User Agreement For Swastham Multitrading And Services
Contractual Terms and Conditions:
This Agreement is entered into between Swastham Multitrading And Services, a company incorporated under the Companies Act, 2013 and having its office in Nagpur, hereinafter referred to as the Company on the one part and any User / Associate who / which buys the Product and Services Package of the company, as specified herein below, hereinafter referred to as the "Associate" on the other part.
The Associate represents and warrants that the marketing program and the compensation plan, its limitations and conditions have been understood clearly by him / her and, the Associate is not relying upon any representation or promise that is not contained in this Agreement or other official company material. An Associate shall be a person who submits a properly filled in online application on the requisite format (as obtained by clicking "Buy Now" button on our website www.growwellness.co.in) and such application is electronically submitted and Purchased Product (ONLINE) is instantaneously delivered by accepting ONLINE LEGALS (Terms and Conditions).
An Associate for promotion of our Business shall act and be as an independent contractor and shall not have any authority to bind the company for any obligations whatsoever. An Associate is not an Employee or any other Legal representative of the company or its service provider. The relationship between the company and an Associate is governed by the Terms and Conditions as laid down in this agreement will come into being only when this Agreement is agreed and accepted online by any Purchasing Associate and this Agreement shall remain enforceable during its existence which is one year only unless it is renewed further for the same period by sending signed Declaration on the Invoice Form. An Associate shall be presumed to have understood the Terms and Conditions of this Agreement which are detailed herein below link.
I Here By Agree To Become A Affiliator Member of Swastham Multitrading And Services And Participates In Its System.
- I agree to become affiliator unconditionally without any pressure with my full consciousness of Swastham Multitrading And Services. I will have a relation with company only of business and not as an employee & employer.
- I am an adult person & legally competent to enter into business.
- I shall become a affiliator of Swastham Multitrading And Services upon acceptance of this application. I shall have the right to promote the products offered by company in accordance with its rules, regulation, policies & procedures framed by the company from time to time.
- I have carefully reviewed business plan rules, regulation, policies & procedure of the company and also unconditionally agree to the modified business plan rules, regulation, policies & procedure from time to time. I have also read the same on the notice board of the registered office or and authorized branch of the company and agree to the same in total.
- Company at its discretion may amend the business plan rules, regulation, policies, and procedures and terms and conditions of this representative application/enrollment form shall notify its affiliators of any amendments, alterations, deletions and additions, which will be binding on me.
- This agreement constitutes the entire agreement between the affiliator and Swastham Multitrading And Services and no other additional promises, representations, guarantees or agreements of any kind is valid unless in writing & approved by Swastham Multitrading And Services.
- All terms & conditions applied in present and terms & conditions applied in the future by the company will be strictly applicable on me.
- To receive cash back, affiliator must buy product from company’s website within Two months after successful enrollment of affiliator.
- Cashback program is for limited period and limited amount only as per plan, company will not guarantee the cash back for longer period. Company may stop paying cashback after certain amount of cashback is given as per plan.
- Company will not be responsible for any fake commitment made by any of its affiliator.
- All cash payment can be made only at company's registered or head office during office timings. Company will not be held responsible for any cash payments made at any other place.
- Your arrangement with the company is purely linked with your performance.
- Once starter product kit (package) sold is non-returnable & non-replaceable in any condition whatever case may be.
- No payment will be refund to any affiliators under any circumstances.
- All affiliators are restricted by all new modules or changes in business plan issued by company time to time.
- In case of server problems company is not binding to give any answer regarding the updates.
- All tax liabilities/transportation charges will be borne by affiliators.
- Any kind of incentive/reward achieved will be paid/ given after the normal completion of stipulated time of achievement of that reward. It doesn't matter that you have achieved within short period.
- Distributor payment will be executed within stipulated period.
- If Distributor is not received payment within stipulated time, after that the distributor may ask the company
- I also understand and agree that my status as a affiliator in the business plan of the company is valid commencing from the date of application to be enrolled as a affiliator from the date of acceptance of application.
- I am responsible to pay all the tax dues regularly, whether local, state & central, earning from incentive generated in particular financial year.
- Trade name and/or trademark except in the advertising provided to me by the company, neither shall I advertise the product of the company on my own. I am however permitted to promote the same through personal contact, and word of mouth.
- I understand that the business plan of the company is a program built on retail sales of product to the ultimate consumer, thereby avoiding middlemen & passing on the benefits of such direct sales in the form of sales incentives to the affiliator.
- Prior written approval from the company is required to use or produce any literature other than company produced literature relating to the products, company, or business plan.
- I understand that only a representative of the company who has received training, and has an identity number in the company stating the same; can make a public presentation of the company business plan.
- Matters are subject to Nagpur jurisdiction only.
- The validity of receipt is subject to realization of p.o/d.d.
- Upon death of the affiliators, the right & responsibilities of the affiliator are passed on to the rightful nominee as per the law. The nominee shall be bound by the terms & conditions of the original affiliator agreement and abide by the company's rules and regulations.
- The management of the company reserves the right to reject any application without assigning any reason.
- Company would not be held responsible if due to act of god/calamity/change in regulation, changes in law or due to any unforeseen circumstances it is not be able to perform its normal working & under such circumstances affiliator's and except that no claim would be presented or entertained.
- If any independent affiliators has any query/dispute regarding the payment of commission, the independent affiliator should contact the company's head office within 15 days from the date of transfer of fund in to affiliator’s account from head office, else the data for the previous month shall be considered as accepted.
- TDS will be deducted on income as per the income tax rules.
- Write clearly name & id number on backside of d.d. (company will not be responsible for any incorrect information provided by you).
- After commission will be released within minimum of 15 days, and in some unforeseen & typical condition like natural calamities etc. It might be 30 days & above from the closing date of month.
- For the delay in payment of commission voucher or any incentive, just because of improper & wrong bank information filled by affiliators in enrollment form, the affiliator him/herself will be responsible.
- All affiliators are restricted by all rules & regulations, issued by company time to time. It is affiliator's duty to know & learn or read carefully the terms & conditions of business opportunities. Not knowing the terms & conditions is not an excuse.
- Applicant, joining the company, must be of 18 years & above age.
- The transportation charges/courier will be borne by affiliator and above.
- The delivery of products is subject to availability & transportation. However, our endeavor would be, to send as earliest as possible.
- Company will deduct the TDS from every payout of the affiliator.
- Pan card is necessary for TDS if any affiliator failed to provide pan 20% will be deducted from his income and will not be reflected in 26AS.