DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Products or the services by the Direct Sellers and immediately forward to Company the information regarding those complaints. (No Provision for Online Complaint Form in view of the Guidelines of 2016?

 

  1. Non-Compete

 

  • During the term of association - During the term of association as Direct Seller with M/s ASEEDO solution  Private Limited, Direct Seller directly or indirectly 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 Join I Commence represent, promote or otherwise try to do direct selling activities that, in Company's judgment, compete with its direct selling activities and shall take prior approval from the Company of entering in any other venture or association or entity to ascertain there is no conflicting interest.

 

  • After the termination - For a period of one year after the Direct Seller Is no longer in association with the Company, the Direct Seller will not, directly or indirectly, in any capacity perform the business of similar nature (direct selling business dealing with any products or services) as performed by the Company.

 

  1. OBLIGATIONS OF DIRECT SELLERS (ASEEDO RETAILERS / ASEEDO REPRESENTATIVES

 

  1. Retailers / Representatives engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment / approval;

 

  1. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Direct Selling Entity, the nature of the goods/services or services sold and the purpose of the solicitation to the prospective consumer;

 

  1. Offer a prospective consumer accurate and complete explanations and demonstrations of goods/services and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;

 

  1. Provide the following information to the prospective consumers at the time of sale, namely:

 

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the Retailer / Representative and details of the Company.

 

  1. A description of the goods/services or services to be supplied;

 

  1. Explain to the consumer about the goods/services return policy of the Company in the details before the transaction;

 

  1. The Order date, the total amount to be paid by the consumer along with the bill and receipt;

 

  1. Time and place for inspection of the sample and delivery of good;

 

  1. Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;

 

  1. Details regarding the complaint redressal mechanism.

 

  1. A Retailer / Representative shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods/services sold by him / her, in such form as per applicable law.

 

  1. A Retailer / Representative shall not:

 

  1. Use misleading, deceptive and / or unfair trade practices;

 

  1. Use misleading, false, deceptive, and / or unfair recruiting 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;

 

  1. Make any factual representation to a prospective Retailer / Representative that cannot be verified or make any promise that cannot be fulfilled;

 

  1. Present any advantages of Direct Selling to any prospective Retailer / Representative in a false and / or a deceptive manner;

 

  1. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and Agreement between the Company and the Retailer / Representative, or the goods/services and / or services being sold by such Retailer / Representative which is false and / or misleading;

 

  1. Require or encourage Retailer / Representative recruited by the first mentioned Direct Seller to purchase goods/services and / or services in unreasonably large amounts;

 

  1. Provide any literature and / or training material not restricted to collateral issued by the Company, to a prospective and / or existing Retailer / Representative both within and outside the parent Company, which has not been approved by the parent Company;

 

  1. Require prospective or existing Retailer / Representative to purchase any literature or training materials or sales demonstration equipment.

 

  1. 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 it 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 it by the Company. Company shall advise Direct Seller whether or not it considers any particular information or materials to be confidential. Direct Seller shall not publish any description of the Products / Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Direct Seller of any confidential information of the Company.

 

  1. RECOURSE AND JURISDICTION: All disputes ,questions or differences whatsoever shall arise either during the terms of the Agreement or upon the termination of the Agreement shall be resolved under Indian Arbitration and Concillation Act 1996 and /or its statutory amendments, modifications and reenactment. The place of arbitration shall be BHOPAL(MADHYA PRADESH) india only.

 

  1. DISPUTE RESOLUTION MECHANISM:

 

  1. Mutual Resolution: All disputed between the Direct Seller / ASEEDO Retailers / ASEEDO Representatives and the Company arising out of or in relation to this Agreement, directly or indirectly, shall first be referred to the Dispute Resolution Team of the Company by writing an Application to the Company with the remark "Attn: Dispute Resolution Team" for amicable settlement through negotiation between the parties within 30 days of its first occurrences failing which, no such Dispute shall be entertained.

 

  1. Arbitration: In the event of the dispute not being settled amicably between the parties within 45 days of its reference as above and only after the same is referred as stated above, the same shall be Redressed through a Sole Arbitrator, in view of the Terms of Arbitration and Conciliation, Act, 1996.

 

  1. Place and Language of Arbitration: The venue of Mutual Proceeding and Arbitration shall exclusively be at Bhopal Madhya Pradesh and the Language of the Dispute Resolution proceedings shall be English only.

 

  1. Jurisdiction: All Dispute of any Sort be subject to the Jurisdiction of Courts at Bhopal and High Court of Madhya Pradesh.

 

  1. SEVERABILITY: It is agreed between the parties, in the eventuality of any Amendment of existing Statute, in view of the Statute in Force or in Introduction of any New Statute, if any of the Clause or Terms of this Contract is terms illegal and unenforceable, the Agreement will be read without such Terms and Conditions and will be binding and effective for and on other remaining Terms and Conditions.

 

  1. 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 or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company's asset by the government to any other government / semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

 

DIRECT SELLING AGREEMENT

 

This E-Contract is deemed executed and entered upon between the parties on the day, date, month and year when the Direct Seller (Direct Seller) subscribes and fill up the online / offline Application Form of the ASEEDO (Company) and is an electronic record in the form of electronic Contract formed under section 10(A) of Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This E- Contract does not require any physical, electronic or digital signature.

 

These terms and conditions are construed in accordance with the model direct selling guidelines 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 and as amended from time to time, read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or Agreements between Company and Direct Seller.

 

BETWEEN

 

ASEEDO Solutions Private Limited, a Company incorporated under Companies (amendment) Act 2013 having its Corporate Office at HIG-9B Leela Tower 2nd Floor,SF-2, Sector B, Sonagiri Bhopal, Madhya  Pradesh- 462022 shall unless the context otherwise permits, include its Successor(s) in Interest and Permitted Assignee(s) of the one part herein after called as “Company”.

 

AND

 

The Person / Entity / ASEEDO Retailers / ASEEDO Representatives /ASEEDO Channel Partners/ ASEEDO Direct Seller, who buys the Packages / Products / Services directly from the Company or from their respective sponsoring ASEEDO Representatives’ of the Company for themselves or for selling to the customers and who has filed the Online / Offline Application Form available on Company’s official Website and have agreed to these terms and conditions by clicking / checking “Accept”, who is deemed to have read all the terms and conditions set forth herein by virtue of completion and submission of Application, unless repugnant to the context or meaning thereof, be deemed to mean and include his / her / their respective Legal Heirs, Executors, Administrators and Assignees and Person (s) Claiming for and on their behalf, hereby called as the “Direct Seller”.

 

Whereas, the Company is a registered Company under Companies (amendment) Act 2013 and the Direct Seller as stated above, is willing to work with the Company after fully 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.

 

TERMS AND CONDITIONS

 

The Applicant(s), intending to become Direct Seller of the Company, is expected to go through these Terms & Conditions and if he / she agrees and accepts these, he / she shall accept Online Agreement (Terms and Conditions) (Filling up of Online Form and Accepting the Terms and Conditions Check, would deem it assent and acceptance of the Terms & Conditions by the Applicant and would be biding).

 

  1. DEFINITIONS: The terms as may be used herein, shall have the meanings set forth below:

 

  1. Direct Selling: Means marketing or sales of Goods and/or Services directly to the End User(s), Consumer(s) using word of mouth Publicity, Display and/or Demonstrations of the Goods and /or Services and/or by Distribution of Pamphlets.

 

Explanation: Companies can open pick up points and delivery points for maintaining effective delivery system.

 

  1. Direct Selling Entity: Means a business entity as recognized by law for the time being in force including but not limited to a Company duly incorporated under the Indian Companies Act, a registered Partnership Firm constituted under the Indian Partnership Act etc.. In case “ASEEDO” word is used at Company’s Website, in any Publication, Literature, Marketing Plan etc. of the Company then meaning of “ASEEDO” word shall be interpreted as ASEEDO Solutions Private Limited.

 

  1. Direct Seller: Means a Person who is authorized by the Direct Selling Entity to engage into the Business of Direct Selling.

 

  1. Consumer: Means an individual, who buys Goods and/or Services for Personal use and not for Manufacturing or Resale and shall have the same meaning as provided under the Consumer Protection Act. 1986.

 

  1. Goods: Shall have the same meaning as defined in the Sales of Goods & Services Act and Section 3(26) of the General Clauses Act, 1897, i.e. it shall include every kind of Movable Property other than Actionable Claims and Money.

 

  1. Network of Direct Selling: Means any System of Distribution or Marketing, adopted and/or developed by Direct Selling Entity to undertake Direct Selling Business.

 

  1. Sales Incentive: Means share of Profit periodically payable to the Direct Seller for effecting Sales of Goods and/or Services as stipulated in the Contract between the Direct Seller and the Direct Selling Entity.

 

  1. Unique ID: Means a Unique Identification  number issued by the Company to the Direct Seller as token of Acceptance of his / her Application for Direct Selling of the Goods and/or Services or Products and /or service of the Company.

 

Note: Any Communications to the Company shall bear the Unique ID first as reference and no communication(s) shall be entertained without the reference of this allotted unique ID. Direct Seller shall preserve the Unique ID and Password properly as it is must for logging on to their Unser ID and Details, wherein, all the records of their Accounts, Sales, Purchase, Incentives etc. will be available and updated periodically. The Company shall not be held responsible or liable for any loss or damages occurring to the the Direct Seller fails to procure its Unique ID or Password.

 

  1. Cooling-Off Period: Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an Agreement and ending with the date on which the Contract is to be performed and within which Direct Seller may repudiate the Agreement without being subject to penalty for breach of Contract.

 

  1. Website: Means the official Website of the Company having its registered domain www.aseedo.com or any other Webpage – Domain, which the Company may be notified from time to time.

 

  1. APPOINTMENT AND UNDERSTANDING:

 

  1. The Company does not charge any fees in the name of Participation / Registration / Entry / Joining or any Cost of Sales, Demonstration Equipment and Material or other Fees for becoming a Direct Seller of the Company.

 

  1. The Company exclusively uses its website to display the details of the Products, Services, Business Plan, Sales Incentives and Business Monitoring etc. for which, the Direct Seller requires to get acquainted with and follow the same periodically for regular updates and it is deemed that the Direct Seller has got himself fully updated with the latest updates. No claim of whatsoever in nature shall be entertained by the Company on this count or for want of knowledge of updates, if the Direct Seller has not made himself / herself acquainted with the same.

 

  1. The Company, upon receipt / submission and verification of the Application, may at its discretion, register the Applicant as "Direct Seller" for Selling the Products / Services of the Company or as may be directed / provided by the Company being Licensee, Dealer, Manufacturer, Wholesaler etc. of any Product and / or Service. The Company shall be at liberty to accept or reject the Application at its discretion without assigning any reason whatsoever. It is the duty of the joining Direct Seller to provide the correct and accurate information and it is the responsibility of the sponsoring ASEEDO Solutions Pvt. Ltd. Representative to verify all the information as submitted by the joining Direct Seller. The Application must be submitted to the Company only after due verification and authentication by the sponsoring ASEEDO Solutions Pvt. Ltd. Representative. The Company will not be responsible for any wrong information provided by the joining Direct Seller (ASEEDO Solutions Pvt. Ltd. Retailer) which was duly verified by his / her sponsoring ASEEDO Solutions Pvt. Ltd. Representative.

 

  1. The Applicant hereby covenants as under:

 

  1. That, he has clearly understood the Marketing 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, which is not set out in the Terms & Conditions / Marketing Plan / Incentive Plan or any other Officially Printed or Published Documents and Records. Relation between the Company and the Direct Seller shall be governed, in addition to these Terms & Conditions, by the Rules and Procedure mentioned in the Business Plan, available on Website or as provided by the Company in any other manner. The Direct Seller further confirms that, He / She has read and understood the Terms & Conditions carefully and agrees to be bound by them.

 

  1. Direct Seller is an independent Contractor, and nothing contained in these Terms & Conditions shall be construed to:

 

  1. Constitute the parties as Partners, Joint Ventures, Co-owners or Otherwise, or
  2. Allow Direct Seller to create or assume any obligation on behalf of Company for any purpose whatsoever.

 

  1. Direct Seller is not an employee of Company and shall not be entitled to any Employee's Benefits. Direct Seller shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, GST and other Taxes or charges chargeable to Direct Seller on amounts earned as remuneration or incentives, as may be applicable as per the prevailing law of land from time to time. All Legal, Statutory, Financial and other Obligations associated with Direct Seller's business shall be the sole responsibility of Direct Seller.

 

  1. That, the Direct Seller clearly covenant and undertakes to have understood that, the Direct Seller is not an Agent, Employee or an Authorized representative of the Company or its Service Providers. He 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. ASEEDO Retailer / ASEEDO Representative/ASEEDO Channel Partner and the Company etc. shall not be held liable and / or responsible for such payment or otherwise and the Direct Sellers alone shall be responsible for the same.

 

  1. Direct Seller, hereby declares that, all the information furnished by him / her are true and correct. Company shall be at liberty to take any action including but not limited to Termination of Direct Seller’s relation with Company, 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 or to other Direct Sellers.

 

  1. The Direct Seller shall enjoy the following privileges:

 

  1. Incentive for effecting sale of Packages / Products / Services of the Company as per business plan.

 

  1. There are territorial restrictions to sale the Packages / Products / Services in India, which, the Direct Seller shall abide by and follow in letter & Spirit.

 

  1. Search and inspect his / her account on website of the Company through the Unique ID and password provided by the Company and will be responsible for all such updates and for being acquainted with the same.

 

  1. Incentive of the Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company.

 

  1. The Direct Seller shall be entitled to a Cooling Off period of 7 days from the date of acceptance of this Terms & Conditions without any penal clause.

 

  1. The Direct Seller shall have the option to place requisition for cancelling the purchased product within 48 hours of its purchase and seek refund within 45 days of such purchase. No refund shall be made if the requisition is not received by the Company within such stipulated time.

 

  1. The Direct Seller shall have the option to return the currently marketable Goods and/or Services purchased by him / her within 30 days from the date of the purchase for cancellation of any purchased products subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards. The refund shall be processed within 90 days after receiving the returned Goods and/or Services / Items physically intact from the Purchaser / Direct Seller and after due verification of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. Company undertakes replacement warranty of 45 days for any defects of its Products / Services.

 

  1. The Direct Seller / Retailers / Representative, who have purchased bulk quantity of the Product(s) of the Company, may return the Product(s) with a prior Written request to Buy-Back within 30 days of the Purchase. The cost of such product(s) would be refunded, subject to processing fees / charges / taxes etc. (If any) as per the Standard Business Norms and Marketing Standards, after due verification and inspection of the same. If the products are not in the original packaging or have been tempered with / damaged in any way, such product(s) shall not be rendered fit to be marketable and thus, shall not carry any refundable value.

 

  1. The Direct Seller understands that, the purchased Product / Package and/or Service would be shipped within 10 days after receipt and realization of payment.

 

  1. Company is created to sell its various Packages / Products / Services by direct selling mode, either by Manufacturing by its own or under any Licenses, Agency, Wholesaler-ship of any other Products / Services / Goods etc. In addition to its Packages / Products / Services the Company may provide some Courses / Training Free of Cost.

 

  1. Company does not require an ASEEDO Retailer / ASEEDO Representative to purchase Packages / Products / Services for an amount that exceeds an amount for which such can be expected to be sold or resold to consumers.

 

  1. The Direct Seller must understand on follows:

 

  1. All the Courses developed by Company are done by the subject experts and Company’s appointed staff members under the guidance of Directors of ASEEDO Pvt. Ltd. These courses are designed to help the masses . However, anybody can learn from these courses if he / she finds it useful. All the courses are designed to be learnt using Computer and/or mobile and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Government of India or State Concern or Union Territory.

 

  1. Direct Seller/ ASEEDO Representatives  understand that Any Task / Work assigned by the President ASEEDO Pvt. Ltd. during any meeting is mandatory and non-fulfilment of the assigned task / work will be viewed seriously.

 

  1. Unmarried females or Guests (students / unmarried males/ unmarried females Direct Seller/ ASEEDO Representatives( students / unmarried males / ) must inform their parents about their ASEEDO activities and seek their prior permission for attending any ASEEDO meetings / seminars. Company will not be responsible for any mishappening in violation of the above. Joining in / Attending any meeting by such member shall be deemed to have consented as required.

 

  1. Direct Seller/ ASEEDO Representatives must follow ASEEDO discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ASEEDO Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest/ ASEEDO Representative by any entity controlled by him. The decision of the ASEEDO in this regard would be final.

 

  1. All the information submitted by ASEEDO Retailers/ Representatives completely secure and confidential with the Company. However, ASEEDO Retailer Representative hereby agrees that the Company may disclose such Login Ids / Passwords or any other reference code/ number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or t comply with the legal procedure in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Product / Services contemplated under this Agreement or to protect the safety of the users / the Company / the public in extraordinary circumstances..

 

  1. The Direct Seller deemed to have signed / agreed to and accepts by virtue of filing up of Application Form and Submission of the same to the Company, this Contract / Terms & Conditions after understanding the contents in their vernacular language with their free mind, and without any force / pressure whatsoever, of any kind.

 

  1. By clicking the “ I Agree” button / check box, the Direct Seller undertakes that, he / she / they have read & understood all the Terms and Conditions, Policies and Procedures & ASEEDO Compensation Plan mentioned in Application Form, Contract / E-Contract, ASEEDO Policy & Procedures Manual, Shipping / Refund Policy / Website content Policy / Privacy Policy and agree to abide by them.

 

  1. TERM: The term of this Agreement is for a period of one year commencing from the day the Application of the ASEEDO Retailer / Representative on the requisite format is received online by the Company. The term of the Agreement may be continued by the Company for another same period when an ASEEDO Retailer / Representative fulfils the conditions of the Company and also submits duly signed in Continuation Form for the said Agreement / Contract or submits the same online in due course of time as the case may be as prescribed by the Company from time to time. Failing or any delay to fulfil the conditions and submission of such Continuation Form will affect any pending or ongoing incentives.

 

  1. TERMINATIONS: The Company reserve the right to terminate the Direct Seller in occurrence of any of the following event:

 

  1. ASEEDO is an optional Home Based Business opportunity, hence no ASEEDO Representative is allowed to promote ASEEDO Business opportunity in their respective colleges / institutes / Universities and work places. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) found to violate such conditions would lead to strict action or immediate termination.

 

  1. Where a Direct Seller (ASEEDO Retailer / ASEEDO Representative) failed to comply with any terms and conditions

 

  1. Where information given by Direct Seller (ASEEDO Retailer / ASEEDO Representative) found wrong / false / misleading

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) permanently migrates to another country.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) is convicted of an offence punishable imprisonment of any term.

 

  1. Where Direct Seller (ASEEDO Retailer / ASEEDO Representative) resign voluntarily.

 

  1. Where Company deem it necessary to terminate the Direct Seller (ASEEDO Retailer / ASEEDO Representative) in the interest of Company's business or in the Interest of others Direct Sellers connected in his / her group / teams

 

  1. Any Direct Seller (ASEEDO Retailer / ASEEDO Representative) not performing as per the conditions laid down by the Company is liable to be terminated.

 

  1. GENERAL TERMS AND CONDITIONS

 

  1. General Duties:

 

  1. ASEEDO Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kind heartedness and Love.

 

  1. Compulsory meetings organized by the Company are mandatory for ASEEDO Representatives and non-attendance to such meetings would attract stoppage of all pending / ongoing incentives and / or any further actions at the discretion of the Company.

 

  1. Direct Seller shall use his / her best efforts to promote the sale of goods/services and services of the Company. Direct Seller shall also provide reasonable assistance to the Company in promotional activities. Direct Seller will assist the Company by taking part in all promotional events. Direct Seller shall offer accurate and complete explanations and demonstrations of goods/services and services, price, payment terms, return policies etc. to a prospective consumer

 

  1. The Company reserves its right to withheld / block / suspend the Direct Seller in the event the Direct Seller fails to provide any information / details as desired by the Company from time to time.

 

  1. In case the Direct Seller losses his Contractual capacity due to any reason or in case of death of the Direct Seller, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as Direct Seller in place of the deceased provided he applies 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 the date of death of the Seller or losing his / her Contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his / her Unique ID in abeyance.

 

  1. Direct Seller shall be solely 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.

 

  1. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling 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.

 

  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.

 

  1. This is the responsibility of the Purchasers of  ASEEDO training program/Educational Package to make sure that he has reasonable understanding of English language

 

  1. The Company is charging for its Products/training programs/Educational Packages ( Services) only and the cost is inclusive of all taxes and paying the taxes as per Govt. rules

 

  1. The Company is charging for its Packages and other retail products ( products) and the cost is inclusive of all taxes and paying the taxes as per Govt. rules if applicable.

 

  1. Incentive / Commission paid by the Company is inclusive of all taxes such as Service Tax / GST.

 

  1. If due to any reason, any services purchased but not availed by any Representative within the allotted / given time period, they may approach the Company and after due verification and approval of Company such services could be availed.

 

  1. Modification of The Terms and Conditions notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, withdraw, add, delete or vary the terms and conditions, packages ,products, services, marketing plan, business 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 Direct Sellership within 45 days of such publication by giving a written notice to the Company to such effect. Without any objection to such modifications/ alterations, if Direct Seller continues his / her activities, it shall be deemed that, he / she has accepted all modifications and amendments in the terms & conditions

 

  1. Sales Incentives The Company shall pay to the Direct Seller sales incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee / assure any particular fixed income to the Direct Seller.

 

  1. Indemnification by Direct Seller The Direct Seller hereby indemnify the Company, its employees, directors, agents, and each of their Affiliates (the "Indemnified Persons") against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys' fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as "Loss") incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or Agreement made or to be performed by the Direct Seller pursuant to these terms & conditions.

 

  1. Additional Responsibilities of Direct Seller

 

  1. Expense of Doing Business - Direct Seller shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The Company pays incentives to the Direct Seller as per the defined business plan only.

 

  1. Use of Marketing Material with Prior Permission - Use of Company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Seller shall be first approved in writing by the Company before being used / implemented.

 

  1. Customer Complaints - Direct Seller shall notify the Company of any Customer's complaints regarding either the Produc