Empower Time
Empower Time SSM Pvt Ltd. (Upper floor) C/o Expert Mobile Solutions Gandhi ground market Near New Bus Stand
City : Kangra  -  Himachal Pradesh -  176047
 

1This is the E-contract agreement:>>>>> It is mandatory to send a hard copy of this Agreement on Stamp Paper with duly signed and attested by Notary to the company (AT REGISTERED OFFICE) within 30 (Thirty) days from the date of purchase invoice of products.<<<<< >>>>>Read all Term and conditions carefully before submitting any Request or Payments to Empower Time SSM Pvt. Ltd. (Company).<<<<<>>>>>No cash / third party transactions are allowed in any condition. The company will not be responsible for such non-permitted transactions.<<<<<>>>>>All Independent Product Seller, User and Pin Point are bound to obey the terms and conditions at any cost of this E-contract agreement.<<<<<>>>>> By clicking I Accept Terms and Conditions you conceder that you have read and agree for this E-contract agreement.<<<<<>>>>> By coming into any kind of Greed, Seduction please do not buy any unnecessary or unwanted product. Before you buy any product from Empower please make sure to check its INGREDIENT, DOSAGE, BENEFITS, PRICE and all other Details with your wisdom and intelligence and it is mandatory to take Medical professionals advice before buying any Product.<<<<<>>>>> With this “Direct selling” business plan any proceeds from any unconstitutional and unconfirmed/misleading sales outside company law must be returned to the company with immediate effect.<<<<<
2This agreement is signed and executed electronically online by the below mentioned Independent Product Seller who offered to provide his/her voluntarily services of sale, service and marketing of own accord and agreed to join the Direct Selling Network business of “M/s Empower Time SSM Private Limited,” a company registered under the Companies Act 2013 (Registration No. CIN –U80200HP2018PTC007248) having its Corporate office at (Upper floor) C/o Expert Mobile Solutions, Gandhi Ground Market, Near New Bus Stand, NAGROTA BAGWAN, Kangra, Himachal Pradesh-176047,.(Hereinafter called “Company” or “EMPOWER” which expression shall, unless repugnant to the context, includes its successors in business, administrators, liquidators and assigns or legal representatives). Whereas the company is engaged in “Direct selling” which means marketing, distribution and sale of goods or providing of services through a network of Independent Product Seller at different levels of distribution who may recruit or introduce or refer further level of Independent Product Seller, vide its own specific Empower Business Plan not falling under a pyramid scheme. And Whereas the Independent Product Seller who is named below along with his KYC particulars therein has, after being explained all the provisions of the EMPOWER Business Plan, product details and the present E-contract Agreement, in the language known to him by Shri___________________ID No._______________ and after visiting the company’s website https://empowertime.net/site/default.aspx and ascertaining all facts, has voluntarily offered to join the business of the Company by Direct Selling mode and resolved to enter into this E-contract agreement, hence this deed. NOW THEREFORE THIS DEED COVENANTS AS UNDER: (1.) The Company assures that this E-contract agreement has no provision that an Independent Product Seller will receive compensation or incentive for the Registration, recruitment/enrolment of new participants. (2.) The Company also assures that it does not requires a participant to purchase goods or services for an amount that exceeds an amount for which such goods or services can be expected to be sold or resold to consumers. (3.) The Company also assures that it does not require a participant to pay any entry /registration fee, cost of sales demonstration, equipment and materials or other fees relating to participation. (4.) That an Independent Product Seller herein assures that it has ascertained from the EMPOWER Business Plan (The same maybe read as part and parcel of this E-contract agreement), the stipulated amount of any type of compensation like Incentives, rewards, etc. including financial and non-financial benefits payable to the Independent Product Seller are only and only for 100% Confirmed and effective sale of products/service and in no way for registering, recruiting/sponsoring/introducing an Independent Product Seller. (5.) That an Independent Product Seller herein assures that he/she will return all the received Brokerage, Commissions, and Rewards, Incentives within 7 (Seven) days) of notification for all non-confirmed sales of product(s)/service(s). (See Cooling Off Policy) & (See Mandatory return of Incentives)
3Appointment: That for appointment of the Independent Product Seller herein the Company requires him/ her to do the following and he / she shall complete the following steps. An Individual/ Firm/Company who is able to do contract as per the provision of the Indian Contact Act, 1872 and wish to become an Independent Product Seller of the company, can apply to be appointed as an Independent Product Seller for marketing and selling of product on pan India basis, in prescribed form through online method. (1.) Fill the application form online and upload scanned KYC documents. (2.) Accept the terms and condition of this E-contract agreement by clicking on “I AGREE” button below. (3.) On the completion of the above process, the Independent Product Seller can take a printout of this agreement. (4.) That the Independent Product Seller must have to submit the following documents in hard copy to the company (AT REGISTERED OFFICE) within 30 days from the date of purchase invoice of products (This is the date of execution of this Agreement) (Including the acceptance of terms of appointment) by clicking on “I AGREE” button at the bottom of these presents (agreement) as well as on Stamp Paper with duly signed and attested by Notary and self- attested attached documents. (5.) That the Company upon scrutiny and verification of the Application and KYC particulars may re-consider the decision of the appointment of Independent Product Seller for Direct Selling of products of the Company. The Company shall have sole discretion and liberty to reject his/her direct selling code, if the KYC and other documents are found unsatisfactory, mollified or fake or not received in hard copy within 30 days from the date of purchase invoice of products etc. (6.) That the KYC (Must have to upload neat and clear scanned copy of original PAN, Aadhaar, Bank Details and Latest Photo in user panel) shall include but not limited to verified proof of address, proof of identity and PAN. The Independent Product Seller shall submit PAN to the company as per the provisions of the Income Tax Act, 1961. The Independent Product Seller should also submit to Company, any photo ID card as issued by the State or Central Government. (also Mandatory to upload neat and clear scanned copy of original PAN, Aadhaar, Bank Details and Latest Photo in user panel) These ID cards could be any from the following: 1.) Aadhaar Card 2.) Voter ID Card 3.) Passport 4.) Ration card 5.) Any identity document issued by the state or central government which can be verified. 6.) Additional Documents required for Applicant in case of Company: a. CIN, MOA & AOA b. PAN and GSTIN c. List of Directors of the Company d. Board Resolution in favor of the Director signing and executing this E-Contract agreement and Application 7.) Additional Documents required for Applicant in case of Firm: a. Partnership Deed or an Affidavit in case of Proprietorship firm b. PAN and GSTIN c. Authorization in favor of the Partner signing and executing this E-Contract agreement and Application (7.) Upon the execution of this agreement along with verification of all the documents through the above process, the applicant shall become the Independent Product Seller of the Company and an Unique Identification number and password shall be allotted to the applicant, to allow him / her to log on to the official website of the Company i.e. https://empowertime.net/site/default.aspx to access his/ her own personal back office.
4Scope of the Work: (1.) That the Independent Product Seller shall market and sell the products of the company using word of mouth publicity, display and demonstration of the products, distribution of pamphlets, and door to door selling to consumers and prospective Independent Product Sellers. (2.) That the company shall be exclusive owner of the name and logo of the company. The Independent Product Seller shall not use the Empower Time SSM Private Limited trademark, logotype and design anywhere without written permission from the Company. This permission, if given, can be withdrawn at any time by the Company. Violations shall invite, besides termination of Independent Product Seller-ship of the Company, penal actions under the prevailing IPR laws and Rules. (3.) That the Independent Product Seller shall not manipulate the EMPOWER Business Plan, pricing of products, PV/BV points etc., in any way whatsoever and shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company without prior written authorization for the same from the management of the company. (4.) That the Independent Product Seller will get specified percentage /points-based Incentives pertaining to the sales for selling the company products directly or indirectly under this E-contract Agreement. (5.) That the Company hereby covenants that it shall provide to the Independent Product Seller with complete instruction books, catalogues, pamphlets for promoting sales and shall provide mandatory orientation training. (6.) That the company shall issue photo identity cards to Independent Product Seller. This photo identity card shall be returned by the Independent Product Seller to the company at the expiry/termination/revocation of the agreement and shall be destroyed. The identity card shall contain the Name & Unique ID number of the Independent Product Seller. (7.) No cash transactions are allowed in any condition. The company will not be responsible for such non-permitted cash transactions. The Independent Product Seller will not be authorized to collect any type of Cheque/demand draft in his own name, on behalf of the Company. All Cheque/demand drafts etc. should be drawn in the name of the company only and the same should be deposited with the company office or other offices as may be specified by the company, within a day. Independent Product Seller shall hold the said Cheque/DD in trust for and on behalf of the company. Upon failure to deposit the said Cheque/ DD, Independent Product Seller shall be liable to pay damages/compensation if any. The receipt/invoice issued by the company only would be valid documentary evidence in the hand of the consumer. It means Independent Product Seller would not be authorized to issue any receipt/invoice on behalf of the company. (8.) That the company may open following facilities for sale of its products: 1.) Online Portal/ E-commerce 2.) Stores (Retail Outlets) 3.) Authorized Sales Point / Pickup Center (9.) That every Independent Product Seller is not authorized to sell any product of the company on e-commerce platform/marketplace. The Independent Product Seller is also 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.
5Cooling Off Policy: That the Company allows or provides to the Independent Product Seller herein a reasonable cooling off period of 30 (Thirty) days, from the date of purchase invoice of products (execution of this E-contract agreement) to cancel his/her participation in the scheme and receive a refund. The Independent Product Seller shall be responsible to give intimation to the company about such decision within specified period through E-mail or registered letter or speed post at company’s mail ID/Registered address. The returned products should be in saleable condition i.e any seal/protection on the goods is kept intact and unbroken. The refund amount of such product shall be paid by the company within reasonable time from the date of receipt of the product at the Company’s premises.
6Sales Incentives/Commission Structure or other Benefit that the Independent Product Seller shall enjoy the following privileges: (1.) Sales Incentive related to their respective sales volume as per the EMPOWER Business Plan. (2.) Earnings of the Independent Product Seller shall be in proportion to the volume of sales done by the Independent Product Seller by self or through his/her network team as stipulated in the EMPOWER Business Plan. (3.) Independent Product Seller can market/sell Company Products on Pan India basis. There is no territorial restriction to sell the products. (4.) He/she can always check and inspect his/her account on the company’s website by using Unique ID and Password allotted to him/her by the company. (5.) That the Company reserves the right to restrict the list of products for a particular area / region. (6.) That price revisions, Government directives, market forces etc., may lead to change in the Company Sales Incentives policy and the company’s decision in this regard will be final and binding. In all such cases, the amendments will be notified on the company’s website and such notifications shall be binding on the Independent Product Seller. However, if any Independent Product Seller does not agree to be bound by such amendment, he/ she may terminate this agreement within 30 days of such publication by giving a written notice communicating his / her objections, if any, to the Company. Without submission of the objection for modification etc., if an Independent Product Seller continues the Direct Selling activities then it will be deemed and presumed that he/ she has accepted all modifications and amendments in the terms & conditions for future. (7.) That all payments and transactions shall be valued in Indian Rupees (INR). (8.) That the Company does not guarantee/assure / promise or offer any facilitation fees or any amount or quantum of income whatsoever to the Independent Product Seller on account of only becoming an Independent Product Seller of the Company. (9.) Each User/Independent Product Seller and Pin Point must have to remember that all Commissions / Incentives are for Promotional purpose only. To earn promotional incentive each User/Independent Product Seller and Pin Point must have to Promote and Bring new business/ Product Sales (See Sales and Marketing Plan) for Company before payouts. (10.) That Sales Incentives to the Independent Product Seller shall be subject to all statutory deductions as applicable like Admin charge and TDS etc. (11.) That Sales Incentive paid to the Independent Product Seller is inclusive of all taxes.
7Mandatory return of Incentives: All Brokerage, Commissions, and Rewards, Incentives are only paid for 100% confirmed sales made by the Independent Product Seller. No chits or manipulations are allowed for product sale. When the company gets any notification for sale return by any referral of Independent Product Seller than that sale is counted as non-confirmed (0%) sale. For these types of sales Independent Product Seller & all those who gets any Brokerage, Commissions, and Rewards, Incentives form such type of non-confirmed (0%) sales in past, they must have to return all the received Brokerage, Commissions, and Rewards, Incentives within 7 (Seven) days) of notification. Violating this rule is treats as 420 and it will result in a legal action for you (All).
8Grievance Redressal Mechanism: That the Independent Product Seller herein agrees and verify that the Company has established a “Grievance Redressal Mechanism” for consumers and Independent Product Sellers to redress their grievances and complaints. For consumers the “Grievance Redressal Mechanism” is displayed on the website of the company. For Independent Product Sellers the “Grievance Redressal Mechanism” is displayed on user panel (After Login your user ID > go to Support > than Add Request). The Independent Product Seller or the customers can approach the Grievance Redressal Committee or the Grievance officer of the company for their grievances.
9Empower Time SSM Private Limited does not require an Independent Product Seller to invest money in any form whatsoever except the cost of products purchased by him/her and does not include any provision that the Independent Product Seller herein will receive compensation from the recruitment to participate. That he/she will receive compensation derived from the sale of products only. That company does not require an Independent Product Seller to maintain an office or establishment in furtherance of his/her entrepreneurship and if an Independent Product Seller does so then he / she himself/herself will be responsible to bear such expenses and the Company will in no way be responsible to refund or reimburse the same.
10That the Company will provide all support to the Independent Product Seller in delivery of the products through Franchisee / Pick-up centers / Pin Points / Courier Service for maintaining effective support system. This is the sole responsibility of independent products seller to collect the self Purchased product from Pickup Center / Franchisee. That the company shall provide accurate and complete information to prospective and existing Independent Product Sellers concerning the reasonable amount of earning opportunity and related rights and obligations. That the company shall pay all dues to the Independent Product Seller and make withholdings, if any, in a commercially reasonable manner. That Independent Product Seller covenants with the Company that it will exclusively engage in the sale of the company products and shall not indulge in the sale of similar/identical products of other companies. If he/she works for other competitive business activities Empower (Company) have all full rights to Block or Delete the User panel or Pin Point panel of Independent Product Seller. Nobody can claim for any type of Refund if the panels are Blocked / Deleted by the company. That Unique Identification Number will have to be quoted by the Independent Product Seller in all his/her transactions and correspondence with the Company. The Unique Identification Number once allotted cannot be altered at any point of time. That No communication will be entertained without Unique Identification Number and password. Independent Product Seller shall preserve the Unique Identification Number and Password properly as it is must for logging on to website.
11That the Independent Product Seller shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other Independent Product Seller and customers also. That the Independent Product Seller shall abide with policies, procedures, rules and regulations prescribed by the Company as well as all laws, rules, regulations, directives and Guideline issued by Government of India, a State Government, a Local body, a Court of Law and local administration, from time to time. An Independent Product Seller will also not indulge in any deceptive or unlawful trade practices as defined in the Consumer Protection Act, 2019 and if does so then he/ she shall be solely responsible for the consequences thereof. That the Independent Product Seller shall be liable to produce/show/explain the EMPOWER Business Plan to the prospects as has been received by him/ her. If the company notices that the Independent Product Seller is working in a way not permitted/authorized, then the company shall have exclusive power to terminate or bar him / her from the company’s Independent Product Seller-ship after giving a show cause notice. That the Independent Product Seller cannot conduct or announce personal level business promotion activities by offering cash rewards, trips, valuables, etc.
12That the Independent Product Seller is personally liable for delivery of goods to its customers. He is also liable to collect products from Pickup Center or where it reaches last by the transporter / Courier service. That the Independent Product Seller shall not use or advertise on social media any business promotion material, not authorized or approved by the Company and if he/she does so then he/she shall solely be responsible for the consequences. That the Independent Product Seller is prohibited from mentioning / posting / telecasting any inappropriate or defaming content about the company, its products, etc. in any social media platforms. If he / she does any act in contravention to this clause, then this contract agreement will be deemed terminated and the company reserves rights to initiate appropriate legal action against him / her. That only one Independent Product Seller-ship code shall be issued on one Pan Card. That the Independent Product 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 Independent Product Seller of the Company.
13All statutory changes will be in force with immediate effect or as per the law prescribed. Any notice or correspondence/s addressed and sent to the Independent Product Seller’s address, E-mail ID and Mobile Number mentioned in the Application Form for registration as Independent Product Seller by registered AD post or a Courier Service or E-mail or WhatsApp message shall be construed as legally delivered to the addressee. However, it is advisable that every Independent Product Seller shall immediately inform the company about the change in his / her address, E-mail ID and Mobile Number failing which the Independent Product Seller’s non-deliverance claim shall not be tenable at any cost whatsoever. The term of this E-contract agreement is at will, subject to earlier termination in accordance with this E-contract agreement or in accordance with law. If this E-Contract Agreement is terminated for any reason whatsoever, the Independent Product Seller understands that his / her right to sell the products and receiving incentives with respect of his/her activities as an Independent Product Seller will cease immediately. Company reserves the right to terminate this E-contract agreement if any condition(s) of this E- Contract Agreement are violated by an Independent Product Seller.
14Limitation of Action: If an Independent Product Seller wish to bring an action against the company for any act or omission relating to or arising from the agreement, such action must be brought within ninety (90) days from the date of the alleged conduct given rise to the cause of action. Failure to bring such action within the given time shall bar all claims against the company. Independent Product Seller waives all claims that any other statutes of limitations apply.
15Indemnification: That the Independent Product Seller agrees to protect, defend, indemnify and hold harmless Company and its employees, officers, directors, agents or representatives from and against any and all liabilities, damages, fines, penalties and costs (including legal costs and disbursements)arising from or relating to: (1.) Any breach of any statute, regulation, direction, orders or standards from any governmental body, agency, or regulator applicable to the company; or (2.) Any breach of the terms and conditions of this E-contract agreement by the Independent Product Seller, (3.) Any claim of any infringement of any intellectual property right or any other right of any third party or of law by the Independent Product Seller; or (4.) Against all matters of embezzlement, misappropriation or misapplications of collection/moneys which may from time to time during the continuance of the Agreement come into his/her /its possession /control
16Relationship: That the Independent Product Seller understands that it is an independently owned business entity and this Agreement does not make it, Company’s employee, associate or agent or legal representative of the company for any purpose whatsoever. The Independent Product Seller does not possess any express or implied right or authority to assume or to undertake any obligation in respect of or on behalf of or in the name of the company or to bind the company in any manner whatsoever. In case, an Independent Product Seller violates this provision in any manner whatsoever then he/she shall be responsible for all types of consequences be it financial, statutory, civil or criminal.
17User Panel Suspension, Revocation or Termination of E-contract agreement: (1.) That the company reserves the right to suspend the operation of this E-contract agreement, at any time, due to change in its own license conditions or upon directions from the competent government authorities. In such a situation, company shall not be responsible for any damage or loss caused or arisen out of aforesaid action. (2.) That all Non Performing (No Direct Sale) user panel will terminate after six month of his/her last confirmed sale. Once terminated no request will entertain to re-issue the same. (3.) That in case of violation of any of the provisions of this agreement stated here-in-before and agreed upon by the Independent Product Seller, the Company may, without prejudice to any other remedy available, issue a one month’s written notice and call upon the Independent Product Seller to explain his conduct in writing failing which or if the explanation is found unsatisfactory, suspend/block/ terminate the Independent Product Seller from further conducting the business of the Company. (4.) That the Independent Product Seller may terminate this agreement at any time by giving a written notice of one month to the Company at the registered address of the company.
18Actions pursuant to Suspension/Blocking/Termination of this E-contract agreement: That notwithstanding any other rights and remedies provided elsewhere in the agreement, upon termination of this agreement: (1.) The Independent Product Seller shall not represent the company in any of its dealings. (2.) The Independent Product Seller shall not intentionally or otherwise commit any act(s) as would keep a third party to believe that the company is still having Direct selling agreement with the Independent Product Seller. (3.) The Independent Product Seller shall stop using the company’s name, trademark, logo, etc., in any audio or visual form. (4.) All obligations and liabilities of such Independent Product Seller to the company existing on the date having accrued during the validity of this Agreement will have to be fulfilled, met and satisfied by the Independent Product Seller in every manner whatsoever.
19Governing Laws and Regulations & Dispute Settlement: (1.) That this Agreements shall be governed by the provisions of the Indian Contract Act, 1872, the Consumer Protection Act, 2019, Direct Selling Guidelines, 2016 notified by the Government of India and State/Union Territory Governments as well as all other rules and regulations issued by the Government of India and State Governments /Union Territories. (2.) That In the event of any interpretation of any question of law, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to a legal forum having jurisdiction in KANGRA (Himachal Pradesh, India). Disputes if any shall be resolved in accordance with the provisions of the Indian Arbitration and Reconciliation Act and mediation provisions of Consumer Protection Act, 2019.
20Force- Majeure: That if at any time, during the continuance of this agreement, the performance in whole or in part, by the company, of any obligation under this is prevented or delayed, by reason of war, or hostility, acts of the public enemy, civic commotion, sabotage, Act of State or direction from Statutory Authority, explosion, epidemic, quarantine restriction, strikes and lockouts, fire, floods, natural calamities/Disaster or any act of God (hereinafter referred to as event), neither party shall, by reason of such event, be entitled to terminate the agreement, nor shall either party have any such claims for damages against the other, in respect of such non-performance or delay in performance. Provided that the Services under the agreement shall be resumed as soon as practicable, after such event comes to amend or ceases to exist.
21The Independent Product Seller hereby covenants as under: . (1.) That he/she has clearly understood the application form, EMPOWER Business Plan, its limitations and conditions and he/she is not relying upon any representation or promises that is not set out in this E-contract agreement. . (2.) That relation between the Company and the Independent Product Seller and all his/her activities here under shall be governed in addition to this agreement, by the rules / procedures contained in the EMPOWER Business Plan, available on website. The Independent Product Seller confirms that he/she has readout all the terms & conditions thereof and agrees to be bound by them. . (3.) That the Independent Product Seller that he/she is not an agent, employee or any other Legal representative of the Company or its service provider. . (4.) That Independent Product Seller hereby declares that all the information furnished by him/her to the Company is true and correct. Company shall be at sole discretion and liberty to take any action against the Independent Product Seller in the event, it is discovered that the Independent Product Seller furnished any wrong/false information to the Company. . (5.) That the Independent Product Seller herein is the concerned person hence fully conversant with the fact deposed without any pressure to be appointed as Independent Product Seller in whole India on terms and condition as contained in this agreement. . (6.) That he / she has read and understood the terms and conditions for appointment as Independent Product Seller of the Company and has also gone through the Companies official website, printed materials, brochures and convinced about the business and has applied for appointment as an Independent Product Seller out of his own sweet will, accord and volition. . (7.) The Independent Product Seller undertakes to adhere to the policies, procedures, rules and regulations formed by the Company and confirm having read/been explained and read over in the vernacular language he/she is conversant with and understands the contents of the document on policy and procedures of the appointment of Independent Product Seller. . (8.) The Independent Product Seller herein very well understands that violation of this contract agreement may result in termination of this agreement as per procedure laid down therein. . (9.) The Independent Product Seller must have to send this contract agreement (on Stamp Paper) with duly signed and attested by notary within 30 (Thirty) days from the date of purchase invoice of products. If fails, all Brokerage, Commissions, and Rewards, Incentives were put on hold until it received at EMPOWER REGISTERED OFFICE. . IN TOKEN OF HIS/HER AGREEING TO AND ACCEPTING ALL PROVISIONS OF THIS CONTRACT AGREEMENT SET HERE IN ABOVE, HE/SHE IS CLICKING ON THE “I AGREE” BUTTON GIVEN HEREIN. . I AGREE ................................................... Name: ____________________________________ S/O Shri____________________________________ Resident of_______________________________________________________________________ __________________________________________________________________________ State_______________________________________ Pin Code __________________________________ PAN NO._________________________________AADHAR NO._________________________________ Bank A/C No/_________________________________ IFSC Code________________________________ (Attach attested copy of PAN card and Aadhar card Mandatory)
22Dated: 26 September 2022