Joilife Marketing Pvt. Ltd., a Company incorporated under the Companies Act, 1956, and having its
Head Office : 301, Block A, 3rd Floor, Chandigarh City Center (CCC), VIP Road, Zirakpur (140603)
hereinafter referred to as “The Company”.
The Company is engaged into the business of direct selling through multi level marketing and in
other business activities as stated in the Object Clauses of memorandum of Association of the
Company.
For smooth running the business of direct selling, Company has framed certain rules and
regulation, marketing plan and other terms and conditions. Now in order to simplify more, to keep
more transparent, to control the fraudulent practices and for betterment of the activities of direct
selling through multilevel marketing, Company is setting terms and conditions and other rules and
regulations.
The Company exclusively uses its website to display the details of the products, marketing
methods and business monitoring. It uses verbal publicity to promote its business.
The Company appoints Direct Sellers across the country for marketing and sale of its products.
Individuals (Indian Citizens only) Interested in becoming the Direct Seller of the Company, can
apply for the same in prescribed form. Filling each & every column is mandatory. There is no
deposit or any charges for becoming a Direct Seller of the Company.
Before filling the application form, the intending Direct Seller shall go through the terms and
conditions herein below thoroughly and if he agrees the terms and conditions, he shall append his
signatures in the column provided hereunder as token of their acceptance.
Definitions:-
The following words used in these presents shall have the meaning as defined here under:
a. Direct Selling
Means marketing or sale of goods directly to the end user/ consumer either by oral
publicity or display or demonstrations of the goods/products or by distribution of
pamphlets.
b. Direct Selling Entity/Company
Means a Company namely Joilife Marketing Pvt. Ltd. having its registered office at
Chandigarh and the Head office at Chandigarh City Center (CCC), Soho No.301, Block A, 3 Floor, VIP Road, Zirakpur (140603)
Direct Seller
Means a person competent to enter into contract as per “Indian Contract Act”, and who is
authorized and registered as Direct Seller.
c. Consumer
Means a person who purchases goods or hires services for consumption and not for
commercial purposes. It shall have the same meaning as provided under the Consumer
Protection Act, 1986.
d. Goods / Products
Means goods/products defined in the Sale of Goods Act, 1930 and section 3(26) of the
General Clauses Act, 1897, is that, it shall include every kind of movable property other
than actionable claims and money.
e. Sales incentive
Means amount of incentive payable to the Direct Seller for effecting sale of goods
/products as stipulated in the contract between the Direct Seller and Direct Selling entity.
f. Unique ID /Track ID
Means unique identification number issued by the Company to the Direct Seller as token of
acceptance of his/her application for Direct Selling of the goods/ products of the Company.
g. Password
Means unique code allotted to each Direct Seller to allow them to log on to the website of
the Company.
h. Website
Means the official website of Company i.e. www.joilifemarketing.com.
I. THE APPOINTMENT AND UNDERSTANDING
a. The Company upon scrutiny and verification of the Application may register the
Applicant as “Direct Seller” for Selling the goods/ products of the Company. The
Company shall be at liberty to accept or reject the application at its discretion.
b. The Direct Seller shall enjoy the following privileges:-
i. Incentive for effecting sale of goods /products of the Company as per rmarketing plan.
ii. No territorial restriction to sale the goods/products.
iii. Search and inspect his account on website of the Company through password awarded by the Company.
iv. Earnings 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.
c. An individual, shall be deemed to have accepted the terms and conditions stipulated herein. Upon registration after scrutiny of the application, he shall become the direct seller of the Company. Allotment of password and ID shall be construed as registration as direct seller.
The applicant hereby covenants that as under:
i. That he has clearly understood the marketing methods/plan, the compensation plan, its limitations and conditions. He agrees that he is not relying upon any misrepresentation/s or fraudulent inducement or assurance that is not set out in terms and conditions or other officially printed or published materials of the Company.
ii. Relation between the Company and the Direct Seller shall be governed, in addition to this agreement, by the rules and procedure mentioned in the marketing plan, available on website. The Direct Seller further confirms that he has read and understood the terms & conditions carefully and agrees to be bound by them.
iii. Direct Seller shall act as a freelancer and shall not commit any misfeasance or malfeasance to create any liability/obligation on the Company.
iv. It is made and understood in very clear terms that Direct Seller is not an Agent, Employee nor an authorised 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 will not be deemed to be received by the Company.
v. Direct Seller, hereby declare that all the information furnished by him is true and correct. Company shall be at liberty to take any action against the Direct Seller in the event, it is discovered that the Direct Seller furnished any wrong/false information to the Company.
GENERAL TERMS 1) The Company may appoint any person for Collection/distribution services. Direct Seller is required to visit the Company’s official website from time to time to get such appointment and avail facilities make payment and collect valid receipt and products from its outlet/collection centre.
2) The Direct Seller will be eligible for facilitation fees or income, as per the volume of sale of Products/Business done by him, subject to the eligibility norms formulated by the Company from time to time. The Company does not guarantee/assure any particular or fixed facilitation fees or income to the Direct Seller.
3) Track ID has to be quoted by the Direct Seller for all his/her transactions and correspondence with the Company. The track ID once chosen cannot be altered at any point of time. No communication will be entertained without unique ID and password. Direct Seller shall preserve the ID and Password properly as it is “must” for logging on to website.
4) No communication will be entertained without unique ID and password. Direct Seller shall preserve the ID and Password properly as it is “must” for logging on to website.
5) Commission/income to the Direct Seller shall be subjected to statutory deductions as applicable.
6) The Company reserves its right to withheld/block/suspend the Direct Seller in the event the Direct Seller fails to provide any details as desired by the Company from time to time including but not limited to Pan card details.
7) Direct Seller undertakes to adhere for policies, procedures, rules and regulations formed by the Company.
8) The Direct Seller shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other Direct Seller and their clients.
9) Company reserves the rights to modify the terms and conditions, products, plan, business and policies at anytime without notice. Modification shall be published through the official website of the Company and such modification/amendment shall be applicable and binding upon the Direct Seller from the date of such notification.
10) In case of death of Direct Seller either his nominee or one of the legal heir with consent of all the legal heirs may join the Company as Direct Seller in place of the deceased 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, the Company shall be at liberty to terminate the ID. For this period the Company will keep his ID in abeyance.
11) If any Direct Seller loses his contractual capacity due to any reason such as lunacy, bankruptcy or sentenced to imprisonment or any other legal embargo is created, his Direct Seller ship shall be continued through the person duly appointed by the competent Court.
12) Direct Seller shall have to follow all statutory laws, rules and regulations in operation of their business. Direct Seller shall not engage in any deceptive of unlawful trade practice as defined Statute.
13) Direct Seller shall not manipulate the company’s marketing plan or product's rate, B.V. etc., in any way.
14) Direct Seller shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company without any authority from the Company.
15) Direct Seller or any other person under him is strictly prohibited to use Promotional Material, other than the developed and authorised by the Company.
16) Direct Seller shall not use the company trademark, logotype and design anywhere without written permission from the Company. Said permission can be withdrawn at any time by the Company.
17) All the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Direct Seller for meetings and seminars conducted by Direct Seller. PROHIBITIONS
1) Direct Seller or his/her relatives (relative means dependent son or daughter, father/mother, spouse) shall not engage in any activities of Multi Level Marketing of any other Company/person. If it is found then such Direct Seller shall be terminated.
2) Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling any product, or the business opportunity on any website or online forum that offers like auction as a mode of selling.
3) The Direct Seller hereby undertakes not to compel or induce or mislead any person with any false statement /promise to purchase products from the Company or to become Direct Seller of the Company.
DUTY AND CONFIDENTIALITY
Parties shall keep and maintain secrecy and confidentiality about the information for which they are obliged and expected to keep secret and not disclose anybody other than the persons to whom is reasonably expected to be disclosed.
SPECIAL CONDITIONS
Notwithstanding anything stated or provided herein, the Company shall have all powers and discretion to modify, alter or vary the terms and condition in any manner it deems fit and shall be communicated through official website or other mode as the Company deems fit and proper. If any Direct Seller does not agree to such amendment, he may terminate his agreement within 45 days of such publication by giving a written notice to the Company. Without any objection to such modifications /alterations, if Direct Seller continues his activities, it will be deemed that he has accepted all modifications and amendments in the terms & conditions for future.
TERMINATION
Company may terminate this agreement for any reason not limited to; . Pursuant to the provision to the marketing plan.
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, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, any type of redirection by Government (Central and / or State), Local Authority etc. RECOURSE AND LEGAL APPLICABILITY The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Disputes, either civil or criminal in natural, shall be subject to the exclusive jurisdiction of the courts in Chandigarh, only and nowhere else. SMS ALERTS The Direct Seller agrees to receive the SMS Alerts from the Company on Mobile N0. Mentioned/ quoted while filling the online application form and will not object even if they are received despite of DND activated. Direct Seller Shall intimate the Change in mobile No. (If Any)
Solemnly affirm and declare as follows: