Direct Seller Agreement
Please read this document carefully before venturing/accessing the EVPL. (Earnmark Ventures Pvt. Ltd.) website at www.valuue.in (“the site”), you are hereby agree to these terms and conditions which are appearing hereinbelow or as may be modified/amended from time to time in future, the same shall be binding upon you including all its modifications which EVPL at its sole discretion may choose to carry out any modification/amendment in these terms and conditions.
If you have any questions or any query, please contact firstname.lastname@example.org
The company (Earnmark Ventures Pvt Ltd) and the Direct seller undertake to comply with the guidelines issued vide F. No. 21/18/2014-IT (Vol-II) dated 9th September 2016 by Department of Consumer Affairs (Ministry of Consumer Affairs, Food and Public Distribution, GOI) as DIRECT SELLING GUIDELINES, 2016 and which notified as G.S.R. 1013(E) dated 26th October 2016 with its true spirit and object.
This site is owned by Earnmark Ventures Private Limited (“the company”), a company incorporated under the laws of India. This document is between “you”, the direct seller, and the company. This document contains the legal information about the company and its policies etc. and will apply to you whether you are merely accessing the site or are registering yourself as a direct seller and purchasing the products either by the direct seller themselves or through him or her by the customer. The company reserves its right to suspend or terminate your access or use of this site at any time, without notice in case of violation of any of the guidelines issued by the govt. of India stated herein above or any act done by you by way of contravention of any law of the land or the policies of the company. The products of the company which are available for the customers or the direct sellers are displayed on the website and more products can be added in the future after displaying the same on the website or can be removed after giving appropriate notice to its customer or direct seller to be purchased by the customer / direct seller.
2. Content on the site and business material
All material (including information relating to products) on the site and the material published by the Company or authorized by the Company for use as part of the business (“business support material”) belongs to the company and/or its licensees, trademark, logo, etc. and company owns all intellectual property rights in the same. The mark “EVPL” & “Valuue” is used for the company (Earnmark Ventures Pvt Ltd.). All other trademarks/logos appearing on the various goods/products exclusively belong to the company. You, prospective customer/customer / direct seller undertake not to violate any intellectual property or any other statutory or common law right relating to the content displayed on this site and the business support material and if so, will indemnify the company for the same. You also undertake that you will not reproduce, modify, replace, publish, license, create derivative works, sell any or all of the content on the site or the business support material or create any database in any form by downloading and storage. The information contained on the site and the business support material is for your personal use only and for the purposes of the business marketing plan of the company and is confidential/proprietary in nature. You undertake not to use this information for all times even after termination of direct seller agreement for any purposes antithetical to the business of the company. You shall not use any content, including products offered on this site and/or the business support material for any illegal purpose or against the purposes or interest of the company. It is the obligation and the responsibility of the advertiser or sponsor if their services are required in the future by the company to comply with relevant codes, laws, guidelines issued by govt. of India.
The company reserves the right to terminate the direct seller agreement in the event of any breach by you of any of the terms of the same or any act or omission on your part which is violative of any applicable law or policy, guidelines issued by govt. of India in respect of direct selling or any other law to be enacted in future by the govt. of India or any other state govt. or if you commit any act of default. In case of information received by the company that the Direct Seller are indulged in activities of printing / displaying/circulating / electronically decimate the material containing the name of the company and its logo, the same shall be viewed very seriously and entitled the company to terminate the Direct Seller Agreement with the said Direct Seller in view of the contravention of the Direct Seller Agreement. The company also reserves its right to initiate appropriate legal proceedings against you, civil or criminal in nature, at your sole risk, cost and expense and claim including without limitation damages and compensation for the breach. You also undertake to indemnify the company on account of any and all costs or damages that may arise due to any such breach.
4. Consideration/Refund/Buy-back Policy/Cooling-off Period
There is clear cut policy of our company with regard to the buy-back for the goods / products which are of currently marketable being sold to the intending customer / customer / direct seller at their request at reasonable terms. It is specifically stipulated and notified hereby, on behalf of our company that every customer / direct seller shall be entitled to have a reasonable buy-back policy which has been evoked by our company, where a customer / direct seller within a period of 30 days from the date of delivery of the products/goods by our company is entitled to a refund or buy-back, excluding shipping costs paid, on reasonable commercial terms as mutually agreed between the customer / direct seller and our company subject to without any damage/alteration / physical loss being caused to the product and same would be of marketable value. Further every customer / direct seller shall be entitled to have a reasonable cooling-off period of 30 days to participate or cancel participation in the business opportunity of our company and receive a refund of any consideration, as stated above, given to participate in the operations. It is further notified that every customer / direct seller during this cooling-off period shall be entitled to return the goods/products purchased by the direct seller during this cooling-off period subject to without any damage / alteration / physical loss to the product as of marketable value. However, the products offered to you by the company and as advertised on the website are for the prices as mentioned therein. The company reserves its right to modify the pricing structure at its own discretion including offering the same products at discounts, as part of packages and even as free add-ons.
4.(A). SHIP and DELIVERY POLICY
All the payment details are checked thoroughly and then the shipping of the product takes place. All the products are shipped from company’s warehouse address / other associate delivery centres to all over India through renowned courier companies. This delivery of the products will take a minimum of 2 working days to 15 working days subject to various atmospheric conditions and the availability of the customer at his given address, etc.
4.(B). E-COMMERCE FLOW and INCORP.
We are a Direct Selling company and we sell our products through Direct sellers who are independent distributors working on commission earned by them through their own individual efforts. Once a Customer buys a desired product through the direct seller, he/she can start marketing our products and thus start earning a commission on their efforts. They are given a unique business login code and technical support via their own online dashboard where they can manage their sales and earn commissions.
5. Linking and Framing
The company is neither responsible nor liable for any content on any site of which links are found on this website or which might be framed by this website. All intellectual property rights in the linked/framed sites belong to that site and the company does not purport to have any right or obligation in that respect by linking/framing. Links to other sites do not constitute or imply an endorsement or recommendation by the company of their products or the content on their site.
6. Misuse of the site and Spam
You are put to notice that you will be liable under civil and criminal law (including without limitation the Indian Information Technology Act, 2000) for any attempt to disrupt, tamper, hack, destroy, alter or intentionally or knowingly misuse the site and/or its contents or use the site for any such purposes. You may not post, transmit or market any objectionable, threatening, defamatory, illegal, pornographic, disparaging content through the site or the webspace allotted to you for which you will be liable with all attendant legal consequences. The company disclaims all liability or responsibility for the content posted or transmitted through your webspace and you will be held solely responsible and liable for the same. Spamming is not a business practice of the company and you undertake not to utilize the information on the site or the services on the site, including details of persons, to indulge in spamming or similar activities. In the event that your involvement, direct or indirect, is suspected in this respect, you will be proceeded against under applicable laws and be liable to the company for all damages, including without limitation, aggravated and exemplary damages.
7. Limitation of Liability
The Company does not give any warranties in respect of the site, the content, products available through the site unless specified otherwise. The site and the products are on an “as is” and “as available” basis. To the extent allowed by applicable law, the Company disclaims all warranties, conditions or duties of whatsoever nature including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties and duties regarding accuracy, timeliness, completeness, performance, lack of negligence. The company makes no warranty that the site is or will be free from infection by virus or anything else with destructive or contaminating properties. You agree that the only recovery of damages that you may get shall be limited to the direct damages/losses you actually incur, up to the limit of a refund of the amount you paid for the product/service or will alternatively be entitled to correction or replacement of the product/service.
8. Jurisdiction and dispute resolution
These terms shall be governed by and construed in accordance with Indian law. All disputes and differences arising out of this Agreement including the interpretation of this Agreement will be first resolved by the parties amicably, failing which the matter shall be referred to the sole arbitrator to be conducted in English in Surat, under the provisions of the Indian Arbitration and Conciliation Act 1996, who will be appointed by the company only. The parties irrevocably agree that subject to the above, the courts at New Delhi would have exclusive jurisdiction.
9. Direct Seller Agreement
In the event, you purchase the products of the company, apart from the instant legal document, you shall be subjected to comply by the terms and conditions contained in the Direct Seller Agreement on the website.
a) You cannot assign, sub-license or otherwise transfer any of your rights under these terms.
b) If any provision of these terms is found to be invalid by any court/tribunal having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
c) Failure by any party to exercise their rights or remedies under this Agreement does not constitute a waiver of that right or remedy.
d) All data and personal details provided by you to the company must be accurate. The company reserves the right to terminate the agreement in the event any information given to the company is found to be misleading, false or inaccurate. You understand that all such data may be disclosed by the company for purposes of a business, compliance with law/regulation or in order to prevent any illegal activity.
e) It is expressly understood by the parties that performance under this agreement may be prevented by any act of God or force majeure, including without limitation natural disasters, war, severe technical failures, government law or policy, which will not be construed by parties to mean failure to perform contractually. In such an event, all parties will take all possible steps to resume the normal performance of obligations under this agreement.
f) The company will take all possible steps to ensure the security of personal information and passwords and Ids of the user, but cannot and does not warrant such security and disclaims all liability for any losses or damage resulting from such security breaches.
g) You warrant that you have the legal capacity to enter into this contract and attained the age of maturity, not incapacitated to manage business due to mental or legal reasons, not been suspended from current profession or business by any professional association, society, or institution, or not been committed to imprisonment by any judicial authority or confined to any correctional institution of any kind.
h) Please note that in case you are employed by any central government/state government agency, Indian armed forces or any such establishment that disallows you to work part-time/full time/earn commissions/remuneration, you will not be able to enter into this agreement/document.
11. You accept that it is the prerogative of the management of the company to alter, amend or reduce the amount of compensation/remuneration to be given to the direct seller without prior notice.
12. Contact Us: The company can be contacted at the following addresses/numbers:
Earnmark Ventures Pvt Ltd
Address : 409, Mahek Icon, Besides Sumul Dairy, Katargam, Surat, Gujarat, India - 395004
E mail: email@example.com