Terms & Conditions
Before filling the application form, the person joining as Direct Seller / Distributor is required to go through the terms and conditions mentioned herein below thoroughly along with those mentioned in the official website of the company during registration and thereafter shall append their signature/tick their acceptance in the column provided as a token of their acceptance of the terms and conditions mentioned herein. Submission of the form will signify acceptance of the terms and conditions and will be binding upon the Direct Seller / Distributor.
This agreement including the Independent distributor(s)/ direct seller application overleaf “Agreement” is fully completed, signed and accepted voluntarily by the applicant (s) Independent Distributor(s)/direct sellers of his/her own free will and sets out the terms and conditions between “Company” and the independent appointing him/her as an “Independent Distributor(s)/direct sellers of “Company. As an Independent distributor(S)/Direct Sellers of “Company” they may ,on a non-exclusive basis purchase from “Company”, resell, distribute and market Biosash Business Pvt. Ltd. Product in the territory of India or use them for personal consumption. In accordance with the terms and conditions herein, the Independent Distributor(S) /Direct Sellers hereby voluntarily submits its Independent Distributor(S) /Direct Sellers application and agrees to comply with the following terms and conditions at all times, subject to which the Independent Distributor(S) /Direct Sellers affirms that he/she/it is being made an Independent Distributor(S) /Direct Sellers of ‘Company”.1. If the Independent distributor(s)/ direct seller is an individual, he/she must be a major i.e. he/she must have completed 18 years of age. If the distributor(s)/ direct seller is a proprietor/partnership/private ltd. Company, Independent distributor(s)/ direct seller has to submit a copy of the firms/company’s registration certificate/partnership deed/memorandum and articles of association of at the time of executing distributor / direct seller agreement.
2. The Independent distributor(s)/ direct seller shall submit the self attested Permanent Account Number (“PAN”) Card’s photocopy along with the executed Agreement at the time of joining. The Independent distributor(s)/ direct seller certifies that the PAN number shown on the overleaf is his/its correct PAN number. The Independent distributor(s)/ direct seller acknowledges and understands that his bank account number , bank name, branch of the bank, IFSC code must be completely and correctly mentioned on the overleaf, falling which “Company” is not obliged to make any online transfer or payouts and he/she must attach a self attested copy of the proof of Bank Account.
3. The Independent distributor(s)/ direct seller who register himself/herself online, must buy products and get his/her Distributor ID activated within 30 (thirty) days of online registration. He/She/it should send printed /hard/scanned copy of agreement along with the relevant document (PAN Card etc.) by courier to Registered office within 7 (seven) days from the date of activation of his/her Distributor ID, falling which the Distributor ID will be deactivated. “Company’ may reject this agreement including application form, without stating any reason, as its sole discretion including but not limited to the application containing incomplete/inaccurate/false or misleading information. Any alteration or modification of the application will also be subject to rejection.
4. The Independent distributor(s)/ direct seller hereby confirms that he/she has entered into this agreement as an independent contractor. Nothing in this Agreement shall establish an employment relationship, or any other labour relationship between the Independent distributor(s)/ direct seller and “Company”, and nothing shall establish the Independent distributor(s)/ direct seller, position as procurer, broker and commercial agent, contracting representative or other representative of “Company” when purchasing and selling products. The Independent distributor(s)/ direct seller shall act as an independent vendor, acting in his/her own name, at his/her own responsibility and for his her own account. The Independent distributor(s)/ direct seller is and shall be liable to pay all applicable central or state income taxes, including any employment taxes and service taxes or tax deducted at source as applicable under law.
5. The Independent distributor(s)/ direct seller acknowledges and agrees that the relation between “company” and the Independent distributor(s)/ direct seller and his her activities shall be governed in addition to this Agreement by the business plan and policies and procedure of “Company” which shall be deemed to be incorporated herein and he/she shall abide by the terms and conditions of the Business plan and Policies and procedures and/or the price list, at its sole discretion and that all such changes shall be binding upon the Independent distributor(s)/ direct seller . All changes to this Agreement, Business Plan, the Policies and Procedures and/or the price list shall become effective upon the earlier of the same being reflected (i) on “Company” Website; or (ii) in any information sent to the Independent distributor(s)/ direct seller by “Company”. The continuation by the Independent distributor(s)/ direct seller of the “Company” business and the Independent distributor(s)/ direct seller acceptance of payout from “Company” shall constitute a deemed voluntary acceptance of any and all amendments to the Agreement, Business plan and/or the policies and procedures.
6. The Independent distributor(s)/ direct seller will not mislead/induce/compel any person with false statement/promise to join “Company” or to purchase product. The Independent distributor(s)/ direct seller shall not sell any “Company” product for a price exceeding the MRP mentioned on such product.
7. The products offered for distribution will be done at the sole discretion of Biosash Business Pvt. Ltd and can modify or varied at any time.
8. The Independent distributor(s)/ direct seller may at his discretion terminate the agreement at any time by giving a written notice to “Company”. “Company’ may at its absolute discretion immediately suspend/terminate this Agreement and thereby terminate the Independent distributor(s)/ direct seller from doing the ‘Company’ business upon termination of this agreement for whatsoever reason , the Independent distributor(s)/ direct seller acknowledges and agrees that he shall not; (I) be entitled to return any product that may be in his possession nor claim a return from “Company” subject to certain condition (ii) Disturb or adversely influence, whether directly or indirectly the existing process of “Company” including but not limited to the other distributors and customers of “Company” or any of its employees/representative. If an Independent distributor(s)/ direct seller is willing to rejoin he/she may be readmitted by “Company” after the completion of a period of six months from the date of termination of this Agreement.
9. All payment must be made by a demand draft/cheque in favour of M/S Biosash Business Pvt. Ltd., payable at Faridabad. Cash payment can only be accepted at the corporate office and billing points of “Company’.
10. The payouts to the Independent distributor(s)/ direct seller shall be as per the ‘Business plan”. The co-applicant acknowledge and agrees that “Company” shall deal exclusively with the primary applicant in respect to all business matters and also pay the payouts and/or any other incentives to and in the name of the primary applicants. The Independent distributor(s)/ direct seller shall strictly comply with the confidentially obligation provided under the policies & procedures of “Company”
11. The Independent distributor(s)/ direct seller agrees to indemnify and hold “Company” harmless from and against any and all claims, damages, costs, expenses, including attorney’s fees arising out of his/her action and that of its employees and agent which may have a direct/indirect adverse impact on “company”, its agents, personnel, employees, directors or any other person associated and connected with it. “Company” shall not be liable for any incidental or consequential damages caused by any breach, cancellation or suspension of this Agreement, Whether or not the possibility for such damages was known to “company”. The Independent distributor(s)/ direct seller shall have no claims against “Company”, save the any compensation due and payable to on the date of termination of this Agreement which may be offset or applied against any other dues payable by the Independent distributor(s)/ direct seller to “Company”. In no event shall “Company” liability for damages, under the Agreement exceed any amount received and realized by “Company’ from the Independent distributor(s)/ direct seller.
12. This direct selling agreement can be terminated by either party by giving one months notice in writing at the last known address or email of either party. This agreement also will be automatically terminated if a direct seller is found to have made no sales of products for a period of up to two years since the agreement was entered into
13. All disputes and claims relating to “Company”, this agreement, the business place, the policies & procedures of “Company” or its product services, the right and obligation of an Independent distributor(s)/ direct seller of “Company” or any other claims or causes of action related to the performance of either in this Agreement or the Business plan or “Company” policies and procedures shall be settled totally and finally by arbitration to be held in accordance with the Arbitration and Conciliation Act, 1996.The venue of arbitration shall be Faridabad and the proceeding shall be conducted in English. The decision of the arbitrator shall be final and binding on both/all the parties. Each party to be arbitration shall be responsible for its own cost and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of this agreement. Subject to arbitration, as mentioned above Jurisdiction in respect of any Business Plan and/or the policies & procedures of “Company” shall vest exclusively in courts at Faridabad.
14. “Company” shall not be responsible for delays and failures in performing its obligation due to circumstance beyond the reasonable control, such as strikes, labor difficulties, riots, war, fire, death, of a source of supply, government decrees or orders or any other force majeure events.
15. If any provision of this agreement as it currently exist or as may be amended if found to be invalid, illegal, or unenforceable for any reason, only the invalid provision will be served from this Agreement. The remaining terms and provision shall remain in full force and effect and shall be constructed as if such invalid illegal or unenforceable provision never comprised a part of this Agreement. In the event of any conflict of the terms and conditions of this Agreement and the terms and conditions of the policies and procedures of “Company” to the extent only of such terms and conditions, those of this Agreement shall prevail over those of the policies and procedures of “company”
16. At any time within 30 days of joining the applicant may decide not to continue with the company and return all unused products in good condition purchased for a full refund of the same without any obligations or penalty.
17. Buy Back Policy for currently marketable goods: The applicant may return any goods purchased in good condition within 30 days from purchase date on production of the bill of purchase.
18. Warranty: The company is responsible for the quality of the products till the expiry date printed upon the products and provided that the products have been treated or stored or used as per the instructions printed upon the products and that the products have not been misused or mistreated in any manner and have been purchased from the company and there is a valid bill of purchase of the same.
19. Refund Policy: The company will refund the purchase price of the goods subject to that the products have been treated or stored or used as per the instructions printed upon the products and that the products have not been misused or mistreated in any manner and have been purchased from the company and there is a valid bill of purchase of the same. The seals of the products should be intact and there should be a valid reason for the return of the same.
20. I, the applicant do confirm that I will follow the law of the land especially with regard to VAT laws and will submit necessary taxes and provide the copy of the receipt to the company IF my sales cross the limit laid down by law in any financial year and it will be my responsibility to pay the VAT of the same.
21. I also agree to carry the company ID card and not visit any customer without prior appointment or mislead the customer in any way with regard to the company’s products or policies and agree not to use unfair trade practices.
By clicking & submitting the link I confirm that have read the terms and conditions of this Direct Seller Agreement above and agree to the terms and conditions which will be binding upon me and also confirm that purchase of products of the company signifies my agreement to the same as well.