This Longrich Distributor Agreement sets out the terms and conditions on which a person who has opened an Account with Longrich International UK Ltd (“Longrich UK” or “Longrich”) acts as a Distributor (as defined) of Products (as defined) in the United Kingdom. A Distributor shall be deemed to have entered into this Agreement with Longrich UK in accordance with sub-Clause 3 of this Agreement when he or she submits an application to become a Distributor, subject always to his or her right to cancel this Agreement as provided for in sub-Clause 4.5 of this Agreement.
1. Definitions and Interpretation
means this Longrich Distributor Agreement;
means a person who has submitted his or her details to Longrich UK via the Longrich UK Website for the purposes of applying to become a Distributor;
means any day when banks are open for business in England;
means a purchaser of a Product for his or her own use from a Distributor;
means an Applicant who has been approved to open an Account as a distributor of Products by Longrich UK;
means persons who have been recruited and approved to become a Distributor by an existing Distributor;
“Longrich UK Website”
means the website owned and managed by Longrich UK having the following address:
means the price list for Products that is published by Longrich and provided to Distributors as part of the Sales Kit;
means the products that Longrich makes available to Distributors for purchase and resale to Consumers including on or through the Longrich UK Website from time to time;
means the promotional materials that are supplied by Longrich in respect of the Products and provided to Distributors as part of the Sales Kit;
means, in relation to the business, affairs, customers, clients or suppliers of either party, information which is disclosed by that party to the other party pursuant to, or in connection with, this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
means the materials and information designed, produced and made available by Longrich to Distributors that includes the Code of Ethics, the Price List, the Product Brochures;
“Terms of Sale”
means Longrich’s Terms of Sale for the Products which form part of this Agreement;
means the United Kingdom;
means the trademarks that are owned by and/or registered in the name of Longrich and which are attached to or used on any of the Products, Product Brochures or on any other materials or Products supplied by Longrich in connection with this Agreement;
means with regards to a Distributor, their sponsor, or person who recruited them to the business;
1.2 The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
1.3 Words imparting the singular number shall include the plural and vice versa.
1.4 References to any gender shall include all genders.
1.5 Unless the context otherwise requires, each reference in this Agreement to:
1.5.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.5.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.5.3 “this Agreement” is a reference to this Agreement and to Schedules as amended or supplemented at the relevant time;
1.5.4 a Schedule is a schedule to this Agreement;
1.5.5 a Clause or sub-Clause is a reference to a Clause or sub-Clause of this Agreement or a paragraph of the relevant Schedule; and
1.5.6 a "Party" or the "Parties" refer to the parties to this Agreement.
2.1 Longrich wishes to sell its Products to Consumers in the Territory via direct selling.
2.2 The distribution method that Longrich employs for its Products is through Distributors who as independent business owners appointed under and in accordance with this agreement, can purchase Products for their own use, and/or offer Products to Consumers for purchase by way of their personal contacts.
2.3 This Agreement is the contractual basis on which Distributors are required to purchase Products from Longrich and sell and distribute Products to Consumers within the Territory.
2.4 The Compensation Plan sets out the basis on which Distributors, acting as independent business owners, are paid and rewarded by Longrich for their sales of Products. The Compensation Plan regulates the performance criteria that a Distributor must meet in order to be paid the compensation and to earn rewards for successful performance of his or her contractual tasks as an independent contractor.
2.5 Longrich will provide all necessary information concerning the Products to enable the Distributor to promote, market and sell the Products.
3 Appointment, Term and Renewal of Appointment of Distributors
3.1. A person interested in becoming a Distributor must be introduced to Longrich by an existing Distributor.
3.2. An Applicant must fulfil all of the following criteria to become a Distributor:
3.2.1. Not be employed by Longrich or by any of its subsidiaries or related entities;
3.2.2. Be a UK resident with no adverse immigration status
3.2.3. Not be disqualified by provisions of any United Kingdom law or regulations from becoming a distributor for Longrich.
3.3. An Applicant is required to provide details online to become a Distributor via the Longrich UK Website or in such other manner as provided for through the introducing Distributor.
3.4. An Applicant must first carefully read the contents of the Longrich websites terms and conditions including the terms of this Distributors Agreement
3.5. By submitting the application form, the Applicant is deemed to have read, accepted and to be bound by this Agreement.
3.6. Longrich may in its sole discretion accept or reject an Applicant's application without having to provide any explanation for its decision.
3.7. An Applicant shall have no right of appeal or recourse against Longrich if the application is rejected.
3.8. Any Applicant who is found to have submitted false or misleading information to Longrich as part of the Distributor application process shall be immediately removed as a Distributor by Longrich.
3.9. Failure to comply with the code of ethics or other obligations specified in this agreement may result in the distributor losing status as a distributor for Longrich.
4 Distributors’ Rights and Obligations
4.1 Subject to their compliance with the terms and conditions of this Agreement Distributors shall have the following rights during the term of their appointment
4.1.1. To purchase Products from Longrich for sale to Consumers within the Territory on the Terms of Sale at the prices advertised in the Price List;
4.1.2. To introduce an unlimited number of Applicants to become Distributors;
4.1.3. To receive information on the Compensation Plan including the basis on which improved or enhanced returns may be achieved as a Distributor;
4.1.4. To be paid and rewarded in accordance with the Compensation Plan;
4.1.5 To receive details of promotions and special programmes and events being offered by Longrich.
4.2 Distributors shall subject as provided:
4.2.1 Comply in all respects with the Code of Ethics and with all the terms and conditions of this Agreement;
4.2.2 At all times when engaged in promoting or selling any Products to Consumers use the title “Longrich Independent Distributor” and no other title or description;
4.2.3 Make only such statements concerning the Products which correspond to the statements and information contained in the Products Brochures.
4.2.4 Be responsible for paying all income and other taxes (including VAT) that arise and/or become payable in connection with his activity as a Distributor;
4.2.5 Indemnify Longrich for the consequences of any breach of the Code of Ethics or of this Agreement;
4.2.6 Without prejudice to the Distributor’s obligations to comply with the Code of Conduct, he shall:
22.214.171.124 At all times maintain the good name and reputation of Longrich in everything that he does while a Distributor;
126.96.36.199 Use all reasonable endeavours to promote Longrich and the Products to Consumers to secure sales of Products;
188.8.131.52 Use all reasonable endeavours to promote Longrich and the Products to individuals with the intent that they become Distributors;
184.108.40.206 Comply in all respects with the law in relation to all activities carried out and performed in his capacity as a Distributor;
220.127.116.11 Maintain contact with and have good relations with Downlines and provide support and encouragement to achieve sales of Products.
18.104.22.168 Maintain contact and co-operate with other Upline Distributors wherever possible to promote and encourage the wider distribution of the Products.
4.3 Distributors shall not:
4.3.1. state in writing or verbally or in any way give the impression to anyone that there is an employer-employee relationship between the Distributor and Longrich.
4.3.2. claim or otherwise assert that it has any form of exclusive rights as a Distributor of the Products whether in respect of a particular geographic area within the Territory or in respect of a particular type or sector of Consumers;
4.3.3. state or in any other way represent to anyone that he is acting as an agent for Longrich or that he has any authority to bind Longrich and the Distributor shall not pledge or attempt to pledge the credit of Longrich or make any representation or give any undertakings or promises on behalf of Longrich that are not expressly permitted under this Agreement;
4.3.4 mispresent or otherwise mislead Consumers or others in any way the contents, quality, purpose, effectiveness or use of any Products that he promotes or sells or otherwise cause any misunderstandings concerning any of the Products;
4.3.5. repack, delete, remove, damage, replace any labels, stickers or information listed on or attached to any Product packaging, Product Brochures or other selling aids issued by Longrich;
4.3.6. sell any Products that are in any way damaged or out of date;
4.3.7. use any of the Longrich Trademarks other than as expressly permitted in writing by Longrich;
4.3.8. promote or advertise any of the Products using language, words or images, including the Trademarks, other than those that are contained on the official Longrich website and Product Brochures or otherwise provided to the Distributor by Longrich;
4.3.9. create or be party to the creation or attempted creation of a sale and distribution system that is the same as or is similar to Longrich’s direct marketing system or actively promote or join another network marketing organisation by selling or promoting the same or similar products to the Products;
4.3.10. entice, encourage or solicit any Distributor to do any of the things a Distributor is prohibited or restricted from doing under this sub-Clause 4.3;
4.3.11. assign, transfer or sub-contract all or any of his rights under this Agreement to any other person.
4.4 The Distributor acknowledges and agrees that each of the provisions of sub-Clause 4.3 are reasonable and proportionate in their scope to protect and preserve the legitimate business and goodwill of Longrich in the Territory being the sale and distribution of the Products to Consumers.
5. Supply and Return of Products
Longrich will use its reasonable endeavours to ensure that the Products purchased by the Distributor will be of satisfactory quality, fit for their purpose and are as described at the time of purchase by the Distributor and shall match any samples that have been sent to the Distributor by Longrich unless Longrich has brought to the Distributor’s attention any differences between any such sample and the Products purchased by the Distributor.
5.1 If any Products purchased by the Distributor do not comply with sub-Clause 5 the Distributor can contact Longrich at as soon as reasonably possible to inform Longrich of the fault, damage or error, and to arrange for a refund, repair or replacement. The Distributor shall be entitled to the following in the event of purchasing Products that do not conform with sub-Clause 5.1:
5.1.1 As from the day of receipt of the Products the Distributor shall have thirty (30) calendar days within which to reject the non-conforming Products for an exchange.
5.1.2 If the Distributor decides to exercise his right to reject the non-conforming Products, and insists upon a refund instead of an exchange Longrich may reduce any refund to compensate for and reflect the use that the Distributor has had out from the Products and any economic benefits earned as a result of the transaction.
5.1.3 It should be noted that the provision to repair or replace will only have limited applicability to products distributed by Longrich. Longrich trading products are generally not capable of being repaired. In this instance, the available option will only be to replace the product where possible.
5.2 The Distributor shall not be entitled to claim under this Clause 5 if:
5.2.1 Longrich has informed the Distributor of the fault, damage, non-conformity or other problems with the Products before he purchased them;
5.2.2 the Distributor has purchased the Products for an unsuitable purpose that is neither obvious nor made known to Longrich and the problem has resulted from the Distributor’s use of the Products for that purpose; or
5.2.3 the problem with the Products is the result of normal wear and tear, misuse or intentional or careless damage.
5.3 Save as provided and subject to sub-Clause 5.5, the Distributor shall not be entitled to cancel or return Products to Longrich under this Clause because he has changed his mind to purchase them.
5.4 The Distributor has a legal right to a fourteen (14) calendar day cooling-off period within which the Distributor is entitled to cancel and return Products and he will receive a refund of any monies paid to Longrich for any Products purchased, provided that the Products remain in the same condition as when they were supplied to the Distributor; and are returned to Longrich at within seven (7) days of the Distributor’s cancellation notice.
5.5 To return Products to Longrich for any reason under this Clause 5 the Distributor must comply with the returns procedures and the Terms of Sale.
5.6 Refunds (whether full or partial, including reductions in price) under this Clause 5 will be issued by Longrich within fourteen (14) calendar days of the day on which Longrich agrees that the Distributor is entitled to a refund. Longrich shall only agree to refund where the distributor fully complied with the products return procedures and the terms of sale.
5.7 Refunds under this Clause 5 will be made using the same method of payment used by the Distributor when purchasing the Products.
6 Longrich’s Obligations
6.1 Longrich hereby agrees as follows throughout the term of this Agreement:
6.1.1. To keep the Distributor informed of any special promotions or offers in respect of the Products from time to time;
6.1.2. To supply the Products to the Distributor in accordance with the Terms of Sale and the Price List;
6.1.3. To pay and reward the Distributor in accordance with the Compensation Plan;
6.2 If the Distributor is a consumer, Longrich makes no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). Longrich will not be liable to the Distributor for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
7 Longrich’s Rights
7.1 Longrich shall:
7.1.1 Have the right to terminate this Agreement without prior notice to the Distributor if in its sole opinion the Distributor is in breach of any of his obligations or requirements under any of the following:
22.214.171.124. This Agreement;
126.96.36.199. The Code of Conduct;
188.8.131.52. The Terms of Sale;
7.1.2. Without prejudice to its rights under sub-Clause 7.1.1. Longrich shall have the right to issue a written warning to the Distributor if it becomes aware of any breach or default by the Distributor that enables Longrich to exercise its rights under sub-Clause 7.1.1. requiring the Distributor to rectify the breach or default to Longrich’s satisfaction within a specified period of time and if the Distributor fails to do so then Longrich may terminate this Agreement without further notice.
8.1 Each party undertakes that, except as provided by Sub-Clause 8.3 or as authorised in writing by the other party, it shall, at all times during the continuance of this Agreement and for twelve calendar months after its termination:
8.1.1 keep confidential all Restricted Information;
8.1.2 not disclose any Restricted Information to any other person;
8.1.3 not use any Restricted Information for any purpose other than as contemplated by and subject to the terms of this Agreement;
8.1.4 not make any copies of, record in any way or part with possession of any Restricted Information; and
8.1.5 ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that party, would be a breach of the above provisions of this Sub-Clauses 8.1.
8.2 Longrich may:
8.2.1 disclose any Restricted Information to:
184.108.40.206 any sub-contractor or supplier or customer;
220.127.116.11 any governmental or other authority or regulatory body; or
18.104.22.168 any of its employee or officers or of any of the aforementioned persons;
to such extent only as is necessary for the purposes contemplated by this Agreement, or as required by law; and
8.3 The provisions of this Clause shall continue in force in accordance with their terms, notwithstanding the termination of this Agreement for any reason.
Notwithstanding anything to the contrary in this Agreement, Longrich shall not, except in respect of death or personal injury caused by the proven gross negligence of the Distributor, be liable to the Distributor by reason of any representation or implied warranty, condition or other term or any duty at common law, or under any of the express terms of this Agreement, for any indirect or consequential loss or damage (whether for loss of profit or otherwise and whether occasioned by the negligence of the Distributor or its employees or agents or otherwise) arising out of or in connection with any act or omission of the Distributor.
10 No Indemnity
10.1 If any claim is made or threatened to be made against the Distributor arising out of or in connection with this Agreement, howsoever the same may arise and whether occasioned by the negligence of the Distributor or otherwise, the Distributor shall be liable for all consequences, losses, costs (including legal costs), expenses and damages arising there from and Longrich shall not under any circumstances be liable in respect of or to indemnify the Distributor in respect of any such losses, costs, (including legal cost), expenses or damages or for any other claim for compensation or any legal or other expenses which are awarded against or incurred by the Distributor or agreed to be paid by the Distributor in settlement of any such claim made or threatened to be made against the Distributor.
11 Force Majeure
11.1 For the purposes of this Agreement "Force Majeure" means, in relation to either party, any circumstances beyond the reasonable control of that party and for the avoidance of doubt it shall include pandemics.
11.2 Neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to other by reason of any delay in performance, or the non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party. The time for performance of that obligation shall be extended accordingly.
11.3 If the performance by either party of any of its obligations under this Agreement is prevented or delayed by Force Majeure for a continuous period in excess of one month, the parties shall enter into bona fide discussions with a view to alleviating its effects or to agreeing upon such alternative arrangements as may be fair and reasonable.
12 Data Protection
12.1 All personal information that Longrich or the Distributor may use will be collected, processed, and held in accordance with the provisions of any and all legislation and other regulatory requirements from time to time in force governing the collection, holding, and processing of personal data including, but not limited to, the Data Protection Act 2018 or any successor legislation, and EU Regulation 2016/679 General Data Protection Regulation (GDPR) and any other directly applicable EU regulation relating to privacy and data protection (for so long as EU law has legal effect in the UK) (“Data Protection Laws”).
12.2 For complete details of Longrich’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, and how to exercise them, and personal data sharing (where applicable), the Distributor should refer to Longrich’s Privacy Notice.
12.3 For the avoidance of doubt the Parties agree that they shall both comply with all applicable data protection requirements set out in the Data Protection Laws. This sub-Clause 12.3 shall not relieve either Party of any obligations set out in the Data Protection Laws and does not remove or replace any of those obligations.
13 Nature of the Agreement
13.1 Longrich shall be entitled to perform any of its obligations and to exercise any rights granted to it under this Agreement through any other member of its group, provided that any act or omission of that other member shall, for all the purposes of this Agreement, be deemed to be the act or omission of the party in question.
13.2 Longrich may assign, mortgage, or charge or sub-license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder.
13.3 This Agreement (including, for the avoidance of doubt the documents incorporated by reference including the Terms of Sale, the Code of Ethics, and the Compensation Plan contains the entire agreement between the parties with respect to its subject matter.
13.4 This Agreement supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.5 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
13.6 This Agreement may only be modified by an instrument in writing signed by the duly authorised representatives of the parties.
13.7 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
13.8 No person other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
13.9 If any one or more provisions of this Agreement are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed to be severed from the remainder of the Agreement. The remainder of this Agreement shall be valid and enforceable.
Subject to any express provisions to the contrary each party to this Agreement shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of this Agreement.
15 Notices and Service
15.1 All notices and other communications under this Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
15.2 Notices shall be deemed to have been duly given:
15.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
15.2.2. if transmitted by e-mail, on the first Business Day following transmission; or
15.2.3. on the second Business Day following mailing, if mailed by prepaid first-class post.
15.3 In each case notices shall be addressed to the most recent address or e-mail address notified to the other Party.
16 Relationship of the Parties
16.1 The Distributor acts as an independent business owner under this Agreement.
16.2 Nothing in this Agreement shall be construed to place the Parties in the relationship of agent and principal, partners, employer and employee, or joint venturers.
16.3 Neither Party shall have the right or power to obligate or bind the other in any manner whatsoever.
17 Set Off
The Distributor shall not be entitled to withhold payment of any sums after they become due by reason of any right of set-off or counter claim which the Distributor may have or allege to have or for any other reason whatsoever.
18 Applicable Law and Jurisdiction
18.1 This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with the laws of England and Wales.
The Parties irrevocably agree that any dispute, controversy, proceedings or claim arising out of or in connection with this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.
1. Definitions and Interpretation
“Account” means an account opened through this Site by a User who is wishes to apply to become a Distributor and which gives access and/or the use of certain areas of this Site, as detailed in Clause 4;
“Content” means any and all text, images, messages, audio, video, photographs, artwork, drawings, scripts, code, software, databases and any other form of information or materials capable of being stored on a computer that appears on, or forms part of, this Site
“Distributor” means a user of this Site who has applied to be and has been approved by Longrich to be a distributor of Longrich products subject to the terms of the Longrich Distributor Agreement;
“User Content” means any content submitted to this Site by users of this Site;
“Longrich Distributor Agreement” means the ‘Longrich Distributor Agreement’ that is to be found on this Site and sets out the terms on which a person acts as a Distributor;
means Longrich International (UK) Ltd, a company registered in England under11058419, whose registered address is 1 Wolston Meadow, Middleton, Milton Keynes, Buckinghamshire, England, MK10 9AY;
“you”, “your” means a User including a Distributor;
2. Information About Longrich
2.1 This Site is owned and operated by Longrich.
3. Access to this Site
3.1 Access to this Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access this Site.
3.3 Access to this Site is provided “as is” and on an “as available” basis.
3.4 Longrich may alter, suspend or discontinue this Site (or any part of it) at any time and without notice.
3.5 Longrich will not be liable to you in any way if this Site (or any part of it) becomes is unavailable at any time for any period for any reason.
4.1 Certain parts of this Site require an Account in order to access them. This includes parts of this Site that are reserved for Distributors.
4.2 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept fully up to date. Longrich requires that you use a strong password for your Account, consisting of a combination of upper and lower case letters, numbers and symbols
4.3 An Account can be opened in a minor’s name in so far as the parents/guardian/carer open the account using their own bank details for this purpose].The parent or guardian guarantees to Longrich that the child shall observe and carry out the obligations in this agreement. In the event that the child fails to carry out obligations, the parent or guardian shall promptly observe and perform the obligations on behalf of the child where possible. The parent or guardians shall indemnify Longrich against any loss caused to them as a result.
4.4 It is your responsibility to keep your password safe. You must not share your Account details with anyone else.
4.5 If you believe your Account is being used without your permission, please contact Longrich immediately. Longrich shall not be liable for any unauthorised use of your Account.
4.6 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.7 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Longrich’s obligations under the law, as set out in Clause 17.
4.8 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of this Site requiring an Account for access.
5. Intellectual Property Rights
5.1 With the exception of User Content (see Clause 6), all Content included on this Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Longrich. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from this Site unless given express written permission to do so by Longrich.
5.3 You may:
5.3.1 Access, view and use this Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download this Site(or any part of it) for caching;
5.3.3 Print one copy of any page(s) from this Site;
5.3.4 Download extracts from pages on this Site; and
5.3.5 Save pages from this Site for later and/or offline viewing.
5.4 Longrich’s status as the owner and author of the Content on this Site(or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content printed, saved or downloaded from this Site for commercial purposes without first obtaining a licence from Longrich (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of this Site for general information purposes whether by business users or consumers.
6. User Content
6.1 User Content on this Site includes name, contact details, product reviews, personal stories and testimonials and other personal information as may be required from time to time to transact business with Longrich.
6.2 An Account is required if you wish to submit User Content for the purposes of applying to become a Distributor. Please refer to Clause 4 for more information.
6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with the Acceptable Usage Policy, detailed below in Clause 12.
6.4 You agree that you will be liable to Longrich and will, to the fullest extent permissible by law, indemnify Longrich for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Longrich as a result of such breach.
6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Longrich an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting this Site. In addition, you also grant other Distributors the right to copy and quote your User Content within this Site.
6.6 If you wish to remove your User Content from this Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Longrich’s reasonable control).
6.7 Longrich may reject, reclassify, or remove any User Content from this Site where, in Longrich sole opinion, it violates the Acceptable Usage Policy, or if Longrich receives a complaint from a third party and determines that the User Content in question should be removed as a result.
7. Links to this Site
7.1 You may link to this Site provided that:
7.1.1 You do so in a fair and legal manner;
7.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Longrich’s part where none exists;
7.1.3 You do not use any logos or trademarks displayed on this Site without Longrich’s express prior written permission; and
7.1.4 You do not do so in a way that is calculated to damage Longrich’s reputation or to take unfair advantage of it.
7.2 You may not link to any page other than the homepage of this Site www.longrichinternational.co.uk. Deep linking to other pages requires Longrich’s express prior written permission. Please contact Longrich for further information.
7.3 Framing or embedding of this Site on other websites is not permitted without Longrich’s express prior written permission. Please contact Longrich for further information.
7.4 You may not link to this Site from any other website the main content of which contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 Promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Longrich where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other Sites
Links to other websites may be included on this Site. Unless expressly stated, these websites are not under Longrich’s control. Longrich neither assumes nor accepts responsibility or liability for the content of any third-party websites. The inclusion of a link to another website on this Site is for information only and does not imply any endorsement of the websites themselves or of those in control of them.
9.1 Nothing on this Site constitutes advice (professional or otherwise) on which you should or may rely. It is provided for general information purposes only.
9.2 Insofar as is permitted by law, Longrich makes no representation, warranty, or guarantee that this Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
9.3 Longrich makes reasonable efforts to ensure that the Content on this Site is complete, accurate, and up to date. Longrich does not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning any goods that may be for sale through this Site.
9.4 Longrich is not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant Distributor and do not reflect Longrich’s opinions, views, or values in any way.
10. Longrich’s Liability
10.1 The provisions of this Clause 10 apply only to the use of this Site.
10.2 To the fullest extent permissible by law, Longrich accepts no liability to any Distributor or user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) this Site or the use of or reliance upon any Content (including User Content) included on this Site.
10.3 To the fullest extent permissible by law, Longrich excludes all representations, warranties, and guarantees (whether express or implied) that may apply to this Site or any Content included on this Site.
10.4 If you are a business user, Longrich accepts no liability for loss of profits, sales, business or revenue, loss of business opportunity, goodwill or reputation, loss of anticipated savings, business interruption or for any indirect or consequential loss or damage.
10.5 Longrich exercises all reasonable skill and care to ensure that this Site is free from viruses and other malware. However, subject to sub-Clause 9.2, Longrich accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of this Site (including the downloading of any Content from it) or any other site referred to on this Site.
10.6 Longrich neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of this Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11. Viruses, Malware and Security
11.1 Longrich exercises all reasonable skill and care to ensure that this Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via this Site.
11.4 You must not attempt to gain unauthorised access to any part of this Site, the server on which this Site is stored, or any other server, computer, or database connected to this Site.
11.5 You must not attack this Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and Longrich will cooperate fully with those authorities by disclosing your identity to them. Your right to use this Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1 You may only use this Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 You must not use this Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 You must not use this Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 You must not use this Site in anyway, or for any purpose, that is intended to harm any person or persons in any way.
12.2 When submitting User Content (or communicating in any other way using this Site), you must not submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Longrich where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
12.2.12 Is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access this Site;
12.3.2 Remove any User Content submitted by you that violates this Acceptable Usage Policy;
12.3.3 Issue you with a written warning;
12.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 Take further legal action against you as appropriate;
12.3.6 Disclose such information to law enforcement authorities as required or as Longrich deem reasonably necessary; and/or
12.3.7 Any other actions which Longrich deems reasonably appropriate (and lawful).
13. Privacy and Cookies
16. Communications from Longrich
16.2 Longrich will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out or unsubscribe at any time. Any and all marketing emails sent by Longrich will include an unsubscribe link. If you opt out of receiving marketing emails from us at any time. Please allow up to 5 business days for Longrich to comply with your request. During that time, you may continue to receive emails from Longrich.
16.3 For questions or complaints about communications from Longrich (including, but not limited to marketing emails), please contact Longrich at firstname.lastname@example.org
17. Data Protection
17.1 All personal information that Longrich may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Longrich (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Longrich relating to these Terms and Conditions, or the relationship between you and Longrich (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Longrich, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
This is the privacy notice of Longrich International (UK) Limited (‘us’, ‘we’, ‘our’), company number 11058419, registered in England and Wales.
Our registered address is 1 Wolston Meadow, Middleton, Milton Keynes, Buckinghamshire, England, MK10 9AY.
The purpose of this privacy notice is to inform you about how we process information about you, including information that could identify you (‘personal information’) and information that does not.
If you buy our products from a member of our membership network, this policy also applies to the processing of your personal information by that member. Our members are required contractually to abide by the same rules as we follow.
The relevant law that applies, and with which we comply, is the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
In the context of the law and this notice, ‘process’ means collect, store, transfer, use or otherwise act on information.
One of the requirements of the law is to make you aware of your rights and our obligations to you in regard to the processing and control of your personal information. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
1. Information we process
We may collect, use, store and transfer different kinds of personal information about you depending on our relationship with you.
We categorise these as follows:
‘Customer Information’ is information that you provide to us when you purchase our products. It includes your name, your postal address, your email address, your telephone numbers, your payment information (information about your debit or credit card) and any other information that may identify you as a customer.
‘Member Information’ is information that you provide to us when you join our membership network. It includes your name, your postal address, your email address, your telephone numbers, financial information (information about your bank account and/or about one or more of your debit or credit cards) required for us to transfer commission to you and any other information that may identify you as a member.
‘Communication Information’ is any information that you have provided to us for the purpose of communicating, for any reason.
‘Technical Information’ includes your Internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
‘Marketing Information’ includes your preferences in receiving marketing from us; communication preferences; responses and actions in relation to your use of our website.
2. Aggregated data
Aggregating is the process of grouping data together.
We may aggregate data such as statistical or demographic data for any purpose. For example, we may assess the popularity of particular pages on our website by using Technical Information to calculate the proportion of visitors who acted in a particular way.
Although aggregated data may be derived from your personal information, it is not considered personal information in law because in aggregating it, it has been anonymised it so that it can no longer be associated with any individual person. It therefore is outside the scope of the Data Protection Act.
However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.
3. Special personal information
Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
We do not knowingly collect any special personal information about you.
The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information becomes no longer relevant then we shall immediately stop processing your information.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
4. Contractual obligation
When you buy a product from us or from one of our members, when you join our network as a member, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. This information is likely to be personal information such as Customer Information or Member Information.
We may use it in order to:
• fulfil an order for products
• provide you with the benefits of membership
• provide you with personalised suggestions and advice
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
If you fail to provide personal information to us, or no longer consent to our use of it, then we may not be able to perform our contract. If so, we shall notify you at the time.
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, our network or our products, you provide your consent to us to process information that may be personal information.
For example, this information may be Technical Information or Marketing Information.
However, through some of your actions, we might reasonably assume that you give your implicit consent to our processing of personal information.
Only in situations where you have given us explicit permission to do so, do we pass your name and contact information to anyone outside our network or business.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us online through the contact page of our website or in writing to our registered office address.
6. Legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
• whether the same objective could be achieved through other means
• whether processing (or not processing) might cause you harm
• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process any category of personal information on this basis for the purposes of:
• the necessary administration of our business
• responding to unsolicited communication from you to which we believe you would expect a response
• protecting and asserting the legal rights of any party, including your interests where we believe we have a duty to do so
• insuring against or obtaining professional advice that is required to manage business risk
7. Legal obligation
Sometimes, we must process your information in order to comply with a statutory legal obligation.
For example, we may be required to give information to the police or to a government department if they have the power to request that information or the proper authorisation, such as a search warrant or court order.
This may include your personal information.
Specific uses of information you provide to us
8. Communicating with us
When you contact us, whether by telephone, through our website or by e-mail, we process the information you have given us in order to reply to you. This information is likely to include personal information such as your name and your address, your email address or your telephone number.
We record all communication with you in order to be able to refer to it at a later date if necessary and provide you with a high level of service.
If you request that we do so, we may pass some of the information contained in your message to one of our members or someone outside of our organisation.
9. Payment information and financial information
Except where we expect that you will make multiple purchases and where you agree to our holding of your payment information, when we take payment from you as a customer, we collect your payment information for the purpose of a single transaction only. We do not store information about your debit or credit card for longer than required for the transaction.
If you join our membership network, you may request that we keep your financial information so that you can more easily pay your subscription as it falls due and so that we can pay commission on sales to you. We shall notify you when you provide your financial information how we shall use it.
To assist in combating fraud, we may share information with credit reference agencies.
10. Job application and employment
If you send us information in connection with a job application, we keep it only for as long as reasonably required by us.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for no longer than six years before destroying or deleting it.
12. Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the web pages on our website and how we perform in providing content to you.
13. Data may be processed outside the European Union
From time to time, personal information obtained within the UK or any other country could be processed outside the European Union.
Where this occurs, we use one of the following safeguards:
• either the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing; or
• we have a contract with the data processor that includes transfer clauses that oblige the data processor to process the data to the same standards as to which we are obliged.
14. Control over your own information
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.
At any time you may contact us to request that we provide you with the personal information we hold about you.
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Please be aware that we are not obliged by law to provide you with all personal information we hold about you, and that if we do provide you with information, the law allows us to charge for such provision if doing so incurs costs for us. After receiving your request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
Likewise, we are not obliged by law to delete your personal information or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.
15. Use of our website by children
We do not sell products or provide services for purchase by children, nor do we market to children.
However, we collect information about all users of and visitors regardless of age.
16. Encryption of data sent between us
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
When we receive a complaint, we record all the information you have given to us on the basis of consent. We use that information to resolve your complaint.
If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.
18. Retention period
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
• to provide you with the products and services you have requested
• to comply with other law, including for the period demanded by our tax authorities
• to support a claim or defence in court
19. Compliance with the law
We may update this privacy notice from time to time as necessary.