This page is to set forth the terms and conditions that apply to your customer account with FBG
Accordingly, you understand and agree as follows:
- Customer Levels and Membership
FBG has two customer levels Guest and Preferred Customer. Guests and Preferred Customers may purchase products from the FBG website or the replicated sites of our Independent Associates. Preferred Customers receive discounted pricing and other benefits and are required to create a Membership Account (“Account”).
To create an Account, you must be at least 18 years old, live in the Philippines, complete the enrollment process, which includes agreeing to these Terms and Conditions, provide a valid method of payment, and complete your first order that includes at least one (1) FBG Commissionable Product.
- Ordering & Confirmation
Once your Account is open, you may place product orders. Upon placing an order, you will receive an email to acknowledge and confirm the order. If there are any errors in the confirmation, please promptly contact FBG Customer Care at (63 9952416641 during normal business hours. Sales tax plus standard shipping and handling charges apply to all orders, unless a promotional shipping rate or other discount or coupon is available to you and used at the time you make your purchase. If you have a coupon, discount, or promotion code, you must use it before submitting your order.
- Satisfaction Guarantee
We want you to be completely satisfied when you shop with us. Please see our Return and Refund Policy, which is incorporated herein by reference, for details. A full copy of the Policy will also accompany your shipment. You may contact Customer Care at (63 995 241 6641) during normal business hours with any questions.
- Payment Authorization
You certify that you are the owner of the debit card, credit card, or GCASH account that you submit to FBG for payment of your purchases. You may elect an authorized user on your Account to act on your behalf regarding payment authorizations; however, you are solely responsible for all activity on your Account. You hereby authorize FBG to initiate charges or debit entries on the credit card, debit card and payment account that was submitted for all orders on your Account, including, if applicable, Subscription Rewards orders (plus additional amounts for substituted products if your regular products are unavailable), plus, in each case, any and all applicable sales taxes and shipping and handling charges. This authorization will remain in effect until you notify FBG of your election to terminate this authorization.
Such notification must be submitted through your online account, and must be submitted in such time and in such manner as to afford FBG and your financial institution a reasonable opportunity to act on it. You agree that FBG is not liable for any overdraft or insufficient fund situation or charge (such as finance charges and late fees) caused by your failure to maintain funds sufficient to pay for your FBG purchases and charges. If there are insufficient funds in your payment account, your financial institution and FBG may charge reasonable service fees and/or interest.
- Term and Automatic Renewal
The term of this Agreement is one year and will automatically renew on each anniversary date unless sooner terminated
(a) by you by providing written notice to FBG following the procedures set forth in Section 6, Termination Rights,
or (b) by FBG with or without notice. The Agreement may be terminated automatically if you have not made any purchases of Commissionable Products for a period of twelve consecutive months.
- Personal Data and Privacy
You understand and acknowledge that you are subject to the FBG Privacy Policy found here or at FBG101.com, which is incorporated herein as part of these Terms and Conditions. Further, you acknowledge that you have read and understand the Privacy Policy, and consent to the use of any personal information that you provide subject to the terms of this Agreement and the Privacy Policy.
The personal data disclosed in establishing your Account as well as personal data collected in fulfilling our obligations is necessary for FBG to operate and coordinate our distribution network and carry out our obligations under this and other agreements. The data collected is used by FBG‘s internal departments and authorized service providers taking part in the operation and management of the distribution network. Accordingly, you consent to the disclosure of your name, telephone number(s), fax number, social media accounts, and/or e-mail address(es), shipping address(es) and other contact information listed on your application or as updated, and information regarding your FBG purchases (excluding payment card/ account information), to FBG internal departments, authorized service providers, Enrolling Sponsor, Placement Sponsor, and Support Team. (Definitions of Enrolling Sponsor, Placement Sponsor, and Support Team, and additional related details, are found in the FBG Policies and Procedures available at FBG101.com.) You agree that FBG or a party acting on its behalf may contact you by telephone using automated technology (e.g., anauto-dialer or pre-recorded messaging), text messaging, and email, and you consent and agree to being contacted in this manner at the telephone and fax number(s) and email address(es) that you provide. Your carrier’s standard rates will apply for calls and text messages.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself or by going to your FBG online account to manage your preferences and deselect the types of information you do not wish to receive. You will continue to receive emails regarding business related transactions regardless of the email preferences that are chosen. If you wish to opt out of promotional calls or texts, you may do so by going to your Account to manage your preferences and deselect the types of information you do not want to receive, or by responding as indicated to allow for opting out on the text itself. You may opt out of promotional telephone calls by simply requesting to be placed on our do not contact list.
BY SUBMITTING THIS APPLICATION, YOU AUTHORIZE FBG, ITS AFFILIATES, INDEPENDENT ASSOCIATES, AND REPRESENTATIVES, TO CONTACT YOU BY PHONE, FAX, MAIL, SOCIAL MEDIA, AND EMAIL CONCERNING FBG RELATED MATTERS.
- Use of Name, Likeness, Image, and/or Testimonials for Promotional Purposes
By creating an FBG Customer Membership Account, you authorize and consent to FBG’s unlimited use of your name, likeness, image, and/or testimonials in connection with selling, advertising, marketing, publicizing, or otherwise promoting FBG products, events, or opportunity, on a worldwide basis and through any type of media, without remuneration or other consideration being paid to you.
- Products are for Personal Use Only and May Not be Resold
As a Customer you are granted the right to purchase FBG products at discounted prices. Your product purchases must be for your own personal use or the use of your Immediate Household only, and you agree that you will not resell or otherwise provide FBG products to others. (“Immediate Household” means your spouse and dependent children living in the same house as you.) You agree that you will not offer, display or sell, or facilitate the offering, displaying or selling of FBG products in any manner, either directly or indirectly through any intermediary or instrumentality, including online auction websites, such as eBay or Amazon, e-commerce websites, retail websites, bazaars, flea markets, and so on. These obligations and prohibitions continue even after any termination or cancellation of your relationship with FBG. If you are not satisfied with a product, please contact us for information regarding refunds.
- Sponsoring
You understand that as a Customer, you cannot sponsor others as FBG Independent Associates, Brand Partners, or customers, and you are not entitled to participate in the Team Compensation Plan or the Brand Partner Commission Program. If you wish to be an Associate or Brand Partner, you must complete all applicable requirements. Please contact FBG Customer Care at (63) 933 953 1185 for additional information.
- Limits on Number of FBG Membership Accounts
Only one FBG Membership account is allowed per person. A married couple, including common law couples, (collectively “Spouse(s)”), may create a joint Account. Spouses who wish to have separate accounts must each create their own account and must be placed in the same Line of Sponsorship. Once your Account is created, you may not change your Enrolling Sponsor or Placement Sponsor other than as allowed by FBG policies.
- No Assignment
You may not transfer or assign your Customer Position or delegate any rights or duties under this Agreement without the prior written consent of FBG. Any attempt to transfer or make such assignment or delegation without prior written consent of an FBG Executive Team member (Vice President or above) is ineffective and void ab initio. FBG has the right to transfer or assign any or all of its rights and to delegate any or all of its duties under this Agreement without consent or notice.
- Dispute Resolution / Confidential Arbitration
(a) ANY CONTROVERSY OR CLAIM BETWEEN YOU AND ISAGENIX, INCLUDING WITHOUT LIMITATION ANY CLAIM ARISING OUT OF, OR RELATING TO, (i) THE CUSTOMER MEMBERSHIP APPLICATION AND AGREEMENT, INCLUDING THESE TERMS AND CONDITIONS, OR THE BREACH THEREOF, OR (ii) THE PURCHASE, USE, OR SALE OF FBG PRODUCTS SHALL BE SETTLED BY CONFIDENTIAL ARBITRATION. THE PARTIES WILL MAKE GOOD FAITH EFFORTS TO MUTUALLY AGREE UPON THE SELECTION OF AN ARBITRATOR OR THIRD-PARTY PROVIDER TO CONDUCT THE ARBITRATION. IF NO SUCH AGREEMENT CAN BE REACHED, THEN THE ARBITRATION SHALL BE ADMINISTERED BY JAMS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IF YOU FILE A CLAIM OR COUNTERCLAIM AGAINST FBG, YOU MAY ONLY DO SO ON AN INDIVIDUAL BASIS AND NOT WITH ANY OTHER INDIVIDUAL OR AS PART OF A CLASS ACTION. YOU WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO ANY COURT.
All arbitration proceedings shall be held in Quezon City, Metro Manila, unless the laws of the jurisdiction where you reside expressly require the application of its laws, in which case the arbitration shall be held in the capital of that jurisdiction. At least one arbitrator shall be an attorney at law experienced in business law transactions and network marketing. Arbitration shall be confidential and neither the parties nor the arbitrator(s) may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Each party to the arbitration shall be responsible for its own costs and expenses, including legal and filing fees; provided, however, that the arbitrator will have discretion to award legal fees and other costs to the prevailing party. The decision of the arbitrator shall be fina land binding on the parties. This agreement to arbitrate shall survive any termination or expiration of your relationship with FBG.
(b) Nothing in the arbitration provision prohibits either party from obtaining a temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect the party’s interests prior to, during or following the filing of any arbitration or other proceeding, or pending the rendition of a decision or award in connection with an arbitration or other proceeding. The arbitrator(s) will have the authority to continue injunctive relief and to enter a permanent order granting such relief.
(c) In addition, nothing in the arbitration provision shall prevent FBG from filing a lawsuit to identify unknown persons, including, but not limited to, unidentified Customers or Independent Associates, who may be selling FBG products on the Internet, cybersquatting, registering or using FBG trademarks or confusingly similar domain names, or producing FBG merchandise without authorization. If a previously unidentified person is determined to be a Customer or Independent Associate, FBG may take further action against such persons pursuant to this arbitration provision. The filing of a lawsuit and taking any action in that lawsuit to identify unknown persons shall not be a waiver of any right or obligation set forth in the arbitration provision.
(d) In the event that any claim or controversy between you and FBG, is not subject to arbitration as set forth above, the laws of the state of Arizona shall govern without regard for conflict of law principles, and the parties agree that proper jurisdiction and venue shall be in the state and federal courts of Arizona. In the event of a dispute for jurisdictional purposes, persons residing in Louisiana shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Quezon City and the governing law shall be Philippine law. If the laws of your place of residence impose any requirement that is different from or in addition to those set forth in these Terms and Conditions, then these Terms and Conditions shall be deemed amended in conformance with those laws as to that jurisdiction only and all other terms shall remain valid and enforceable. (e) BY CREATING AN ISAGENIX CUSTOMER ACCOUNT, YOU AGREE TO ACCEPT AND BE BOUND BY THE ABOVE ARBITRATION PROVISIONS.
- Miscellaneous
Each of the clauses in these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect. The failure of FBG to enforce any of the provisions herein shall not be deemed a waiver of their enforceability. FBG may amend this Agreement, including these Terms and Conditions at any time. Notice of such amendments will be provided to you in advance by FBG by publishing an updated version of the Terms and Conditions online at Isagenix.com, posting to your online account, by sending you a link, by email, or by other means FBG deems reasonable. You agree to be bound by all such amendments and understand that your only remedy for not accepting such is to terminate this Agreement. Placing an order after publication of any amendment or revised version will constitute your acceptance of such.