Terms & Conditions
- The Direct Seller will be eligible for facilitation fees or income, as per the volume of sale of Products/Business done by him, subject to the eligibility norms formulated by the Care India from time to time. The Care India does not guarantee/assure any facilitation fees or income to the Direct Seller on account of becoming just a mere “Direct Seller” of the Care India.
- No communication will be entertained without unique ID and password. Direct Seller shall preserve the ID and Password properly as it is “must” for logging on to website.
- Commission/income to the Direct Seller shall be subjected to statutory deductions as applicable.
- The Care India reserves its right to withheld/block/suspend the Direct Seller in the event the Direct Seller fails to provide any details as desired by the Care India from time to time including but not limited to Pan card details.
- Direct Seller undertakes to adhere for policies, procedures, rules and regulations formed by the Care India.
- The Direct Seller shall be faithful to the Care India and shall uphold the integrity and decorum to the Care India and shall maintain good relations with other Direct Seller and other clients also.
- Care India reserves the rights to modify the terms and conditions, products, plan, business and policies with/without giving prior notice. Such notice may be published through the official website of the Care India, and any such modification/amendment shall be applicable and binding unto the Direct Seller from the date of such notice.
- In case of death or loss of contractual capacity of Direct Seller, his/her nominee or legal heir shall become the Direct Seller of the Care India and he/she shall also abide by all rules and regulations, terms and conditions etc., in the same manner as original Direct Seller was being abide/ supposed to abide .
- Direct Seller shall comply with all state and central government and local governing body laws, regulations and codes that apply to the operation of their Care Direct Selling LLP business. Direct Seller must not engage in any deceptive of unlawful trade practice as defined by any central, state or local law or regulation.
- Direct Seller shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Care India otherwise than for authorization for the same.
- Direct Seller and/or any other person is strictly prohibited to use Business Promotional Material, other than Business Promotional Material developed and/or authorized to develop by the Care India.
- Direct Seller shall not use the Care Direct Selling LLP trademark, logo type and design anywhere without written permission from the Care India. This permission can be withdrawn at any time by the Care India.
- All the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Direct Seller for meetings and seminars conducted by Direct Seller.
Direct Seller authorization shall expire at the end of twelve months from the date of acceptance of application form for Direct Seller by the Company. In order to keep continuity as Direct Seller of Care Direct Selling for further period, Direct Seller must annually renew his/her authorization of Care Direct Selling Direct Seller on or before the expiry period.
Care India Direct Selling LLP reserves the right to refuse any renewal request and can revoke any Direct Seller renewal application if, in Care India’s opinion, the Direct Seller’s activities have not been in accordance with the interest of Care India Direct Selling LLP or if the Direct Seller did not comply with any of the rules, procedures, terms and conditions etc.,during the twelve preceding months.
The agreement of Direct Seller will automatically finish in case of non-compliance of renewal formalities
Care India does not permit distributors to display/sell its products/ literature through retail stores. No Distributor shall permit Care India Products or services to be sold or displayed in retail stores, schools, fairs, ships or military stores; nor shall he or she permit any Care India product to appear in such locations. A Distributor who works in or owns a retail store must operate his or her Care India business separate and apart from the retail store. Such Distributors must secure customers and deliver products to them in the same manner as Care India Distributors who have no connection with a store. Other types of retail establishments, which are not technically stores, such as barber shops, beauty shops, or professional offices, etc., likewise may not be used to display Care India Products.
Business Plan Manipulation:
Distributor’s shall not manipulate the Plan, point value (PV) or business volume (BV) in any way which results in the payment of bonuses or other awards and recognition that have not been earned in accordance with the business Plan of Care India.
If a distributor is found not to purchased any Product continuous from six months, then He/ She will be termed as “Inactive Distributor” and Care India reserves the rights of cancel, terminate and suspend his/ her distributorship from the Care India
Repacking & Pricing:
Distributors are not permitted to repackaging, relabeling or any other alteration or to sell any Products loose or not in originally form of Care India Products.
Acceptance, Rejection & termination of Application:
Care India reserves the right to accept or reject any application to be a Distributor without having to give any explanation whatsoever. Care India may terminate this agreement by giving a written notice if is found to violate any of the above rules and regulations.
The Distributor may terminate this Agreement at any time by giving a written notice to Care India & by submitting an application acknowledgement of receipt.
Distributor may transfer the distributorship to her/his blood relative, spouse or spouse of the blood relative only. In case of incapacity or death of distributor nominee may be allow for by the Care India.
Distributorship will be cancelled, terminate, suspended by the Care India for the reasons in the policies, terms & conditions and Code Of ethics.
Enticement to Change Position in the Line of Sponsorship:
Under no circumstances shall a distributor, directly or indirectly, solicit, assist, attempt to induce, or encourage another distributor to request a change in position in the Line of Sponsorship.
If a distributor wishes to transfer to a different sponsor then, He/ She has terminate his or her distributorship agreement for a period of six months or longer. After the inactive period He/She can join as a new distributor under a new sponsor.
- Prohibited Act:
- Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling any product, or the business opportunity on any website or online forum that offers like auction as a mode of selling.
- The Direct Seller hereby undertakes not to compel or induce or mislead any person with any false statement /promise to purchase products from the Care India or to become Direct Seller of the Care India.
- Fund-raising includes the solicitation for the donation of funds or for the purchase of Care India products or services based on the representation that n all, or some, of the gains, proceeds, donations, bonuses, or profits generated by such sale will benefit a particular group or organization.
TERMINATION OF AGREEMENT:
A. Care India may terminate this agreement for any reason not limited to
- Pursuant to the provision to the marketing plan.
- For reason of non-performance.
- Any unethical and pre judicial work to the interest of the Care India.
- For the breach of any terms and conditions of this agreement and marketing plan.
- Information given by Direct Seller found wrong/false.
- In convicted of an offence punishable by a prison term.
- Is declared bankrupt.
- Is not mentally sound to handle the business.
- Migrate to other country.
B. Termination of a Direct Seller means termination of
- All rights and entitlements as a Care India Direct Selling LLP’s Direct Seller.
- Personal information given on website.
- Identification as a Care India Direct Selling Direct Seller.
- Right to go at any Care India Direct Selling office and attend Care India’s meeting or seminars.
The Care India Direct Selling LLP shall not be liable for any failure to perform its obligations where such failure has resulted due to Acts of Nature (including fire, flood, earthquake, storm, hurricane or natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, any type of redirection by Government (Central and / or State), Local Authority etc. LEGAL APPLICABILITY
i. The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Disputes, if any, shall be subject to the exclusive jurisdiction of the courts in Jaipur, Rajasthan.
ii. If any dispute or difference arises out of or in relation to these presents, the same shall be referred to sole arbitrator appointed by the Care India. Direct Seller shall not raise any objection, in case the Arbitrator so appointed by the Care India is related/associated with the Care India in any manner whatsoever. Arbitration in such event shall be conducted as per “Arbitration and conciliation Act, 1996” as amended from time to time. Venue of such Arbitration shall be in Jaipur and the language shall be English.
Care India Direct Selling's liability, whether in contract, tort or otherwise arising out of or in connection with the agreement and/or relationship arising there from shall not exceed the lesser of a) actual damages or loss assessed by the arbitrator or any other dispute resolution mechanism adopted by the parties or; b) the total commission earned by the Direct Seller during preceding six months of the date of dispute.