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NJMART a company incorporated under the Companies Act, 1956 and having its
Registered Office at Mumbai i, hereinafter referred to as "the Company “The
Company is inter-alia into the business of Direct Selling of various products
such as White Goods, Consumer Durables, Cosmetics, home appliances, textile and
any kind of product which can be sale legally in India etc. The Company
exclusively uses website to display the details of the products, marketing
methods, business monitoring, while uses the word of mouth publicity to promote
and create awareness about the company and its products.
The Company does appoint freelance distributors across the country for marketing
and sale of products. Such distributorship is granted as privilege to the
consumer of its products. Interested individuals/body corporate need to purchase
the products upon they being satisfied with the quality and services they can
become a freelance distributor of the company, if they wish to by applying for
the same in the prescribed form.
Before filling the application form, the intending Distributor is advised to go
through the terms and conditions mentioned herein below thoroughly along with
those mentioned in the official website of the company during placing an online
order and subject to such terms and conditions shall append their signature in
the column provided as a token of their acceptance of the terms and conditions
mentioned therein.
I. Definitions
The following words used in these presents shall have the
meaning as defined hereunder;
a. Company – Means NJMART, having its corporate office at MUMBAI.
b. Consumer -- Consumer means and include individuals/body corporate (including
Partnership Firms) who purchases products from NJMART
c. Independent Distributor - Independent Distributor is the person including
Company/Partner Ship firm, proprietary concern) who is competent to enter into
contract as per the Indian Contract Act provided, such interested person has
purchased products from the Company and opted to participate in Business
opportunity.
d. He - Shall mean and include male, female, body corporate, partnership firm
who applies for the Distributorship of the Company
e. Product - Shall mean and include all the products marketed by the Company
from time to time
f Manufacturer - Means and include Manufacturers of the products marketed and
sold by the Company from time to time.
g. MRP - Means and includes Maximum Retail Price printed over the price tag
appended to the products
h. Facilitation Fee - Facilitation Fee is the amount/benefit an Independent
Distributor may earn by marketing/referring the products of NJMART PVT LTD
j. Unique ID - Means unique identification number issued by the Company to the
Consumer/Independent Distributor and is issued to Independent Distributor as a
token of acceptance of his application seeking for distributorship for the
products of the Company.
k. Password - Password means, unique code allotted to each of the
Consumer/Independent Distributor to allow them to log on to the website of the
Company.
I. Website Means website of the Company njmart.net or any official website
communicated through official communication channels of the company.
II. THE APPOINTMENT AND UNDERSTANDING
a. The Company upon scrutiny and verification of the Application may consider
the Applicant as an "Independent Distributor” for the products marketed by the
Company.
i. Independent Distributor shall enjoy the following privileges after such
recognition.
-1. No territorial restriction to market the products, but limited to India.
-2. Company shall maintain sales account of the Independent Distributor and
shall be made available for inspection through their website.
-3. A Unique ID and password shall be awarded to facilitate verification of
their respective business account.
-4. There shall be no specific targets; however earnings shall be in proportion
to the volume of sales done by the Independent Distributor by self or through
team as stipulated.
-5. Distributorship may be awarded as a privileged consumer with no deposit and
other conditions.
-6. Distributorship is awarded without any commitment/or promise from the
company in terms of possible earning potentials.
b. The Independent Distributor, upon appending his signature at the bottom of
these presents and confirming through online in the company’s official website,
shall be deemed to have accepted the Distributorship as independent consumer and
hereby covenants as under;
i. That he has clearly understood the Business Opportunity, marketing program,
the compensation plan, its limitations and conditions and, he is not relying
upon any representation or promises that is not set out in this term and
conditions or other officially printed or published materials of the company.
ii. Shall act as an independent body and shall not commit any misfeasance or
malfeasance to create any liability/obligation over the company of whatsoever
nature.
iii. An Independent Distributor is not an Agent/Employee or any other Legal
representative of the company or its service providers.
iv. He has attained the age of majority and is competent to enter into a
contract as provided in the "INDIAN CONTRACT ACT ". Necessary proof thereof
shall be submitted as and when required by the Company.
v. Independent Distributor hereby undertake not to accept cash from any new
consumer introduced by him for buying the products and discourage his team
members from accepting cash from any buyers.
vi. Distributors hereby declare that all information furnished to the company is
true and correct. The Company shall be at liberty to take any action against the
distributor, in the event, it is found that the Distributor furnished any
wrong/false information to the company and the company’s decision will be final.
III. GENERAL TERMS
I. The company under no circumstances will accept payment in cash for product
Sales.
II. The company may appoint any Third Party for Collection/distribution
services. Independent Distributor is required to visit the company's official
website from time to time to know such an appointment and avail facilities such
as walk in to their outlets and make Payment and collect a valid receipt and
products from them.
III. The Products can be ordered online through our website and the payment in
the form of demand draft favoring "NJMART", Payable at MUMBAI, has to be sent /
submitted at our authorized outlets, against which the product/s ordered will be
delivered to the purchaser/authorized person. If the payment has been done
through Credit Card/Debit Card using payment gateway process or through Terminal
Swiping machine, the same or the front side photo copy of the ‘same has to be
presented with the ID proof, at the time of product delivery, by the purchaser
either while collecting the product from the delivery outlet or while product
getting delivered at the purchaser’s delivery address. The Product can also be
purchased through E-Wallet.
iv. All consumers/Independent Distributors before ordering online or making the
payment are advised to physically look and feel the products that are available
for demo/display at our locations, as such the images shown in the company’s
website / printed materials or through, any other mode by the company is only
for reference and the actual product may vary.
v. Neither it is compulsory nor mandatory to participate in the business plan of
NJMART Purchasers who wish not to join the business can opt to do so by checking
the "Free & Optional Business option' box during registration process. You will
however, need to provide the direct / enroller details (without which products
can't be purchased as such Company take every possible steps to make the
purchaser understand about the company, products, policies, etc., and also to
make ensure that the purchaser is properly guided to buy NJMART products or
before entering in to NJMART Business Opportunity) and such purchaser will be
termed as "Consumer"
vi. A consumer who has purchased the products from MI LIFESTYLE MARKETING PVT
LTD , can choose to join the business opportunity free of cost, which he can do
so by confirming from his Business centre login (where in access will be
provided for 30 days, within which they need to confirm and beyond that he/she
needs to contact the company’s customer care department with all his/her
purchase information to re-activate his business centre, so as to understand
whether the consumer has got the required information about the company, before
entering in to a Business Opportunity).
vii. The Independent Distributor will be eligible towards 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 facilitation fees or income to the distributor on
account of becoming just a mere "distributor" of the Company.
viii. Unique ID has to be quoted by the distributor in all his transactions and
correspondence with the company. The Unique ID once chosen cannot be altered at
any point of time.
ix. No communication will be entertained without unique ID and password.
Distributor shall preserve the ID properly as it is before logging on to
website.
X.TDS and any other applicable charges will be deducted by the Company as per
the prevailing norms.
Xi .Those Distributors who are not achieving their minimum monthly purchase
obligation for last 12 month, the said Distributorship will be
Terminated/blocked.
xii. Independent Distributor Undertake (to adhere to policies, procedures, rules
& regulations formed by the company
xiii. The distributor shall be faithful to the company and its co-distributors
and shall uphold the integrity and decorum of the company and shall maintain
good relations with other distributors and other clients. The Distributor
understands that, the company shall be at liberty to accept or reject his
application to become a distributor.
xiv. The Company reserves its right to modify the terms and condition, products,
plans, business and policies with/without giving prior notice. Such notice may
be published through the official website of the company, and any such
modification/amendment shall be applicable and binding upon the Distributor from
the date of such publication.
IV. PRICES / PAYMENT
a. The Updated Products and their Price lists are available on the company's
official website and the amount to be paid (only after complete satisfaction
with the description/ features available on the website and if possible, the
physical verification of the product can be had by the purchaser by visiting our
authorized outlets) by way of Bank Demand Draft favoring " NJMART payable at
CHENNAI or through online payment gateway or swiping machine option or E-Wallet
while placing the order.
b. It is mutually agreed between the parties that the Consumer / Independent
Distributor if satisfied about the product package ensure that the amount
towards such product should reach the company's branch / authorized outlets
within 30 days from the date of ordering the same online. In case the Product
Purchaser fails to make payment within the aforesaid 30 days period to the
company, it is up to the company's discretion either to accept the payment on
the norms prevailing at that point of time or that this Agreement stands
terminated and will be deemed as null and void.
c. It is mutually agreed between the parties hereto, that the company is at
liberty to change / modify the quantum of product cost payable under this
Agreement in future or provide for additional Product / Services at such
additional cost as may be determined by the company.
d. The company offers 30 days money back guarantee, from the date of receipt of
payment on certain select products, as per the Product return policy.
e. The product rates and specification is also subject to change and may vary
from time to time.
f. The company will not be responsible for any loss or damages if caused due to
any technical error in the web links provided in the website, payment gateway,
typographical errors etc.
V. PROHIBITIONS
a Distributor 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 . Please refer to
code of conduct of our Distributor Policies and Procedures for complete details.
ii. Once a distributorship is terminated, he cannot enter into any of the
company premises/meeting locations and his facilitation fee/ his name would be
removed and he would not be entitled to receiving any fees going forward
immediately.
iii. The distributor 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 distributor of the company.
VI. DUTY AND CONFIDENTIALITY
Parties shall maintain confidentiality with respect to company’s information
including but not limited to company’s policies, product details, facilitation
fees etc., save and except to the extent that is required for furthering sale of
products;
VII. SPECIAL CONDITIONS
Notwithstanding anything stated or provided herein, the company reserves its
right to modify, alter or vary the terms and condition in any manner whatsoever
they think fit and shall be communicated through official website or other mode
as the company may deem fit and proper. Differences if any on such amendment
shall be expressed/intimated in writing to the company within 7 days from the
date of such amendment. In the absence of receipt of written objection, if any
within such stipulated period, all such amendments to the agreement shall be
considered as carried with the consent and thereafter any objection/difference
shall be considered as waived/surrendered unconditionally.
VIII. TERMINATION
The Company reserves its rights to terminate the Distributorship for any reason
not limited to the breach of terms as stipulated herein.
IX. 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,
labor dispute, strike, lockout or interruption or failure of electricity.
X. RECOURSE AND LEGAL APPLICABILITY
i. The terms and conditions stipulated in the forgoing paragraphs shall be
governed in accordance with the laws in force in India. Disputes, if any, shall
be subject to the exclusive jurisdiction of the courts in Mumbai, ____________.
ii. If any dispute or difference arising out of or in relation to these
presents, the same shall be referred to a sole arbitrator appointed by the
Company.. Arbitration in such event shall be conducted as per the "Arbitration
and conciliation Act, 1996"as amended from time to time. Venue of such
Arbitration shall be Mumbai and Language shall be English.
Declaration/Affirmation
Solemnly affirm and declare as follows:
1. That I have read and understood the terms and conditions for ‘Independent
Distributorship " of the Company.
2. I have also gone through the company official website, printed materials,
brochures and convinced about the business and I have applied for the
Distributorship on my own volition.
3. I declare that I have not been given any assurance or promise by the company
or its senior level distributors as to any income on account of the product
purchase made by me. However I am made to understand that I will be eligible for
income/facilitation fees depending upon the volume of business done by me, as
per terms and the Company reserves the right to change the Business Plan at any
point of time.
4. I undertake not to misguide or induce any one I shall not misguide any one
and appraise them the terms and conditions for anyone to become a distributor to
join the company.
I hereby agree and adhere to the terms and conditions as stipulated along with
the application form and as mentioned above to agree to purchase the product as
Consumer/to do the distributorship business. 6. I hereby agree to submit all
disputes to arbitration as provided in the terms and conditions of the company.
IN witness whereof I herein have signed this Declaration/Affirmation this day of
201____in presence of the following witnesses.
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