IHLUMELA WELLNESS PROMOTER

Effective Date: 10/10/2025
Business Name: Ihlumela Gold (Pty) Ltd
(“the Company”, “we”, “us”, “our”)

1. Purpose & Scope

These Terms & Conditions (“Terms”) govern participation in the Ihlumela Wellness Promoter Programme (“the Programme”).

They exist to protect the Company, its brand, products, intellectual property, customers, and business operations. The Company reserves the right to interpret and enforce these Terms at its sole discretion.

2. Eligibility: Age & Legal Capacity

Participation in the Programme is strictly limited to individuals who:

  • Are eighteen (18) years of age or older

  • Have full legal capacity to enter into binding agreements under South African law

Participation by minors is strictly prohibited, whether directly or indirectly, including participation through:

  • Parents or legal guardians

  • Trusts, nominees, or third parties

  • Shared, proxy, or managed accounts

The Company reserves the right to:

  • Request proof of age and identity at any time

  • Suspend or terminate accounts pending verification

  • Reject or cancel any account at its sole discretion

Any account determined to be operated by or for the benefit of a minor will be immediately terminated, with forfeiture of any pending or accrued compensation, incentives, or benefits.

3. Independent Contractor Status

Wellness Promoters are independent contractors and not employees, partners, agents, representatives, or franchisees of the Company.

Nothing in these Terms creates:

  • An employment relationship

  • A partnership or joint venture

  • Authority to bind the Company in any manner

Wellness Promoters may not represent themselves as employees or official representatives of the Company.

4. No Guaranteed Income or Opportunity Representation

The Company makes no guarantees or representations regarding:

  • Income or earnings

  • Profitability or success

  • Sales volume or performance

Participation in the Programme does not constitute an income opportunity, business guarantee, or investment.

5. Compensation Disclaimer

Any compensation, commissions, incentives, rewards, bonuses, allowances, or benefits:

  • Are governed exclusively by a separate Compensation Plan

  • May be modified, suspended, or withdrawn at any time without notice

  • Do not create a contractual right, entitlement, or expectation

The Compensation Plan does not form part of these Terms.

6. Application, Approval & Account Control

The Company reserves the right to:

  • Approve or reject applications at its sole discretion

  • Suspend, restrict, or terminate any account at any time, with or without cause

  • Require additional verification or documentation at any stage

Providing false, misleading, or incomplete information is grounds for immediate termination.

7. Marketing, Promotion & Claims Restrictions

Wellness Promoters must:

  • Promote products truthfully and responsibly

  • Use only Company-approved marketing materials

Wellness Promoters may not:

  • Make medical, therapeutic, diagnostic, or disease-related claims

  • Guarantee results or outcomes

  • Present products as substitutes for professional medical advice

  • Misrepresent pricing, availability, benefits, or the Programme itself

8. Branding & Intellectual Property

All trademarks, logos, content, systems, and materials remain the exclusive property of the Company.

Wellness Promoters may not:

  • Register or use domains, social media pages, or accounts incorporating Company branding

  • Modify or create derivative branding

  • Imply official Company representation

Unauthorized use may result in immediate termination and legal action.

9. Prohibited Conduct

The following actions are strictly prohibited:

  • Spam, bulk messaging, or deceptive advertising

  • Fake or misleading testimonials or reviews

  • False income or earnings claims

  • Creating multiple or fraudulent accounts

  • Manipulating sales, referrals, or data

Violations may result in termination, forfeiture of benefits, and legal action.

10. Non-Compete & Brand Protection

While participating in the Programme, Wellness Promoters may not promote, sell, or endorse products that directly compete with Ihlumela’s wellness or skincare offerings.

The Company retains sole discretion in determining what constitutes a competing product.

11. Termination & Effect of Termination

The Company may terminate participation:

  • At any time

  • Without notice

  • For any reason or no reason

Upon termination:

  • All promotional rights cease immediately

  • Access to systems and materials is revoked

  • No future compensation or benefits will be payable

12. No Ownership or Vested Rights

Wellness Promoters acquire no ownership, equity, or vested rights in:

  • The Programme

  • Customer data or relationships

  • Downlines, systems, or intellectual property

13. Confidentiality

All Company information, customer data, and internal materials are confidential and may not be disclosed during or after participation.

14. Data Protection

All personal data is processed in accordance with:

  • The Protection of Personal Information Act (POPIA)

  • The Company’s Privacy Policy

15. Tax Responsibility

Wellness Promoters are solely responsible for:

  • Registering with SARS if required

  • Declaring income

  • Paying all applicable taxes and statutory charges

The Company does not deduct PAYE or withhold taxes.

16. Limitation of Liability

The Company is not liable for:

  • Loss of income or profits

  • Business interruption

  • Indirect, incidental, or consequential damages

Total liability is limited to amounts actually paid to the Wellness Promoter in the twelve (12) months preceding any claim.

17. Indemnity

Wellness Promoters agree to indemnify and hold harmless the Company from any claims, losses, damages, penalties, or costs arising from:

  • Breach of these Terms

  • Unauthorized representations or claims

  • Violation of laws or regulations

18. Amendments

The Company may amend these Terms at any time. Continued participation constitutes acceptance of the revised Terms.

19. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of South Africa.
All disputes fall under the exclusive jurisdiction of South African courts.

20. Acceptance

By registering for or participating in the Programme, you confirm that you have read, understood, and agreed to these Terms & Conditions in full.