Business Policy
Terms & Conditions
EAZYWAYS AROGYA HEALTHCARE PVT. LTD. is a company duly incorporated under the Companies
Act and engaged in its lawful business, which is hereinafter referred as “Company”.
EAZYWAYS AROGYA HEALTHCARE PVT. LTD. is conducting a website www.eazyways.com, which is hereinafter referred as “Website”
and the user of this website is hereinafter referred as “Customer”, If he/she is
participating in the Promotion of Company’s Business then he/she will be referred
as Independent Business Owner “IBO”.
The applicant must be eligible/competent to enter into an agreement to become IBO
on the website.
The applicant must be an Indian Citizen and completed the age of 18 years.
The applicant must be capable of holding mental ability and of sound mind.
The applicant must not be declared insolvent by the court.
The applicant must not be convicted by any court of law.
Upon fulfilling all the stipulated conditions for becoming IBO of the website, the
company shall have complete discretion either to accept or reject the application
form of the applicant.
After acceptance of the application of the applicant, for IBOship, by the company,
the applicant shall have the opportunity to introduce other interested and prospective
users on the website.
Mere acceptance of this application form of the applicant, for obtaining IBOSHIP,
by the Company shall not entitle for any salary, commission or remuneration and
it also shall not be treated as an employee, agent or legal representative of the
company.
The applicant, after obtaining IBOship, shall develop/promote the business/product
of the company in the most efficient manner and shall also assist his/her team.
IBO shall be his/her own business and he/she shall bear all the expenses and operational
costs including expenses incurred in the process of purchasing, retail selling and
promotion of the products, taxes w.r.t. running of his/her business and he/she shall
not have any right, whatsoever, to claim the same from the company.
The IBO shall abide by the rules, regulations, and policies of the company.
The IBO may be revoked by the company without assigning any reason and in that case,
the IBO shall have no right to claim compensation whatsoever from the company.
The applicant, after obtaining the IBOship, shall not induce any other person or
prospective IBO for purchasing the product or obtaining the IBOSHIP by making any
false representation or statement.
In case the IBO makes any false representation or statement to public general or
prospective IBO regarding the product and business of the company, then such IBO
shall be liable for such act(s)/wrong(s) done by him/her and the company shall not
be liable for any such act/wrong done by that IBO.
The applicant shall not use any trademark or business sign of the company without
written permission of the authorized persons of the company in this regard.
The IBO shall do not misappropriate any financial transactions, property (moveable
or immoveable) as the same belongs to the company.
The IBO shall not make any false income claim or other representations or statements
about the Business plan of the company or its product to the general public or prospective
IBO or any other person.
The IBO shall assist his/her team.
The IBO shall only be permitted to promote the product of the company only through
personal contact and words of mouth and not by any other media, advertisement except
the promotional material provided by the company.
The IBO at any point of time shall neither repack the product nor temper the label
of the product of the company.
The IBO shall be responsible for compliance with all provisions of applicable tax
laws and other laws of the land pursuant to all transactions, which the applicant/
IBO shall make with the company.
The IBO shall not indulge in any activity which would affect the promotion of the
company's product and also the IBO shall not indulge in any activity or business
of other company similar working like this company/website.
The company shall have sole rights to alter, modify, add or delete part or whole
of the privileges of its business, rules, regulations, terms and conditions, suspend
and terminate without any prior notice to the IBO.
Any dispute(s) between IBO or its nominee(s) and company, arising from this agreement,
shall be referred to the sole arbitrator (appointed by the company) and same shall
be adjudicated by such Arbitrator as per provisions of Arbitration Conciliation
Act, 1996. However, all proceedings shall come within the jurisdiction of Delhi
only and such arbitration proceedings shall be held in Delhi only. The final decision
of the Arbitrator would be binding upon both the parties. Any breach of this covenant
by the IBO will make him liable for damages and legal costs to the Company.
The IBO shall not indulge in any activity which is/would be detrimental to the interest
and reputation of the company. In case, the IBO is found violating any terms and
condition of this agreement or any rules, regulations or policies of the company
then the company shall have every right to terminate the agreement without any prior
notice to such IBO.
The IBO shall be paid incentive for promotion or selling of company's product and
such incentives shall be calculated and paid as per the business rules of the company
and paid to the IBO by way of NEFT or any other mode which would be decided by the
company.
After the death of any IBO, his/her nominee/legal heirs/legal representatives shall
apply for replacement of their name as IBO in place of deceased IBO in accordance
with law and terms and conditions mentioned herein and the company shall have every
discretion to accept the application of such legal heir/nominee/legal representatives
and in case they are replaced then, rights and liabilities of deceased IBO shall
be passed on to his/her nominee(s) in accordance with law and terms and conditions
contained herein and rules, regulations & policies of the company shall be binding
upon such nominee(s) of the IBO.
The IBO shall not obstruct any other Business Owner in promoting the business of
the company.
General Rules
An IBO is one who has filled/accepted the t& c mentioned in IBO Application
and Agreement and has been accepted by the Company after purchasing the company
product. All Application and Agreement Forms need to be completely and correctly
filled before submitting the same to the registered office of the Company. Also,
Referrer IBO Number needs to be properly mentioned, and all entries need to be made
in bold, block letters to facilitate correct computer entry. Failure to do the above
would result in nonacceptance of the individual’s application for enrolling as an
IBO at www.eazyways.com.
The Company reserves the right to accept or reject anyone as an IBO without assigning
any reason thereof. On confirmation of any individual‘s IBO Status with the Company’s
IBOSHIP Plan, the said IBO receives an Acceptance / Welcome Letter.
All the IBO must be majors, a person of sound mind and capable of taking a decision
in their state of legal residence.
A partnership firm, private limited company, corporation, limited company, society,
an association of individuals is permitted to be an IBO in the Company Business.
No individual may, however, participate in more than one organization or GROUP REFERRAL
in any form without express written permission from the company.
Any violation of the Rules, Regulations, Policies and Procedures, terms of this
or any other policy that company may set from time to time by any IBO may result
in the cancellation of the said IBO.
The IBO Plan, as presented in official Company literature and the statement of Rules,
Regulations, Policies and Procedures as amended from time to time, are incorporated
into the IBO Application and Agreement and any addendum as displayed on the notice
board maintained in the registered office of the Company thereto, and all such documents
constitute the entire agreement between the parties regarding their business relationship.
The Company expressly reserves the right to alter or amend the cost of products,
Rules, Regulations, Policies and Procedures, product availability and/or formulation,
and the Company Business. Upon notification by display on the notice board maintained
in the registered office of the Company, such amendments are automatically incorporated
as part of the IBO Application and Agreement between the Company and the IBO.-ALL
IBO ARE REQUESTED TO CHECK UPDATES FROM WEBSITE.
Partial Invalidity: Should any portion of the training material, Rules, Regulations,
Policies and Procedures, IBO Application and Agreement, or of any other to herein
or issued by COMPANY, be declared invalid by a court of competent jurisdiction,
the balance of such rules, applications, or instruments shall remain in full force
and effect.
Identification: On acceptance of the Application Form of an applicant, the said
application will be given the status of a IBO with corresponding IBO Identification
Number and an Identification Card which will be given the status of a IBO Identification
Number and an Identification Card which will be valid for one year from the Date
of application and which will have to be renewed by the said IBO from the Company.
IBO is restricted from REFERRING other company’s products or services. However,
promotion of and carrying on activities of deceptively similar REFERRAL Marketing
or Multi Level Marketing Programmers without the written consent of the Company
is prohibited. Such IBO carrying on such activities will be terminated with immediate
effect and all incentives due to him or her shall stand forfeited by the Company,
and shall not claim by the person/ IBO or any of his/her associate.
TDS: (tax deducted at source) certificate will be issued only after receiving PAN
(permanent account number).
All the T & C have been explained to me in my vernacular language and accept
the same with free mind without any greed/force / pressure.
PARTICIPANT RESPOSIBILTIES
IBO is marketing the product of the company and not stockiest of the product. The
Agreement between the Company and its IBO does not create an employer/employee relationship,
agency, partnership, or joint venture between the Company and the IBO. All IBO are
responsible for paying applicable taxes due from earnings of sales incentives generated
as an IBO of the Company. The IBO has no authority (expressed or implied) to bind
the company to any obligation. An IBO need not have any prescribed hours of working
and may determine his/her own methods of promotion of company products, so long
as the said IBO complies with the Rules, Regulations, Policies and Procedures as
laid down by the Company from time to time.
In the conduct of his/her business, the IBO shall safeguard and promote the reputation
of the products of company and shall refrain from all conduct which might be harmful
to the reputation of the company or to the marketing of company products that inconsistent
with the public interest, and shall avoid all discourteous, deceptive, misleading,
unethical or immoral conduct or practices.
INDEMNITY AGREEMENT- Each and every IBO agrees to indemnify and hold harmless IBO,
its officers, agents, and directors, against any claims, demand, liability, loss,
cost or expense, including but not limited to attorney’s fees, arising or alleged
to arise in connection with that IBO or any Company's business.
The Company Business is built upon retail sales to the ultimate consumer / IBO recognizes
that IBO may wish to purchase company products/packages in reasonable amounts for
their own personal consumption/use. The IBO must fulfill published personal and
GROUP REFERRAL retails sales requirements, as well as supervisory responsibilities
as per the Company Business to qualify for sales incentives.
All IBOS are responsible for paying local, state and central taxes due on earnings
from incentives generated as a result of the sale of company products. Each IBO
shall comply with all taxes and regulations governing the sale of company products.
The IBO hereby agreed/undertake that he or she will not disclose any confidential
information/ data/ business plan/ marketing strategy to any other similar company
or its employees in any foam what so ever.
Upon death or incapacity of the IBO, his or her legal rights to incentives and marketing
position, together with IBO responsibilities, shall pass on to his or her nominee
(s) as per the IBO ’s Application Form. The succeeding IBO must meet general qualifications
for participation, and undertake to fulfill all responsibilities of the IBO.
IBO shall not use any unethical means to promote the company/business which harms
the reputation of the company.
REFERRERING OR RECRUITING
IBO is compensated only for personal sales and overrides and an incentive on the
sales generated in their GROUP organization according to Company Policy.
As an IBO has the right to referrer other IBO into the business. It is the responsibility
of each IBO to seek out individuals who may be interested in becoming users of the
products and/or participants in the BUSINESS PLAN.
Any IBO who referrers other into the Company’s Business Plan must fulfill the obligation
of performing a bona fide supervisory, distributing and selling function in the
sale and/or delivery of product to the ultimate consumer, and in training of those
referred.
The IBO must have ongoing contact, communication and management supervision with
his or her TEAM. Examples of such supervision may include but are not limited to
newsletters, written correspondence, personal meetings, telephone contact, training
sessions, accompanying individuals to company seminars and training. From time to
time company may ask proof of such ongoing fulfillment of referrer responsibilities.
Each Individual has the ultimate right to choose his/her own referrer. If two IBOS
should claim to be the referrer of a given individual, the Company shall regard
the first application received by IBO registered office as controlling.
There is no “Guarantee” involved in the Company Business. Those who referrer widely
but who do not help new IBO develop their business meet with limited success. Therefore,
a major responsibility of referrer ship is to work with new IBO, helping them learn
the business and encouraging them during the critical early months.
IBO Transfer of Referrer ship: IBO undertake not to transfer of referrer ship under
any circumstance
ELIGIBILITY FOR SALES INCENTIVE
The IBO shall be paid incentive purely based on referral and as per the company
marketing plan.
PROMOTIONS
All promotions and calculations of Incentives shall be done on each Saturday of
every calendar month or time specified by the company. The Company reserves its
right, for purposes of calculation of Incentives, to change the day to any other
day if the circumstances so warrant.
ADVERTISING
IBO may not advertise company products and/or BUSINESS Plan, except as specifically
approved in writing by the Company. IBO shall not make any false or fraudulent representation
about companies’ products, the Company Business, or Income potentials.
The IBO undertake not to promote IBO products in any way other than through the
advertising or promotional materials made available to IBO by the Company. The IBO
agrees not to use any written, printed, recorded or any other material in advertising,
promotion or describing the product or the BUSINESS PLAN, or in any other manner,
any material which has not been copyrighted and supplied by the Company, unless
such material has been submitted to the Company and approved in writing before being
disseminated, published or displayed.
No claims regarding any therapeutic or curative effects of any company products
may be made, except those officially approved in writing by the Company or as contained
in official literature. In particular, the IBO shall NOT make any statement/representation
of any “guarantee” about company product. Such statements can be perceived as unfair
trade practices, and as such, violate IBO Policy. Violation of this clause will
result in immediate termination for the said IBO. Refer to Termination clause.
The IBO, as a contractor, is fully responsible for all the verbal and written statements
made regarding the product and BUSINESS PLAN which are not expressly contained in
writing in the current IBO Application and Agreement or other IBO materials, advertising
or promotional materials supplied directly by the company . The IBO agrees to indemnify
company and hold it harmless from any and all liability including judgments, civil
penalties, refund, attorney fees, court costs or lost business incurred by IBO as
result of the IBO’s unauthorized representation.
IBO undertake not to use of its copyright, designs, logos, trade names, trademarks,
etc. without prior written approval of the Company. All company materials, whether
printed, or film, or produced by sound recording are copyrighted and may not be
reproduced in whole or in part by any person except as authorized by the company
. Permission to reproduce any materials will be considered only in extreme circumstances.
IBO may not produce, use or distribute any information relative to the contents,
characteristics or properties of company products which have not been provided directly
by the Company. This prohibition includes limited to print, audio or video media.
IBO may not produce, sell or distribute literature, films or sound recordings which
are deceptively similar in nature to those produced, published and provided by the
Company for its IBO, nor may an IBO purchase, sell or distribute non-company materials
which imply or suggest that the said materials originate from IBO.
Any display advertisements or institutional or trademark advertising copy not covered
by the preceding must be submitted to the registered office of the Company and approved
in writing by prior to publication or usage. All advertising copy, direct mailing,
radio, TV, newspaper and display copy must be approved in writing before being disseminated,
published or displayed.
If any IBO found guilty of doing any unfair practice for promoting the company product/business,
shall be terminated from the company membership with immediate effect.
CLAIMS AND MISREPRESENTATION
INCOME CLAIMS No claim shall be entertained if found based on misleading projection/false
commitment/fake promises. No false or misleading income projections may be made
to prospective IBO. In their enthusiasm, IBO is often tempted to represent hypothetical
income figures based on the inherent power of GROUP REFERRAL Marketing as actual
income projections. This is counterproductive, since new IBO may be quickly disappointed
if their results are not as extensive or as rapid as a hypothetical model would
suggest. IBO firmly believes that income potentials are great enough to be highly
attractive even when based in reality, without resorting to artificial and unrealistic
projections.
REPRESENTATION OF STATUS
In all Cases, any reference the IBO makes regarding himself/herself must clearly
set forth the IBO’s status.
BUSINESS CARDS & STATIONERY
Any printed material, including business cards and stationery, must be approved
by the Company in advance. Criteria for approving these materials will include a
judgment regarding the quality of the materials as well as properly be setting forth
the status of the IBO.
PRESS ENQUIRIES
Any inquiries by the media are to be referred immediately to the Company. This policy
is to ensure accuracy and a consistent public image.
WAIVER
IBO never gives up its right to insist on compliance with these rules or with the
applicable laws governing the conduct of a business.
This is true in all cases; both specifically expressed a dimpled, unless any officer
duly authorized by the Company in contracts or an agreement specifies in writing
that the Company waives any of these provisions. In addition, any time the Company
gives permission for a breach of rules, that permission does not extend to future
breaches.
This provision deals with the concept of “waiver”, and the parties undertake that
IBO does not waive any of its rights under any circumstances short of the writing
confirmation alluded to above.
NO EXCLUSIVE TERRITORIES
There are no exclusive territories for marketing purposes, nor shall any IBO imply
or state that he/she does hence an exclusive territory. However, IBO encourages
IBO to build and manage their sales organizations for a responsible growth.
TERMINATION
VOLUNTARY RESIGNATION: At any time and for any reason, the IBO may elect to terminate
his/her contract with IBO, subject to the condition that the same would be accepted
by the company officials. This can be accomplished by sending written notification
along with an undertaking in prescribed format available at the company office.
INVOLUNTARY TERMINATION: IBO reserves the right to terminate the agreement with
the company at any time or cause when it is determined that the IBO has violated
the provisions of the IBO’s Application and Agreement or other regulations, including
the provisions of these rules, regulations, policies, and procedures as they may
be amended or the provisions of applicable laws and standards of fair dealing. Such
involuntary termination shall be made by IBO at its absolute discretion. Upon an
involuntary termination, the terminated IBO agrees to immediately cease representing
himself or herself as an IBO. Where applicable state law on termination of an agreement
with the IBO is inconsistent with Company policy, such state law termination procedures
shall be done in force.
When a decision is made to terminate the agreement with the IBO, the Company communicate
the said IBO that such agreement with the IBO is terminated with immediate effect.
The IBO will have seven working days from the date of receipt of the information
to lodge his application/representation in writing with the Company. An IBO must
submit his or her written application/representation with relevant documentation
and such application shall be reviewed by the Company. The decision on the application
shall be treated as final and binding and be thereafter sent to the IBO.
In case an IBO whose application has been rejected or refunded and joins any other
GROUP REFERRAL. The company reserves the right to-
(i) Cancel his IBO Status
(ii) Forfeiting of his incentive cheques
(iii) His GROUP will be moved directly to the company
(iv) Cancellation of all rewards and recognition
The IBO may cancel /reject/refund/return/withdraw the IBO within three days of accepting
the IBO and the incentive shall be distributed accordingly. And the IBO further
undertakes to return the product in sealed condition. The entire IBO who wants to
be the stockiest of the company shall have to sign a separate MOU.
FORCE MAJURE
The company shall not be liable for any incentive/cashback / bonus/reward etc. in
a case of any force Majeure which is beyond the company’s power. It also includes
any provision/law passed by the government of India from time to time.
ARBITRATION & JURISDICTION
Any and all disputes, controversies and conflict (“Disputes”) arising out of this
agreement between the parties or arising out of or relating to or in connection
with this agreement and the performance or non-performance of the rights and obligations
set forth herein or the breach, termination or invalidity thereof shall be referred
to arbitration in terms of the arbitration and conciliation act, 1996. Prior to
submitting the Disputes to arbitrations, the parties shall mutually resolve to settle
the disputes through mutual negotiations and discussions. In the event that the
said disputes are not settled within 30 days of the arising Disputes, the same shall
finally be settled and determined by arbitration to be conducted by a sole arbitrator
appointed in accordance with the arbitration and conciliation act, 1996 or any other
statuary amendment thereof. The place of arbitration shall be New Delhi and the
language used in the arbitral proceedings shall be in English. The arbitral proceedings
shall be conducted by a sole arbitrator.
The sole arbitrator shall be decided and appointed by mutual consent of both the
parties.
The arbitral award and decision of the arbitrator shall be in writing and shall
be final and binding and shall be enforceable in any court of competent jurisdiction.
None of the parties shall be entitled to commence or maintain any action in a court
of law upon any Dispute arising out of or relating to or in connection with this
agreement, except for the enforcement of an arbitral award or as permitted under
the arbitration and conciliation act, 1996.
Pending the submission to arbitration and thereafter, till the tribunal renders
its award or decision, the party shall, except in the event of termination of this
agreement or in the event that relief/award is granted under the aforementioned
act, continued to performed their obligations under this agreement.
Save as aforesaid, the courts at Delhi shall have the exclusive jurisdiction in
respect of the subject matter of this agreement.
Accepting the T & C mentioned herein shall constitute an agreement/MOU between
the company and the IBO.