The Company upon scrutiny and verification of the Application may register / appoint the Applicant as "Direct Seller" for selling the products / services of the Company. The Company shall be at liberty to accept or reject the application at its discretion without assigning any reason whatsoever.
The Applicant / Direct Seller hereby agree as under:
1.That he/she has clearly understood the marketing methods/plan, compensation method/plan, the incentive plan, its limitations and terms & conditions. He/she agrees that he/she is not relying upon any misrepresentation/s or fraudulent inducement or assurance or commitment that is not set out in the terms and conditions of this agreement or marketing plan / incentive plan or any other officially printed or published materials of the Company. Furthermore shall abide the law as envisaged in “The Consumer Protection Act 1986” amended up to date and Consumer Protection (Direct Selling) Rules 2021 amended up to date published in a Gazette Notification dated 28th December 2021, issued by the Ministry of Consumer Affairs Food & Public Distribution, Department of Consumer Affairs, Govt. of India.
2.The Direct Seller further confirms that he/she has read and understood the terms & conditions of this agreement carefully and agrees to be bound by them. Further the Direct Seller confirms that he/she has already attained the age of Majority and also executed an Affidavit in that respect.
3.Relation between the Company and the Direct Seller shall be governed, in addition to terms & conditions of this agreement, by the rules and procedure mentioned in the marketing plan and other documents which are available on website or provided by the company in any manner.
4.Direct Seller is an independent contractor, and nothing contained in this agreement shall be construed to the following :
- a. Give any party the power to direct and control the day-to-day activities the other party
- b. Constitute the parties as anything else but independent entities including but not limited to partners, agencies, joint ventures, co-owners, employees etc.
- c. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.
5.Direct Seller is not an employee of the Company and shall not be entitled to have any employee's benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, GST and other taxes chargeable to Direct Seller on amounts earned thereof. All Legal, Statutory, financial and other obligations associated with Direct Seller's business / income shall be the sole responsibility of the Direct Seller.
6.Furthermore, the company shall not be responsible for any illegal activities or violation of any law of the land committed by the direct seller or misleading information or false / untrue promises made by the direct seller or mis-selling etc. of any product etc. perpetuated by the direct seller and in that eventuality, the said direct seller shall be exclusively liable responsible for civil / criminal consequences in the court of law or before other authorities.
7.It is made and understood in very clear terms that a Direct Seller is not an Agent, Employee nor an authorized representative of the Company or its service providers. He/she is not authorized to receive/accept any amount/payment for and behalf of the Company and any payment received by him/her from any party shall not be deemed to be received by the Company.
8.Direct Seller, hereby declares that all the Information furnished by him/her is true and correct including that Direct Seller is not convicted or bankrupt during the last 5 years prior to his/her association with the business of Direct Selling or a person of unsound mind. The Company shall be at liberty to take any action against the Direct Seller in case it is discovered at any stage that the Direct Seller has furnished any wrong/false/misleading information to the Company.
9.If any relative as defined under the provisions of Income Tax Act, 1961 or defined under the provisions of Companies Act, 2013 of existing direct seller desires to become direct seller of the company, then he/she shall disclose the relationship with existing direct seller to the company unequivocally and in writing and thereafter it will be the company's sole discretion to accept or reject the application of such relatives.
THE DIRECT SELLER SHALL BE ENTITLED TO THE FOLLOWING PRIVILEGES:
1.Incentive for effecting sale of products / services of the Company as per marketing plan, compensation method/plan, the incentive plan etc.
2.Search and inspect his/her account on the website of the Company through credentials awarded by the Company.
3.Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or network of Direct Sellers as stipulated in the marketing plan, compensation method / plan or the incentive plan of the Company.
4.The Direct Seller shall be entitled to a cooling off period of 30 days to terminate this agreement from the date of acceptance of this agreement without any punishable clause. Direct Seller needs to expressly inform the Company about termination of the agreement. In the absence of any communication from Direct Seller, it will be considered consent of the Direct Seller to act as Direct Seller with the Company under the terms and conditions of this agreement
5.The Direct seller shall have the option to return the currently marketable goods purchased by him/her within period from the date of the purchase. Such return shall be governed by the buyback policy published / displayed in the website of the company, which can be found at REFUND / RETURN POLICY (https://www.hwrslife.com)
BUY BACK POLICY FOR DIRECT SELLERS -PRODUCTS
The Company provides a Buy Back Policy to the Direct Sellers who wishes to resign as a Direct Seller and return any products / services that are in good condition, useable, resalable, restock-able, unopened, and unaltered and must have a shelf life of at least 6 months.
If the Direct Seller resigns within 30 days from the purchase of the product(s), the Company shall provide a full refund for the product(s) to the Direct Seller.
If the Direct Seller resigns after the 30 days from the date of purchase of product(s) from the Company, the amount refunded will be equal to Direct Seller’s cost of the product(s) being returned, less total bonus / compensation / incentive paid out by the Company on the original purchase, less service charge.
OBLIGATIONS OF THE DIRECT SELLER
1.The Direct Seller hereby undertakes not to compel or induce or mislead any person with any false statement / promise to purchase products from the Company or to become Direct Seller of the Company
2.Direct Seller shall use his/her best efforts to promote the sale of products and services offered by the Company
3.Direct Seller shall also provide reasonable assistance to Company in promotional activities. Direct Seller will assist the company by taking part in all promotional events; use the marketing inputs judiciously for maximizing sales of the products and services offered by the company. Direct seller shall offer accurate and complete explanations and demonstrations of products and services along with their price, payment terms, return policies etc. to a prospective consumer without any kind of inducement, allurement or misleading information to the customer / proposed Direct Seller.
4.Direct Seller shall take care for all obligations; provisions terms and conditions etc. of the provisions of “The Consumer Protection Act 1986” amended up to date and Consumer Protection (Direct Selling) Rules 2021 amended up to date published in a Gazette Notification dated 28th December 2021, issued by the Ministry of Consumer Affairs Food & Public Distribution, Department of Consumer Affairs, Govt. of India.
5.The Company reserves its right to withheld / block/ suspend the rights and privileges of the Direct Seller if he / she fails to provide any details as desired by the Company from time to time or receipt of any complaint against the said Direct Seller.
6.In case the Direct Seller leaves his/her contractual capacity due to any exigent reason or demise, then either his/her nominee or one of the legal heir with the written consent of all other legal heirs may join the Company as Direct Seller in place of the deceased direct seller provided he/she applies in prescribed form and undertakes to abide all rules and regulations, terms and conditions of this agreement in the same manner as that of original Direct Seller. Furthermore, in case of failure to arrive at such consent within six months from the date of death of the said Direct Seller or losing his/her contractual capacity, the Company shall be at liberty to terminate and abeyance the same.
7.Direct Seller shall be sole responsible for all the arrangements, expenses, permission from local authorities, complying with rules of Central Government, State Government, local body or any other Government body for the meetings and seminars or any other event conducted by the Direct Seller.
8.Direct Seller shall be sole responsible for all the arrangements, expenses, permission from local authorities, complying with rules of Central Government, State Government, local body or any other Government body for the meetings and seminars or any other event conducted by the Direct Seller. It is specifically mentioned herein that the Direct Seller shall not use and exhibit the logo / name / style / font etc. of the company in any seminar / event / promotion online / offline etc.
9.Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling products / services, or the business opportunity on any website / online portal / mobile application / online forum or any other online medium without a written consent of the Company.
10.Direct Seller shall at the initiation of any sale representation, truthfully and clearly identify himself / herself, disclose the identity of the direct selling entity, the address of place of business, the nature of goods or services sold and the purpose of such solicitation to the prospect; and make an offer to the prospect providing accurate and complete information, demonstration of goods and services, prices, credit terms, terms of payment, return, exchange, refund policy, return policy, terms of guarantee and after-sale service;
11.Direct Seller shall provide requisite document / information to the prospective consumer / proposed Direct Seller / customer at or prior to the time of the initial sale about the direct selling entity and the direct seller comprising the name, address, registration number, identity proof and contact number of the direct seller, complete description of the goods or services to be supplied, the country of origin and price of the goods, the order date, the total amount to be paid by the consumer / proposed Direct Seller, including the consumer's rights to cancel the order or to return the product in saleable condition and avail full refund on sums paid and complete details regarding the complaint redressal mechanism of the direct selling entity;
12.Direct Seller shall be under obligation if requires under law to obtain goods and service tax registration, Permanent Account Number registration, all applicable trade registrations and licenses and comply with the requirements of applicable laws, rules and regulations for sale of a product and also ensure that actual product delivered to the buyer matches with the description of the product given
13.Direct Seller shall take appropriate steps to ensure the protection of all sensitive personal information provided by the consumer in accordance with the applicable laws for the time being in force and ensure adequate safeguards to prevent access to, or misuse of, data by unauthorized persons.
DIRECT SELLER SHALL NOT DO FOLLOWING ACTS
1.Direct Seller shall not visit a consumer's premises without identity card and prior appointment or approval or provide any literature to a prospect, which has not been approved by the direct selling entity or require a prospect to purchase any literature or sales demonstration equipment or in pursuance of a sale, make any claim that is not consistent with claims authorized by the direct selling entity.
2.Direct Seller shall not selling a product or service by misrepresenting in order to successfully complete a sale and includes providing consumers with misleading information about a product or service or omitting key information about a product or providing information that makes the product appear to be something it is not;
3.Direct Seller shall not indulge in fraudulent activities or sales and shall take reasonable steps to ensure that participants including network do not indulge in false or misleading representations or any other form of fraud, coercion, harassment, or unconscionable or unlawful means or engage in, or cause or permit, any conduct that is misleading or likely to mislead with regard to any material particulars relating to its direct selling business, or to the goods or services being sold by himself / herself or indulge in mis-selling of products or services to consumers.
4.Direct Seller shall not use, or cause or permit to be used, any fraudulent, coercive, unconscionable or unlawful means, or cause harassment, for promoting the business, or for sale of goods or services.
5.Direct Seller shall comply with the requirements of all relevant laws, including payment of taxes and deductions thereunder and shall not induce consumers to make a purchase based upon the representation that they can reduce or recover the price by referring prospective customers to the direct sellers for similar purchases.
6.The Direct seller shall not charge any entry fee or subscription fee or renewal fee or joining fee or seminar fee / ticket cost etc. from prospect consumers or existing direct sellers or any monetary consideration on the basis of false and misleading information from the prospect customers in the name of other so called activities.
7.Direct Seller shall not promote a “pyramid scheme” or enrol any person to such a scheme or participate in such arrangement in any manner or participate in “money circulation scheme” during the business activities.
MODIFICATION OF THE AGREEMENT
Notwithstanding anything stated or provided herein, Company reserves the complete rights and discretion to modify, amend, alter, or vary the terms and conditions, products, services, marketing plan, compensation plan/method, incentive plan/method and any other policies at any time without any prior notice.
Modification shall be published through the official website of the Company or any other mode as company may deem fit and proper and such modification/amendment shall be applicable and binding upon the Direct Seller from the date of such modification/notification. If the Direct Seller does not agree to such amendment, he/she may terminate his/her rights, benefits and privileges as a Direct Seller within 30 days of publication of such modification/notification by giving a written notice to the Company to such effect. Without any objection to such modifications/alterations it shall be deemed that he/she has accepted all modifications and amendments in the terms & conditions of this agreement.
COMPENSATION / SALES INCENTIVE
The Company shall pay the Direct Seller sales incentive/commission/compensation as prescribed in the Marketing Plan / Compensation Plan / Sales Incentive Plan which shall be available at the website of the company. The sales incentive/commission/compensation will be subjected to the relevant taxes as applicable. Paying such Taxes is the responsibility of the Direct Seller. The Company reserves its right to revise the rates and methods of calculating sales incentive/commission/compensation from time to time. The Company does not guarantee/assure any particular or fixed facilitation fees or fixed income to the Direct Seller. Furthermore sales incentive/commission/compensation can be achieved by the Direct Seller only on the basis of continuous augment / efforts by him/her or their network of direct sellers to promote / sell the products of the company.
BUSINESS EXPENSES
Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The company will not entertain any reimbursement on any expense made by the Direct Seller other than sales incentive earned by the Direct Seller as per the Marketing Plan / Compensation Plan.
USE OF PERMITTED MATERIAL FOR PROMOTION
Direct Seller shall not use any literature, etc to a prospect which has not been approved by the company.
CUSTOMER COMPLAINTS
Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the Services immediately and forward to Company the information regarding those complaints. Failure to do so may be considered as withholding critical information from the Company.
NON COMPETE DURING ASSOCIATION
The company invests it’s time, money, intellectual property along with many other resources to educate, train, improve skills and provide insights to Direct Sellers therefore during the term of association as direct seller with the Company, Direct Seller shall and/or his/her relative as defined under the provisions of Income Tax Act, 1961 or defined under the provisions of Companies Act, 2013 not represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities.
NON COMPETE AFTER TERMINATION OF AGREEMENT
The company invests it’s time, money, intellectual property along with many other resources to educate, train, improve skills and provide insights to Direct Sellers therefore for a period of 6 months after the Direct Seller is no longer in working with the Company, the Direct Seller or through his relative will not, directly or indirectly, either as proprietor, stockholder, shareholder, partner, officer, employee or otherwise, distribute, sell, offer to sell, or solicit any orders for the purchase or distribution of any products or services which are similar to those distributed, promoted, sold or provided by the Company.
TERMINATION
The company is free to review the performance of any Direct Seller at timely intervals. Any Direct Seller not performing to the full satisfaction of the company in terms of securing new orders or in compliance of company's policies and terms and conditions of this agreement is liable to be terminated.
The Company shall issue a notice to the direct seller who is found liable for termination, after 30 days of the issuance of such notice this agreement shall be terminated.
The Company shall be at complete liberty to terminate this agreement and devoid the direct sellers of their benefits, rights and privileges in occurrence of any of the following event(s):
1.Where a direct seller is found to have made no purchases by himself/herself of products and services for a period of 2 years since the date of joining the Company as a Direct Seller or where there is no purchases by himself/herself of products or services for a continuous period of 2 years since the date of the last purchases made.
2.Where a direct seller failed to comply with any terms and conditions of this agreement or violates the same.
3.Where information given by direct seller is found wrong/false/misleading intentionally or otherwise.
4.Where direct seller is no longer the citizen of The Republic of India.
5.Where direct seller is convicted of an offence punishable imprisonment of whatever term.
6.Where direct seller resign voluntarily.
7.Where company deem it necessary to terminate the direct seller in the interest of company's business or in the interest of others direct sellers connected thereof including opening of new company doing the same business activities as of Direct Selling entity herein, Crossline, Joining other company by Direct Sellers or his/her family members.
8.Where the Direct Seller contravenes the terms and conditions of the Direct Seller agreement.
RETURN OF MATERIALS UPON TERMINATION
Direct Seller acknowledges that by reason of its relationship to Company hereunder, it will have access to certain information and materials concerning Company's business plans, customers, technology, and products / services that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Direct Seller agrees that he/she shall not use in any way for its own account or the account of any third party, nor disclose to any third party any such confidential information revealed to him/her by the Company during or after his/her term as a Direct Seller with the Company.
Company shall advise the Direct Seller whether or not it considers any particular information or materials to be confidential. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.
CONFIDENTIALITY
Direct Seller acknowledges that by reason of its relationship to Company hereunder, it will have access to certain information and materials concerning Company's business plans, customers, technology, and products / services that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Direct Seller agrees that he/she shall not use in any way for its own account or the account of any third party, nor disclose to any third party any such confidential information revealed to him/her by the Company during or after his/her term as a Direct Seller with the Company.
Company shall advise the Direct Seller whether or not it considers any particular information or materials to be confidential. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.
JURISDICTION
The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Excluding Grievance Redressal Clause of the terms & conditions of this agreement, all Disputes, either civil or criminal in nature, shall be subject to the exclusive territorial jurisdiction at Delhi Court including Hon’ble High Court.
