Term Condition

TERMS AND CONDITIONS FOR DIRECT SELLERS

M/S Navrachana Arogya Pvt. Ltd. , a wellness and nutraceuticals Company engaged in the business of the Marketing based on health care wellness products ,food supplement products , personal care , beauty care products and FMCG hereinafter referred to as " The Company '' , The Company is engaged into the business of direct selling through the structure of Multilevel Marketing . For smooth running the business of Direct Selling, Company has framed certain rules and regulations, marketing plan and other terms and conditions. The Company exclusively uses its website to display the details of the products, marketing methods and business monitoring. It uses verbal or inter-personal publicity to promote its wellness products and business. The Company appoints Direct Seller/Independent Business Owner across the country for marketing and sale of its products. Individuals (Indian Citizens only) interested in becoming the Direct Seller of the Company, can apply for the same in prescribed form. There is no deposit or any charges for becoming a Direct Seller of the Company.

Before filling the Application Form, the intending Direct Seller shall go through the terms and conditions herein below thoroughly and if agrees the terms and conditions, one shall append his/her signature in the column provided here under as token of their acceptance or accept it at online, the website www.navrachanaarogya.com ; after registering the application form; the page of terms and conditions opens to go thoroughly.

DEFINITIONS: ( AS DEFINED HERE UNDER )-

• Direct Selling means marketing or sales of goods directly to the end user / consumer either by oral publicity or display or demonstrations of the goods / products.
• Direct Selling Entity/Means a Company namely M/S NAVRACHANA AROGYA PVT. LTD. having its Registered office at SINGHARA (BUZURG), P.S.-MAHUA, DISTT.-VAISHALI-BIHAR -844126 ; as well as Corporate office in Shyam Nagar, Behind-Gandhi Nagar Hospital ; Kanke Road-Ranchi.
• Direct Seller means a person competent to enter into contract as per " Indian Contract Act ", and who is authorized and registered as Direct Seller.
• Consumer means a person who purchases goods for consumption and for commercial purposes.
• Goods/Products means defined in the sale of Goods Act, 1930 and service means defined in the consumer protection Act, 1986.
• Sales incentive means amount of incentive payable to the Direct Seller for effecting sale of goods/products.
• Unique Id / Track Id means unique identification number issued by the Company to the Direct Seller as token of acceptance of his/her application for Direct Selling.
• Password means Unique Code allotted to each Direct Seller to allow them to log on to the website of the Company.
• Website means official website of the company, i.e., www.navrachanaarogya.com

1. THE APPOINTMENT AND UNDERSTANDING
• The Company upon scrutiny and verification of the Application may register the Applicant as "Direct Seller" for Direct Selling the goods/products of the company. The company shall be at liberty to accept or reject his/her application at its discretion.
• The Direct Seller shall enjoy the following privileges:-
  • Incentive for effecting sale of goods/products of the company as per marketing plan.
  • No territorial restriction to sale the goods /products.
  • Search and inspect his/her account of website of the company through password awarded by the company.
  • Earnings of the Direct Seller shall be as per performance by the Direct Seller either by his personal efforts or through team as per the marketing plan of the Company.
  • Direct Seller must verify or go through the company policy book; where it is written all the instructions & laws in elaborate manner.
• An individual, after his/her signature shall be deemed to have accepted the terms & conditions stipulated herein. He/she shall become the Direct Seller of the company. Allotment of password and ID shall be constructed as the Registration of Direct Seller.
• The applicant hereby covenants that as under-
1. That he/she has clearly understood the marketing method/plan, the compensation plan, its limitations and conditions. It has been agreed by the Direct Seller is not relying any misrepresentations or fraud lent inducement or assurance that is not set out in terms and conditions of the company.
2. Relation between Company and the Direct Seller shall be governed in addition to this agreement, by the rules and procedure mentioned in the marketing plan, available on website. The Direct Seller further confirms that he/she has read and understood the terms & conditions carefully and agrees to be bound by them.
3. Direct Seller shall act as a freelancer and shall not commit any misfeasance or malfeasance to create any liability/obligations of the company.
4. It is made and understood in very clear terms that Direct Seller is not an agent , Employee nor an authorized representative of the company or its service providers. /She is not authorized to receive/accept any amount/payment for and behalf of the company and any payment received by him/her will not deemed to be received by the company.
2. GENERAL TERMS
1. The Company may appoint any third party for collection/distribution services. Direct Seller is required to visit the Company's official website from time to time to get such appointment and avail facilities to make payment and collect valid receipt and products from its outlets/collection center or through online E. Commerce delivery by courier.
2. The Direct Seller will be eligible to earn bonus/income as per the Business Volume of sale of products /Business done by the said Direct Seller,subject to the eligibility norms formulated by the company from time to time. The Company does not guarantee/assure any particular or fixed facilitatio income to the Direct Seller.
3. Unique ID/Track ID has to be quoted by the Direct Seller in all his/her transactions and correspondence with the Company.
4. No communication will be entertained without unique ID and password. Preserve the ID and Password properly as it is "must" for logging website.
5. Commission/Bonus/Income to the Direct Seller shall be subjected to statutory deductions as applicable.
6. The Company reserves its right to withheld/block/suspend the Direct Seller in the event the Direct Sellers fails to provide any details as desired by the Company.
7. Processing charges or any other applicable charges will be deducted as per the Company's norms.
8. Direct Seller undertakes to adhere for policies, procedures, rules and regulations formed by the Company.
9. The Direct Seller shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other Direct Seller and their clients.
10. Company reserves the rights to modify the terms and conditions, products, plan, business and policies at any time without notice. Modification shall be published through the website of the Company, and any such modification/amendment shall be applicable and binding upon the Direct Seller from the date of such notification.
11. In case of death of Direct Seller either his/her nominee or one of the legal heir with consent of all the legal heirs may join the Company as Direct Seller in place of the deceased, by providing the documents applied in prescribed form and undertakes to abide all rules and regulations, terms and conditions etc., in the same manner as that of ORIGINAL DIRECT SELLER. In case of failure to arrival at such consent within six months from date of death of the Seller, the Company shall be at liberty to terminate the ID. For this period the Company will keep his/her ID in abeyance.
12. If any Direct Seller loses his contractual capacity due to any reason such as lunacy, bankruptcy or sentenced to imprisonment or any other legal embargo is crested, his/her Direct Seller-ship shall be continued through the person duly appointed by the competent Court.
13. Direct Seller shall have to follow all statutory laws, rules and regulations. Direct Seller shall not engage in any deceptive unlawful trade practice as defined statute.
14. Direct Seller shall not manipulate the marketing plan or product's MRP, DISCOUNT PRICE (DP) OR BUSINESS VOLUME (B.V.) etc. of the company, in any way.
15. Direct Seller shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company without any authority from the Company.
16. Direct Seller or any other person under him/her team is strictly prohibited to use promotional material, other than developed and authorized by the Company.
17. Direct Seller should not use the trademark, logotype and design of the Company anywhere without written permission from the Company. Said permission can be withdrawn anytime by the Company.
18. All the agreements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Direct Seller for meeting and seminars conducted by Direct Seller.
19. Sponsor of any Direct Seller will never be changed by anyhow, in any case. For this act, no option in software has been built.
20. Direct Sellers are advised to get return/exchange any goods/products from the unsatisfied consumer before 30 - DAYS from the date of billing along with the proof of bill including unique ID No. & name printed on bill.
3. PROHIBITIONS
1. Direct Seller or his/her relatives (relative means dependent son or daughter, father/mother, spouse) shall not engage in any other entity. If it is found then such Direct Seller shall be terminated. But If, anyone person of the family is already involved in any other product based on MLM BUSINESS; it must be informed to the management of NAVRACHANA AROGYA PVT. LTD.
2. Direct Seller is prohibited from selling any product or promoting for undercutting of prices to any other person/shop/agency/online portal.
3. 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.
4. DUTY AND CONFIDENTIALITY
• Direct Sellers/Leaders (Emerald & Above) or any authorized person shall keep and maintain secrecy and confidentially about the reasonably expected to be disclosed.
5. SPECIAL CONDITIONS
• Notwithstanding anything stated or provided herein, the Company shall have all powers and discretion to modify, alter or vary the terms and condition in any manner it deems fit and shall be communicated through official website or other mode as the Company may deems fit and proper. If any Direct Seller does not agree to such amendment, he/she may terminate their agreement within 45-days of such publication by giving a written notice to the Company without any objection to such modification/alteration etc., if Direct Seller continues his/her activities, it will be deemed that he/she has accepted all modifications and amendments in the terms and conditions for future.
6. TERMINATION
• Company may terminate this agreement for any reason not limited to ;
  1. Pursuant to the provision to the marketing plan.
  2. For reason of non-performance.
  3. Any unethical and pre judicial work to the interest of the Company.
  4. For the breach of any terms and conditions of this agreement and marketing plan.
  5. Information given by Direct Seller found wrong/false.
  6. In convicted of an offence punishable imprisonment of whatever term.
  7. Is declared bankrupt.
  8. Is not mentally sound to handle the business.
  9. Is involved in misguiding/converting any team member for other Company
  Termination of a Direct Seller means termination of -
  • All rights and entitlements as a Direct Seller from this Company.
  • Personal information given on website.
  • Identification as a Direct Seller of this Company.
  • Right to go at any Company's office and attend Company's meeting/seminars.
  • The Direct Seller may terminate this agreement at any time by giving a written notice to the Company or vice-versa through physical hard copy or soft copy via email/ Whatsapp whichever will be applicable.
7. RENEWAL/AGREEMNT PERIOD
• There is no Joining Fee (except the application form), No Annual Fee, no renewal Fee. Lifetime Membership.
8. FORCE MAJEURE
• The Company 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 other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared not) civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, any type of redirection by Government (Central and/or State), Local Authority etc.
9. RECOURSE AND LEGAL APPLICABILITY
1. The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Disputes, either civil or criminal in nature, shall be subject to the exclusive jurisdiction of the courts in Patna, Bihar or Ranchi (Jharkhand) only and nowhere else.
2. 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 Company. Direct Seller shall not raise any objection, in case the Arbitrator so appointed any manner whatsoever. Arbitration in such event shall be conducted as per "Arbitration and conciliation Act, 1996" as amend from time to time . Venue of such Arbitration shall be in Patna/ Ranchi and the language shall be English/Hindi.
3. The Company'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 lessor 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.
10. SMS ALERTS
• The Direct Seller agrees to receive the SMS ALERTS from the Company on Mobile No. Mentioned/quoted above and will not object even if they are received despite of DND activated. Direct Seller shall intimate the change in Mobile No. (If Any).
11. SOLEMNLY AFFIRM AND DECLARE AS FOLLOWS:
• That I have read and understood the terms and conditions for appointment of Direct Seller of the Company.
• I have also gone through the Company's official website, printed materials, brochures and convinced about the business and I have applied to appoint m as a Direct Seller on my own volition.
• I declare that I have not been given any assurance or promise or inducement by the Company or its Directors in regard to any fixed income incentive, prize or benefit on account of the product purchased by me; apart of the announced marketing plan of the Company.
• I have clearly understood that eligibility of income exclusively depends on my performance in business volume as from terms and conditions. I further agree that company reserve the right to change the Business Plan at any point of time without prior notice.
• I undertake not to misguide or induce any one dishonestly to join the Company.
• I hereby agree and adhere to the terms and conditions as stipulated along with the application form and as mentioned above to agree to purchase the product as Consumer/to do the Direct Seller activities.
• I hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the Company.
• I also declare that at present any other Direct Seller-ship Identity [ID] is not activated in my name; if this information will be found false or any other ID will be caught activated in any other's sponsorship, Company has right to terminate my second ID by which only previous ID will be in practice for doing business. I do hereby declare and confirm that, I have understood the terms and conditions and agree to to abide by these.

I do hereby declare and confirm that, I have understood the terms and conditions and agree to to abide by these. Read and agreed.