to all Sales Reward payable including that payable to eligible direct and indirect enrollers.
Sales Reward due to GAP will be displayed on the Website, and retained in the individual GAP’s e-Wallet. GAP may elect to transfer these Sales Reward, at their own cost, to their bank account, or transfer to their Debit Card, or retain the Sales Reward in the e-Wallet for future application by the GAP, which may be for payment of product purchases, or for payment of subscriptions.
The Company may from time to time have special reward offers to stimulate sales and in order to target GAP who are successful in promoting sales. Rewards may be made in the form of additional Company Reward. Details of these and any other rewards are published periodically on the Web, if applicable.
GAP can check the status of their Company Reward, Sales Reward and any account queries with the Customer Care Center or online through their personal account access. The Company reserves the right to charge an administrative fee when issuing electronic or paper progress reports requested by GAP.