Terms & Conditions
E-CONTRACT
These terms and conditions are construed in accordance with the model guidelines
on direct selling issued by the Govt. of India, Ministry of Consumer Affairs, Food
& Public Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT
(Vol-II) dated 9th Sept. 2016 read Indian Contract Act 1872 and supersedes any prior
terms and conditions, discussions or agreements between Company and direct seller.
Between Eazyways Arogya Healthcare Private Limited, which is a company incorporated
under Companies Act 2013 having its Registered Office at 101, Pocket A, Mayur Vihar,
Phase - 2, Delhi - 110091.
And
The person/entity who has filed the online application form available on Companies
Website (which expression shall unless repugnant to the context or meaning there
of be deemed to mean and include his / her/ their legal heirs, executors, administrators
and assignees of both the parties.
Whereas the first party is a registered company under Companies Act 2013 and the
second party is willing to work with the first party after full compliance of the
Indian Contract Act 1872 read with the guidelines as provided by Govt. of India,
Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer
Affairs vide F.No. 21/18/2014-IT (Vol-II) dated 9th Sept. 2016 on the following
terms and conditions.
- That the second party undertakes that he/ she/they are major of about 18 years and
are capable of taking the decision of sound mind and not being convicted by any
court of law. The second party further undertakes not to use any unethical means
against the policies of the company to sale / to refer / to build a network.
- The second party further agrees that all the information furnished to the company
is correct and properly entered, any request for correction furnished by the Independent
Business Owner as to his / her sponsor or placement details will not be entertained.
The company reserves the rights to accept or reject any request given by the Independent
Business Owner at its own discretion.
- That the first party agrees to allow the cooling off period of 30 days in order
to cancel the Independent Business Ownership and to receive a refund for goods or
services purchased.
- The second party further agrees to allow for back/return policy with respect to
cancel the order or to return the product in saleable condition as per the policies
of the company.
- The second party hereby agrees, not to represent, sell or distribute the products
of other party or stockiest, or any other direct selling company etc. and will not
cater to or sell the product of any other brand other than the brands or products
of the company, mentioned and given / provided by the Company during the tenure
of Independent Business Ownership.
- The second party agrees that they will provide all details of the first party i.e,
Direct Selling entity to the prospective consumer at the time of representing the
company and also shall give the description of the goods and services to be supplied
to the prospective consumer.
- The second party hereby agrees that he/ she/they shall carry their identity cards
/ any other identification mark is given by the first party and shall not visit
the prospective consumer's premises without prior appointment or approval.
- The second party hereby further agrees that at the initiation of the representation
without request they shall identify themselves truthfully and clearly and they will
clearly represent the identity of the first party, nature of the goods along with
services sold and the purpose of the solicitation to the Independent Business Ownership.
- The second party hereby agrees he/she will render accurate and complete explanations
and demonstrations of goods and services, prices, credit terms, payment terms, return
policies and terms of guarantee after sales service or any other policies of the
first party.
- The second party undertakes that he/ she/they will get the incentives as per the
business/compensation plan of the company / first party.
- Independent Business Owner at any point in time shall neither repack the product
nor temper the label of the product of the company.
- Eazyways Arogya Healthcare Private Limited prohibits any Independent Business Owner
to make bulk purchases.
- The second party further agrees not to list, market, advertise, promote, discuss
or sell any product or the business opportunity on any website / online portal/mobile
application / online forum / or any other manner that offers like auction as a mode
of selling without the prior approval from the first party.
- The second party further agrees to pay all the Govt. taxes (Whatsoever of any kind)
as and when applicable and shall not hold responsible the first party for the same.
- The second party hereby agrees that they shall neither mislead to the prospective
consumer nor they shall do false, deceptive or unfair practices including misrepresentation
of actual or potential sales or earnings and advantages of direct selling to any
prospective direct seller, in their interaction with prospective direct sellers.
- The second party hereby agrees that they shall not make any factual representation
to a prospective direct seller, which cannot be verified or make any promise which
cannot be fulfilled against the policies of the first party.
- The second party further agrees that they shall not present any advantages of direct
selling to any prospective direct seller in a false and or a deceptive manner.
- The second party hereby agrees that they shall not knowingly make, omit, engage
cause or permit to be made, any representation relating to the direct selling operation,
including Business Plan and agreement between the first party and the second party,
or the goods and / or services being sold by such direct seller, which is false
and / or misleading.
- The second party hereby agrees that they shall not provide any literature and/or
training material not restricted to collateral issued by the first party to a prospective
and or existing Independent Business Owner, both within and outside the parent Direct
selling Entity i.e. the Company, which has not been approved by the first party.
- The second party hereby agrees that, it will be their sole responsibility to sell
the products, purchased from the first party by their skill, ability, and personal
application, goods/products once sold, will not be taken back under any circumstances
other than the buyback policy of the first party and this risk of loss and damages
shall sustained by the second party only with their own cost. This risk transferred
to the second party immediately after the pickāup of the product on behalf of them
i.e. agent or transport carrier etc, from the first party.
- The second party hereby agrees to defend, indemnify and hold harmless to the first
company against any liability, losses, damages or costs or any legal costs, incurred
or suffered by the first party as a result of any breach, negligence act or omission
or willful default on the part of them or their representative arising either directly
or indirectly for the performance or non performance by the second party or anyone
on behalf of them.
- The second party hereby agrees to provide documentary proof of personal identification
and address proof, as per KYC process framed by the first party on its website.
- The second party hereby acknowledges that in their relationship with the first party
and / or by virtue of this agreement, they and their employees, shareholders, officers,
directors, principals, agents and contractors (collectively representatives) will
be and shall hereafter continue to be entrusted with confidential information, the
discloser of any of which to competitors of the first party or to the general public
would be highly detrimental to the best interest of the first party.
- Both parties hereby agree that all control and monitoring of the practices and methods
shall be controlled by the first party.
- Both parties hereby agree, in case of termination of agreement, one month prior
written notice to be given to the either party.
- Between the parties, it has been agreed that Independent Business Ownership is not
transferable under any circumstances.
- All disputes, questions or differences whatsoever which shall either during the
substances of the agreement or after the termination thereof arise the parties hereto
or their respective representatives, touching these presents or the construction
or the application thereof or anything herein contained shall be resolved under
Indian Arbitration and Conciliation Act and / or its statutory amendments, modifications
and re-enactment. The place of arbitration shall be New Delhi (India) only.
- Both the parties have signed this contract after understanding the contents in their
vernacular language with their free mind, and without any force / pressure whatsoever
of any kind.
By clicking the agreed column, the second party undertakes that he/ she/they have
read & understood all the terms and conditions, policies and procedures &
Business plan mentioned in Application Form, Contract / E-Contract, Policy &
Procedures Manual and the Eazyways Business Plan and agree to abide by them.