Terms and Conditions
Please read the Terms and Conditions and select "I accept the Terms and Conditions" at the bottom of this page to continue.
TERMS AND CONDITIONS OF INVESTMENT IN TONES FAMILY HEALTH (TFH)
MEMBERSHIP INCOME AND INVESTMENT PLAN
1 INVESTMENT RECORD
1.1 When an investment payment is made into the nominated TFH savings account being:
Tones Family Health will issue a 1000 Membership Investment Certificate which will display the Members Number, Name and ID/Passport Number.
1.2 The 1000 MIC Membership Certificate will be issued in the name of the nominated investor as per the Investment Form.
1.3 Neither the investment record nor the investment instrument is transferable or negotiable.
2.1 If any negotiable instrument (e.g. a cheque) is deposited into the account, the proceeds will be credited to the account but will only be available as cash when the negotiable instrument has been honoured (within 10 consecutive days). If the negotiable instrument is dishonoured, the account will be debited accordingly and TFH will send the negotiable instrument back to the Member at his/her risk.
2.2 TFH reserves the right to limit cash deposits and to impose a cash deposit fee at its discretion.
2.3 Income due to the investor will only start accumulating from the date on which the initial deposit is cleared into the TFH account.
3 TERMS OF INVESTMENT AMOUNT AND UPGRADES
3.1 Your minimum investment amount is R10 000 going up to R20 000 and/or R40 000 per person. You are able to increase your investment to the stipulated level options by paying in the difference and giving TFH notice within 24 hours of your EFT so that a new Certificate is issued nullifying the previous one.
3.2 Each member has a three year period in which to get to the maximum investment value so as to guarantee all members an equal return on investment.
3.3 You will be able to sell your investment back to TFH or a nominated buyer of TFH choice, after 12 months of the total investment amount by that Member, repayment of original investment will be
paid with no interest. - See Clause 8.
4 TFH BUY OUT or PRODUCT / BRAND BUYOUT
4.1 If TFH is to be bought out then all 1000 MIC Members will be paid back their total investment amount plus 10% of the difference between the Membership Investment and the initial Partnership / Buyout proportionately to their investment amount.
4.2 If any Product or Brand is to bought out Each Member will be paid out 10% of that buy out proportionately to their investment amount.
5.1 TFH will be paying a fixed rate of 10% of TFH Gross Turnover (Ex VAT) on a monthly/quarterly/annual basis to each Members nominated account, according to each Members investment proportion.
5.2 Income will be calculated from the investment clearance date to the end of that month (pro-rata) and then monthly from the 1st to the 1st of each month thereafter which will be paid via EFT on or before the 7th of the following month (for monthly Income payments).
5.3 Where the Member deposits less than the minimum amount required for a particular investment, the Member will not earn any Income on those funds until the minimum investment requirement are met.
5.4 The Member is able to request that the Income be accumulated and paid out quarterly or annually to the Members nominated account.
5.5 If the Income payment date is a Sunday or public holiday, the Income will be paid out within 2 working days.
6 INCOME TAX
6.1 TFH will issue a statement annually at the end of February reflecting each Members total Income earned which then becomes each Members responsibility to declare and document through their respective bookkeepers/ accountants in terms of the South African Revenue Service (SARS) requirements.
7.1 TFH will e-mail a monthly Statement to each Member reflecting TFH sales figures, your monthly Income earnings and new product information. Members will, in addition to this, have access to weekly turnover and investment statistics at www.tonesfamilyhealth.co.za.
7.2 As soon as the Member receives a statement, it should be checked for accuracy. Should there be any discrepancy, the Member must report it to TFH within 15 days of receipt of the statement, otherwise the statement will be deemed to be correct.
7.3 If there is a dispute in respect of the items appearing on a statement, TFH's records will be prima facie proof of such items.
8 EARLY WITHDRAWAL
8.1 Where the Member may request the early withdrawal of investment. Within the first year of investment, TFH is entitled to charge the Member an early-withdrawal fee of 10% of the total investment by the Member. After one year of investment there will be no administration fee.
9 CESSION OF INVESTMENT
9.1 The Member may not pledge or cede his/her rights arising from his/her investment as security for loans without the consent of TFH. Only cessions or pledges to other registered South African banks will be considered by TFH. TFH has the right to pay the Member back the funds, T&C's apply.
9.2 In the event of death of a member, TFH will either refund the members’ nominated Beneficiary/s or the nominated beneficiary will be able to take over the membership. This will be at TFHs’ sole discretion.
10 CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
The Member's personal information will be treated as confidential and will not be disclosed, except in the following circumstances:
10.1 when TFH is legally compelled to do so;
10.2 where it is in the public interest to disclose;
10.3 where TFH interests require disclosure;
10.4 where disclosure is made at the Member's request or with the Member's written consent.
11 DOMICILIUM CITANDI ET EXECUTANDI
11.1 For all purposes under this agreement the parties choose the following addresses as their respective domicilia citandi et executandi:
11.1.1 Tones Family Health (TFH), Unit 3, 45a Westmead Road, Westmead, KZN, South Africa, 3610.
11.1.2 the Member: the last known physical address supplied by the Member. Supplied in on-line application.
11.2 Any legal process to be served on any party may be served on that party at the address specified in clause 11.1.
11.3 Any notice or other communication to be given to any party in terms of this agreement will be valid and effective only if it is given in writing.
11.4 A notice to any party that is delivered to the party by hand at the address specified in clause 11.1 will be deemed to have been received on the day of delivery, provided it was delivered to a responsible person during ordinary business hours.
11.5 Notwithstanding anything to the contrary in this clause 11, a written notice or other communication actually received by any party will be deemed to be adequate notice or communication to such party, even if such notice or communication was not sent to or delivered at the address specified
in clause 11.1.
11.6 Any party may, by written notice to the other party, change the address specified in clause 11.1 to any other address (other than a post office box number), provided that the change will become effective on the seventh day after receipt of the notice.
11.7 It is the Member's responsibility to ensure that TFH is kept informed of any changes to personal information, including address and contact details.
12 AMENDMENT OF TERMS AND CONDITIONS
12.1 TFH may, at its discretion and within reason, change any of the terms and conditions contained herein at any time. TFH will give notice of material changes by e-mail to each Member.
At the option of TFH, any claim arising hereunder may be recovered in any magistrate's court having jurisdiction, notwithstanding the amount of the claim, and the Member hereby consents to the jurisdiction of the magistrate's court.
14 GENERAL TERMS
14.1 Before accepting the Member, TFH may follow up references or otherwise satisfy itself as to the Member's identity, proof of residence etc. TFH may refuse to accept a Member within 30 days of the investment and has the right to refund the Member.
15.1 TFH hereby indemnifies itself from any Member that makes false claims about any of its products or services.
16. GOOD FAITH
16.1 It is specifically recorded that all Members who have invested in Tones Family Health are to act in good faith and in the best interests of each other and Tones Family Health and that Tones Family Health act with complete transparency and good faith towards its Members individually and collectively.