Terms & Conditions
Incentive Membership Agreement – Terms and Conditions
Legal Definitions:
"Member" or "Membership," as referred to in this document shall mean: The end-user for the term of incentive membership.
“THE CLUB” as referred to in this document shall mean: The ANU Points
Scope and Purpose:
To explain the rights and restrictions of the ANU Points Club One Year Incentive Membership as it applies to Incentive Memberships only.
Term of Use:
Each membership will be valid for one calendar year from date of initial use year as determined by Anu. One year Incentive Membership will only have one year’s worth of points defined as the following: 200 Points - 1 year trial membership.
Limited Rights:
Under the annual term of the Incentive Membership, enrolled Incentive Members are restricted from “Borrowing Points,” “Transferring Points,” or “Banking Points.”
One year Incentive Members cannot sell, rent their accommodation or deed membership in any way – directly or indirectly. Should Incentive Member elect to transfer their membership, the club reserves the right to approve/disapprove transfer. Should transfer be approved, new Incentive Member will need to complete their own Incentive Membership Agreement. Should transfer not be approved, the Incentive Member still has the option of using the membership under the terms of this agreement. If any member is caught in breach of these restrictions will loose all rights and privileges in association with the membership and membership will be terminated.
Redemption Process and Privileges:
Upon receipt of your order and agreement to these terms conditions membership will be processed and a user name and password will be generated upon verification of identity of end user. All one year Incentive Members will be enrolled in the White Glove Customer Care program and designated as VIP’s and assigned to one Membership Consultant for the duration of their one year incentive membership.
Waiver:
The waiver by any party of a breach of any provision of these Terms and Conditions shall not operate as a waiver of a breach of any other provision of these Terms and Conditions by any party. Call Monitoring and Recording:You understand that the club may monitor, tape and/ or record any conversation that may occur between us throughout the year you are enrolled as a one year Incentive Member for quality control purposes. However, the club is not obligated to do so and may choose not to do so. Notices: All notices, requests, consents, and other communications required or permitted pursuant to these Terms and Conditions shall be in writing, including electronic transmission, and shall be, as elected by the person giving such notice, hand delivered by messenger or courier service, or mailed via regular mail, postage prepaid, and addressed to the club at its principal offices as set forth on www.empyreanclub.com and if to you, to the most recent address on record with the club. Each such communication shall be deemed delivered on the date delivered if by personal delivery, messenger or courier service, or five (5) days from the postmark on such communication.
Fees and Charges:
- Retail price of each one year Incentive Membership is defined as by third party reseller/International Associate.
- Transaction Fee: Unless otherwise stipulated or agreed, the Incentive Member is responsible for all transactions fees charged by Anu. Fees range in price from ($16-$98);(£8 - £50) but subject to change. Please contact your Membership Consultant/ANU for a current fee schedule for your respective country.
- Payments, Default and Collection Policies: All payments will be received at time of product delivery unless otherwise agreed by both parties. Should payment be refused by Vendor financial institution and result in fees to the ANU Points Club Inc, we reserve the right to immediately collect all monies owed including fees/charges assessed by our financial institution/and or processors.
- Due to the fact that there are financial implications to the Points Club when Marketing the ANU points trial membership, the Points Club will enforce a no refund policy.
Assignment of Rights and Obligations Under These Terms and Conditions:
The club may assign its rights and obligations pursuant to these Terms and Conditions without prior notice.
Severability:
If any term, condition or provision of these Terms and Conditions or the application thereof to any party or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby. In each other term, condition and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law. Certain Provisions Survive Termination, Cancellation or Expiration of Membership:
All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive the termination, cancellation or expiration of any Membership. These Terms and Conditions and all transactions contemplated by these Terms and Conditions shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws. Amendment: These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and the club with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and the Club. These Terms and Conditions shall not be construed more strongly against the club despite the club's responsibility for its preparation.
Electronic Signature:
By opting in you are agreeing to the charges associated with the items you are purchasing, should be purchasing, or activating your membership. You give consent to the ANU Points Club to create an electronic signature to represent you on the ANU Online Participation Agreement for processing purposes only.