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Terms & Conditions

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 (While Online Registration) you conceder that you have read and agree for all PROVISIONS in 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.<<<<<
2Independent Product Seller/DIRECT SELLER /Direct Selling E-Contract/Agreement between M/s Empower Time SSM Private Limited & Shri.___________________________ ID No.__________________ “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 Solution, 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 Business” (not falling under a pyramid scheme as stated in the Object Clauses of memorandum of Association of the Company) which means marketing, distribution and sale of goods or providing of services through a network of Independent Product Seller/DIRECT SELLER (Contract Basis) at different levels of distribution who may recruit or introduce or refer further level of Independent Product Seller/DIRECT SELLER , vide its own specific Empower Business Plan. The Company exclusively uses its website www.empowertime.net to display the details of the products, services, 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 and services on Contract Basis/Commission Basis. Individuals (Indian Citizens only) Interested in becoming the Independent Product Seller/DIRECT SELLER of the Company, can apply for the same in prescribed form. There are no fees, deposit or any kind of charges for becoming an Independent Product Seller/DIRECT SELLER of the Company. Any Independent Product Seller/DIRECT SELLER can also work as Pickup Center of company with special permissions. It is mandatory Before filling the Online application form, the intending Independent Product Seller/DIRECT SELLER shall go through the terms and conditions herein below thoroughly and if he agrees the terms and conditions, he/she shall append his/her signatures in the column provided hereunder as token of his/her acceptance. Definitions: The following words used in these presents shall have the meaning as defined here under: • Direct Selling: Means marketing /sale of goods and services directly or by different levels of distribution to the end user/consumer/ customer either by oral publicity or display or demonstrations of the goods/products/services or by distribution of pamphlets. •Direct Selling Entity/Company: Means a Company named Empower Time SSM Private Limited 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 and running its business by the same name in INDIA. •Independent Product Seller/DIRECT SELLER : Means a person who has voluntarily offered to join the business of the Company by Direct Selling mode and competent to enter into contract as per "Indian Contract Act", and who is authorized to sell products and services of company as registered Independent Product Seller/DIRECT SELLER . •Pickup Center: Means the place where Independent Product Seller/DIRECT SELLER/Customer can buy goods/products/services defined on company website. •Consumer: Means a person who purchases goods or services for consumption and not for commercial purposes. It shall have the same meaning as provided under the Consumer Protection Act, 2019. •Goods/Products: Means goods/products/services defined in the Sale of Goods Act, 1930. •Brokerage, Commissions, and Rewards, Incentives: Means amount of incentive payable to the Independent Product Seller/DIRECT SELLER for effecting sale of goods /products /services as stipulated in the contract between the DIRECT SELLER and Direct Selling entity. • E-Contract / Agreement/ Contract, Terms and Conditions: Means the document governing the contractual relationship between the Company and its Customer/User or Independent Product Seller/DIRECT SELLER. •Unique ID/Direct Selling Code: Means unique identification number issued by the Company to the Independent Product Seller/DIRECT SELLER as token of acceptance of his/her application for Direct Selling of the goods/ products/services of the Company. •Password: Means unique code allotted to each Independent Product Seller/DIRECT SELLER to allow them to login to the website of the Company. •Website: Means the official website of Company i.e. www.empowertime.net
31. Appointment: That for appointment of the Independent Product Seller/DIRECT 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 Contract Act, 1872 and wish to become an Independent Product Seller/DIRECT SELLER of the company, can apply to be appointed as an Independent Product Seller/DIRECT SELLER for marketing and selling of products/services on pan India basis, in prescribed form through online method. a. Fill the application form online and upload scanned KYC documents. b. Read the terms and condition carefully and accept the terms and condition of this E-Contract / Agreement by clicking on “I AGREE” button as token of your acceptance. c. On the completion of the above process, the Independent Product Seller/DIRECT SELLER must have to take printout of this agreement. d. That the Independent Product Seller/DIRECT SELLER must have to submit the KYC documents and this Agreement in hard copy on Stamp Paper with duly signed and attested by Notary and self- attested KYC documents 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) e. 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/DIRECT 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 along with this agreement within 30 days from the date of his/her first purchase invoice of products etc. f. That the KYC shall include but not limited to verified proof of address, proof of identity and PAN. The Independent Product Seller/DIRECT SELLER shall submit PAN to the company as per the provisions of the Income Tax Act, 1961. The Independent Product Seller/DIRECT 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 and Bank Details 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. g. Additional Documents required for Applicant in case of Company: 1. CIN, MOA & AOA 2. PAN and GSTIN 3. List of Directors of the Company 4. Board Resolution in favor of the Director signing and executing this E-Contract / Agreement and Application h. Additional Documents required for Applicant in case of Firm: 1. Partnership Deed or an Affidavit in case of Proprietorship firm 2. PAN and GSTIN 3. Authorization in favor of the Partner signing and executing this E-Contract / Agreement and Application i. 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/DIRECT 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. www.empowertime.net to access his/ her own personal back office. The Company shall be at liberty to accept or reject the application at its discretion.
42. Confirmation: After acceptance of EMPOWER’S terms of business this agreement is signed and executed electronically online and offline by the below mentioned Independent Product Seller/DIRECT 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 And whereas the Independent Product Seller/DIRECT 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 contract Agreement, in the language known to him by his/her sponsor Shri/Smt.___________________ ID No.__________________ and after visiting the company’s website www.empowertime.net and ascertaining all facts, he/she has voluntarily offered to join the business of the Company by Direct Selling mode and resolved to enter into this contract agreement, hence this deed.
5NOW THEREFORE THIS DEED COVENANTS AS UNDER: 1. The Company assures that this E-Contract / Agreement has not any provision that an Independent Product Seller/DIRECT SELLER will receive compensation or incentive for the Registration, Recruitment and Enrolment of him/herself or new participants. The Company also assures that it is not mandatory and 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. When you buy any goods/service from Empower please make sure to check all Details with your wisdom and intelligence. 2. 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. The Company also assures that you have to pay only for the Products/service that you are buying from company. 3. That the Company hereby covenants that it shall provide to the Independent Product Seller/DIRECT SELLER with complete instruction books, catalogues, pamphlets (Online) for promoting sales and shall provide mandatory orientation training (Online/Offline). 4. That the company shall issue photo identity cards (Online) to Independent Product Seller/DIRECT SELLER. The identity card shall contain the Name & Unique ID number of the Independent Product Seller/DIRECT SELLER. 5. That the company may be open following facilities for sale of its products/services: a. Online Portal/ E-commerce b. Stores (Retail Outlets) c. Authorized Sales Point / Pickup Center 6. That the Company will provide all support to the Independent Product Seller/DIRECT SELLER in delivery of the products through Company Office / Franchisee / Pick-up centers / Pin Points / Courier Service / Transport for maintaining effective support system. 7. That if asked to the company, Company shall provide accurate and complete information (Online/Offline) to prospective and existing Independent Product Seller/DIRECT SELLERs concerning the reasonable amount of earning opportunity and related rights and obligations. 8. That the company shall pay all dues to the Independent Product Seller/DIRECT SELLER and make withholdings, if any, in a commercially reasonable manner.
6The applicant/Independent Product Seller/DIRECT SELLER (and Pickup Center) covenants/assures and acknowledge that: 1. That he/she has clearly understood the marketing methods/Business plan, the compensation plan, its limitations and conditions. He/she agrees that he/she is not relying upon any misrepresentations or fraudulent inducement or assurance that is not set out in terms and conditions or other officially printed or published materials of the Company. 2. That an Independent Product Seller/DIRECT SELLER/Pickup Center 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/DIRECT SELLER/Pickup Center are only and only for 100% Confirmed and effective sale of products/ services and in no way for registering, recruiting/sponsoring/introducing an Independent Product Seller/DIRECT SELLER . 3. That he/she clearly understood the relation between the Company and him/her shall be governed, in addition to this agreement, by the rules and procedure mentioned in the marketing plan, available on website. The Independent Product Seller/DIRECT SELLER/Pickup Center further confirms that he has read and understood the terms & conditions carefully and agrees to be bound by them. 4. That he/she shall act as a freelancer and shall not commit any misfeasance or malfeasance to create any liability/obligation on the Company. 5. That he/she clearly understood in very clear terms that Independent Product Seller/DIRECT SELLER/Pickup Center is not an Agent or Employee of company neither Partner nor an authorized representative of the Company or its service providers. He/she is not authorized to receive/accept any amount/payment in his account for and behalf of the Company and any payment received by him will not be deemed to be received by the Company. 6. Independent Product Seller/DIRECT SELLER/Pickup Center hereby declares that all the information furnished by him is true and correct. Company shall be at liberty to take any action against the Independent Product Seller/DIRECT SELLER /Pickup Center in the event, if it is discovered that he/she furnished any wrong/false information to the Company. 7. That he/she clearly understood in very clear terms that the company is only and exclusive owner of the name and logo of the company. The Independent Product Seller/DIRECT SELLER/Pickup Center 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/DIRECT SELLER -ship/Pickup Center of the Company, penal actions under the prevailing IPR laws and Rules.
78. That an Independent Product Seller/DIRECT SELLER/Pickup Center herein assures that he/she will return his/her photo identity card to the company at the expiry/termination/revocation of the agreement and shall be destroyed. 9. That the Independent Product Seller/DIRECT SELLER/Pickup Center assures that he/she will not manipulate the EMPOWER Business Plan, pricing of products, PV/BV points etc. in any way. He/she shall not send, transmit or communicate any messages to anybody on behalf of the Company without prior written authorization for the same from the management of the company. 10. That an Independent Product Seller/DIRECT SELLER/Pickup Center herein assures that he/she will return (See Cooling Off Policy and See Mandatory return of Incentives) all the received Brokerage, Commissions, and Rewards, Incentives within 7 (Seven) days) of notification for all non-confirmed product sale. 11. That he/she clearly understood in very clear terms that all the transactions are permitted only in the companys bank account. No cash transactions/Third party transactions are allowed in any condition. The company will not be responsible for such non-permitted cash transactions/third party transactions. The Independent Product Seller/DIRECT SELLER/Pickup Center 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 one day. Independent Product Seller/DIRECT SELLER/Pickup Center shall hold the said Cheque/DD for one day in trust for and on behalf of the company. Upon failure to deposit the said Cheque/ DD within one day, Independent Product Seller/DIRECT SELLER/Pickup Center shall be liable to pay damages / compensation if any. The payment receipt/invoice issued by the company only would be valid documentary evidence in the hand of the consumer. It means Independent Product Seller/DIRECT SELLER/Pickup Center would not be authorized to issue any kind of receipt/invoice on behalf of the company, unless permitted in written. 12. That it is clearly understood that every Independent Product Seller/DIRECT SELLER/Pickup Center is not authorized to sell any product of the company on e-commerce platform/marketplace. The Independent Product Seller/DIRECT SELLER/Pickup Center 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. 13. That it is clearly understood that the Company may appoint any person for Collection/distribution services. Independent Product Seller/DIRECT SELLER/Pickup Center is required to visit the Companys official website from time to time to get details of such appointments and avail facilities, make payment and collect valid receipt (only online) and products from its outlet/collection center/ Company office. 14. That the Independent Product Seller/DIRECT SELLER/Pickup Center 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/DIRECT SELLER/Pickup Center of the Company.
815. Independent Product Seller/DIRECT SELLER/Pickup Center undertakes to adhere for policies, procedures, rules and regulations formed by the Company. 16. That it is clearly understood this is the sole responsibility of independent products seller/DIRECT SELLER to collect the self-Purchased product from Pickup Center / Franchisee / Courier / Transport / Company Office. Attending the online and offline meeting and training programs of Company are mandatory. 17. That the Independent Product Seller/DIRECT SELLER hereby covenants, assures and acknowledges that he/she is personally liable for delivery of goods to its customers. He/she is also liable to collect products from Pickup Center or where it reaches last by the transporter / Courier service. 18. That the Independent Product Seller/DIRECT SELLER/Pickup Center assures that he/she will 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/DIRECT SELLER and customers also. 19. That Independent Product Seller/DIRECT SELLER/Pickup Center covenants with the Company that he/she 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 his/her Direct selling code/User panel or Pin Point panel/Pickup Center. Company will not entertain any type of request or claim if the direct selling code/user panels are Blocked/Terminated/Deleted once. 20. That it is clearly understood he/she will not receive any Reward or Commission or Incentive from Company if there is no product sale made by him/her. 21. It is clearly understood that the user panel provided to Member / Pin-Points is free of cost and it is property of Company. Company have right to take it back from all non-productive members who are continuously not providing any Direct sales for six months. 22. Clear Warning: Please do not share your ID and Password or OTP with anyone. Empower will not responsible for any misuse of ID and Password or OTP.
93. Scope of the Work: 1. That the Independent Product Seller/DIRECT 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 Seller/DIRECT SELLER s. 2. That the Independent Product Seller/DIRECT SELLER will get specified percentage /points-based Incentives pertaining to the sales for selling the company products/services directly or indirectly under this E-Contract / Agreement as per Empower Business Plan.
104. Product Delivery/Receiving of Products: 1. When a registered person pays the cost of products Directly to Company (Always Recommended), he/she will receive the products through courier /transport directly from company (only if there is no Authorized Pickup Center within 25 KM of his/her Registered Address or Present Address) at his/her registered address or Present Address. The dispatch of products is twice (1st and 16th) in a month for Minimum order of 10 products. If the order is less than 10 products he/she has to pay courier/transport charges or he/she have to collect the products from companies registered office or nearby pickup center. Please check Product Delivery link on member panel for exact date and time of product dispatch. Maximum time to get dispatch of products directly from company is 15 days, If any registered person did not receive the products dispatch within specified time he/she must have to log a complaint/ticket through his/her member panel immediately to notify the company about such issue. Maximum time to log a complaint/ticket is 30 days; No request is entertained after this time period. 2. When a registered person pays the cost of products directly to Authorized Independent Product Seller/DIRECT SELLER, he/she must have to collect their products within 7 (seven) Days, from that Independent Product Seller/DIRECT SELLER. Maximum time to get products from Independent Product Seller/DIRECT SELLER is 7 (seven) Days, If any registered person did not receive the products within specified time he/she must have to log a complaint/ticket through his/her member panel immediately to notify the company about such issue. Maximum time to log a complaint/ticket is 15 days; No request is entertained after this time period. 3. When a registered person pays the cost of products Directly to Authorized Pick-up center/Franchisee/Pin-Point (Pick-up center/Franchisee/Pin-Point is bound to maintain product stock), he/she must have to collect the products at same time (Time of Payment) from that Pick-up center/Franchisee/Pin-Point. Maximum time to get/collect the products from Pick-up center/Franchisee/Pin-Point is 1 hour, If any registered person did not receive the products within the time limit he/she must have to log a complaint/ticket through his/her member panel immediately to notify the company about such issue. Maximum time to log a complaint/ticket is 1 day; No request is entertained after this time period. 4. When any Independent Product Seller/DIRECT SELLER is buying Product Stock (more than seven thousand/multiple products) for retail sale, must have to collect his/her stock from Company Office/Pickup Center to whom he/she directly paid the cost of products stock. 5. Clear Warning: We strongly warn you that, do not buy any unnecessary or unwanted product/products under anyones advice or by coming into any kind of Greed or Seduction. Empower will not responsible for any kind of your financial loss. 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. Please dont be deceived by anyone and take Medical professionals advice before buying any Product from Empower, it is mandatory and it is also sole responsibility of yours.
115. Buyback Policy: That the Company allows or provides for a buy back or repurchase policy for “currently marketable” products sold to the participant at the request of the participant at reasonable terms on or before 30 (Thirty) days from date of purchase invoice of product(s).The Buyback Guarantee Mechanism as displayed on company’s website may be read as part and parcel of this E-Contract / Agreement. All sales comes under Buyback Policy is called Non Confirmed Sales.
126. Cooling Off Policy: That the Company allows or provides to the Independent Product Seller/DIRECT 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 business plan/scheme and receive a refund. The Independent Product Seller/DIRECT SELLER shall be responsible to give intimation to the company about such decision within specified (THIRTY DAYS) 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/products shall be paid by the company within reasonable time from the date of receipt of the product at the Company’s premises. All sales comes under Cooling off Policy is called Non Confirmed Sales.
137. Mandatory return of Incentives/Panel: It is clearly understood that all Brokerage, Commissions, and Rewards, Incentives are only paid for 100% confirmed sales made by the Independent Product Seller/DIRECT SELLER. No chits or manipulations are allowed for product sale. When the company gets any written notification for sale return by any referral of Independent Product Seller/DIRECT SELLER than that sale is counted as non-confirmed (0%) sale. For these types of sales Independent Product Seller/DIRECT 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. If not returned than it is clearly understood that it is thoughtfully and willful deception. Violating this rule shall treat as forgery / Fraud and it will result in a legal action against for you and all.
148. Sales Incentives/Commission Structure or other Benefit: The Company upon scrutiny and verification of the Application may register the Applicant as “Independent Product Seller/DIRECT SELLER” "DIRECT SELLER" for selling the Goods/Products/Services of the Company. The Independent Product Seller/DIRECT SELLER shall enjoy the following privileges: 1. Incentive for effecting sale (only 100% confirmed) of goods/products/Services of the Company as per EMPOWER Business Plan /Marketing plan. 2. Sales Incentive related to their respective sales volume as per the EMPOWER Business Plan. 3. Earnings of the Independent Product Seller/DIRECT SELLER shall be in proportion to the volume of sales done by the Independent Product Seller/DIRECT SELLER by self or through his/her network team as stipulated in the EMPOWER Business Plan. 4. The Independent Product Seller/DIRECT SELLER will be eligible for commission or income etc. as per the volume of sale of Products/Services/Business done by him/her, subject to the eligibility norms formulated by the Company from time to time. 5. Independent Product Seller/DIRECT SELLER can market/sell Company Products on Pan India basis. There is no territorial restriction to sell the products. 6. 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. 7. That the Company reserves the right to restrict the list of products for a particular area / region. 8. 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/DIRECT SELLER. However, if any Independent Product Seller/DIRECT 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/DIRECT 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. 9. That all payments and transactions shall be valued in Indian Rupees (INR). 10. 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/DIRECT SELLER on account of only becoming an Independent Product Seller/DIRECT SELLER of the Company. 11. Each User/Independent Product Seller/DIRECT SELLER and Pin Point must have to remember that all Commissions / Incentives are only for Promotional purpose. To earn promotional incentive each User/Independent Product Seller/DIRECT SELLER and Pin Point must have to Promote and Bring new business/Product Sales (See Sales and Marketing Plan) for Company before payouts. 12. That Sales Incentives to the Independent Product Seller/DIRECT SELLER shall be subject to all statutory deductions as applicable like Admin charge and TDS etc. 13. That Sales Incentive paid to the Independent Product Seller/DIRECT SELLER is inclusive of all taxes.
159. Grievance Redressal Mechanism: That the Independent Product Seller/DIRECT SELLER herein agrees and verify that the Company has established a “Grievance Redressal Mechanism” for consumers and Independent Product Seller/DIRECT SELLER s to redress their grievances and complaints. For consumers the “Grievance Redressal Mechanism” is displayed on the website of the company. For Independent Product Seller/DIRECT SELLER the “Grievance Redressal Mechanism” is displayed on user panel. The Independent Product Seller/DIRECT SELLER or the customers can approach the Grievance Redressal Committee or the Grievance officer of the company for their grievances. Please call and Email to 9816120017, 7293333315 / [email protected] for all complaints and requests.
1610. PROHIBITIONS and TERMS: 1. Empower Time SSM Private Limited does not require an Independent Product Seller/DIRECT 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/DIRECT 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/DIRECT SELLER to maintain an office or establishment in furtherance of his/her entrepreneurship and if an Independent Product Seller/DIRECT 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. 2. The Company does not guarantee/assure any particular or fixed facilitation fees or income to the Independent Product Seller/DIRECT SELLER. 3. No communication will be entertained without unique ID and Password. Independent Product Seller/DIRECT SELLER shall preserve the ID and Password properly as it is "must" for logging on to website. Remember that regeneration of password is chargeable. 4. The Company reserves its right to withheld/block/suspend the DIRECT SELLING code in the event he/she fails to provide any details as desired by the Company from time to time including but not limited to Pan card details. 5. Processing charges and any other applicable charges will be deducted as per the Companys norms. 6. That Unique Identification Number will have to be quoted by the Independent Product Seller/DIRECT SELLER in all his/her transactions and correspondence with the Company. The Unique Identification Number once allotted cannot be altered at any condition. Remember that no communication will be entertained without Unique Identification Number. Independent Product Seller/DIRECT SELLER shall preserve the Unique Identification Number and Password properly/safely as it can misuse by someone else. Remember that Company is not responsible for any type of misuse. 7. That the Independent Product Seller/DIRECT SELLER shall abide with policies, procedures, rules and regulations prescribed by the Company, as well as all laws, rules, regulations, directives and Guideline issued from time to time by Government of India, State Government, Local body, local administration and the Court of Law. An Independent Product Seller/DIRECT 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.
178. That the Independent Product Seller/DIRECT SELLER shall be liable to produce/show/explain the EMPOWER Business Plan to the prospects as has been received by him/ her from Company. If the company notices that the Independent Product Seller/DIRECT SELLER is working in a way not permitted / authorized by the company, then the company shall have exclusive power to terminate or bar him / her from the company’s Independent Product Seller/DIRECT SELLER -ship after giving a show cause notice. 9. That the Independent Product Seller/DIRECT SELLER cannot conduct or announce personal level business promotion activities by offering cash rewards, trips, valuables, etc. 10. That the Independent Product Seller/DIRECT 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. 11. That the Independent Product Seller/DIRECT 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. 12. That the promotion of any product/business plan is prohibited by Independent Product Seller/DIRECT SELLER on any social media without written permission from the management of the company. However if company promotes its products/business plan/testimonials on any social media that may include face book, YouTube, WhatsApp, Google Etc. or any other digital marketing tools, Independent Product Seller/DIRECT SELLER can participate in any such promotional activity run by the company and may be compensated for such participation, and solely dependent on company decision. 13. That only one Independent Product Seller/DIRECT SELLER -ship code shall be issued on one Pan Card. 14. All statutory changes will be in force with immediate effect or as per the law prescribed. 15. Any type of notice or correspondence which is addressed and sent to the Independent Product Seller/DIRECT SELLER’s on his/her address or E-mail ID or Mobile number which is mentioned in the Application Form or Member Panel by him/her through registered post or a Courier Service or E-mail or WhatsApp message will be Considered as legally delivered to the addressee. However, it is advisable that every Independent Product Seller/DIRECT 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/DIRECT SELLER ’s non-deliverance claim shall not be tenable at any cost whatsoever.
1816. 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/DIRECT SELLER understands that his / her right to sell the products and receiving incentives with respect of his/her activities as Independent Product Seller/DIRECT 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/DIRECT SELLER. 17. Company reserves the rights to modify or add the terms and conditions, products, business plan and policies at any time without Individual notice. All modification shall be published through the official website of the Company and such modification /amendment shall be applicable and binding upon the Independent Product Seller/DIRECT SELLER from the date of such notification. 18. In case of death of Independent Product Seller/DIRECT SELLER either his nominee or one of the legal heir with consent of all the legal heirs may join the Company as Independent Product Seller/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 Independent Product Seller/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 Independent Product Seller/DIRECT SELLER code. For this period the Company will keep this Independent Product Seller/DIRECT SELLER code in abeyance. If any Independent Product Seller/DIRECT SELLER loses his contractual capacity due to any reason such as lunacy, bankruptcy, embargo or sentenced to imprisonment is created, his DIRECT SELLER code shall be continued through legal person or any other appointed by the competent Court. 19. Independent Product Seller/DIRECT SELLER shall not engage in any deceptive of unlawful trade practice as defined Statute. 20. Independent Product Seller/DIRECT SELLER shall not send or communicate any messages to anybody on behalf of the Company without any authority from the Company. 21. Independent Product Seller/DIRECT SELLER or any other person under him is strictly prohibited to use Promotional Material, other than the developed and authorized by the Company. 22. All the expenses for conducting meetings and seminars, all the permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Independent Product Seller/DIRECT SELLER. 23. Parties shall keep and maintain secrecy and confidentiality of the information for which they are obliged and expected to keep the secret and not disclose anybody other than the persons to whom is reasonable.
1911. Limitation of Action: If an Independent Product Seller/DIRECT 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/DIRECT SELLER waives all claims that any other statutes of limitations apply.
2012. Indemnification: That the Independent Product Seller/DIRECT 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. 2. Any breach of the terms and conditions of this E-Contract / Agreement by the Independent Product Seller/DIRECT 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/DIRECT SELLER. 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.
2113. Relationship: That the Independent Product Seller/DIRECT SELLER understands that it is an independently owned business entity and this Agreement does not make him/her Company’s employee, associate or agent or legal representative of the company for any purpose whatsoever. The Independent Product Seller/DIRECT 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/DIRECT 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.
2214. Suspension, Revocation or Termination of E-Contract / Agreement : Company may terminate this agreement for any reason not limited to; 1. Pursuant to the provision to the marketing plan. 2. For reason of non-performance. 3. Any unethical and pre judicial work to the interest of the Company. 4. For the breach of any terms and conditions of this agreement and marketing plan. 5. Information given by Independent Product Seller/DIRECT SELLER found wrong/false. 6. In convicted of an offence punishable imprisonment of whatever term. 7. Is declared bankrupt or Is not mentally sound to handle the business. 8. Migrate to other country. 9. A written notice to the Company. 10. 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. 11. 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/DIRECT 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/DIRECT SELLER to explain his conduct in writing failing which or if the explanation is found unsatisfactory, suspend/block/ terminate the Independent Product Seller/DIRECT SELLER from further conducting the business of the Company. 12. That the Independent Product Seller/DIRECT 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.
2315. Actions 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/DIRECT SELLER shall not represent the company in any of its dealings. 2. The Independent Product Seller/DIRECT 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/DIRECT SELLER . 3. The Independent Product Seller/DIRECT 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/DIRECT 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/DIRECT SELLER in every manner whatsoever.
2416. Governing 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, 2016,2019,2021 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.
2517. Force- 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.
2618. The Independent Product Seller/DIRECT 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/DIRECT 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/DIRECT 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/DIRECT SELLER is not an agent, employee or any other Legal representative of the Company or its service provider. 4. That Independent Product Seller/DIRECT 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/DIRECT SELLER in the event, it is discovered that the Independent Product Seller/DIRECT SELLER furnished any wrong/false information to the Company. 5. That Independent Product Seller/DIRECT SELLER declare that he/she have not been given any assurance or promise or inducement by the Company or its Directors in regard to any fixed income incentive, prize or benefit on account of the products purchased by him/her. 6. That Independent Product Seller/DIRECT SELLER declare that he/she have also gone through the Companys official website, printed materials, brochures and convinced by the business and he/she have applied to appoint him/her as a DIRECT SELLER on their own volition. 7. That the Independent Product Seller/DIRECT SELLER herein is the concerned person hence fully conversant with the fact deposed without any pressure to be appointed as Independent Product Seller/DIRECT SELLER in whole India on terms and condition as contained in this agreement. 8. That he / she has read and understood the terms and conditions for appointment as Independent Product Seller/DIRECT SELLER of the Company and has also gone through the Companys official website, printed materials, brochures and convinced about the business and has applied for appointment as an Independent Product Seller/DIRECT SELLER out of his own sweet will, accord and volition. 9. The Independent Product Seller/DIRECT 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/DIRECT SELLER. 10. The Independent Product Seller/DIRECT SELLER has clearly understood that eligibility of income exclusively depends on his/her performance in business volume as from terms & conditions. He/she further agree that company reserves the right to change the Business Plan at any point of time without prior notice, he/she undertake not to misguide or induce dishonestly anybody to join the Company. 11. The Independent Product Seller/DIRECT SELLER hereby agree and adhere to the terms and conditions as stipulated along with the application form, he/she also agree to purchase the product(s) as Consumer, to do the DIRECT SELLER activities, He/she hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the Company. He/she also declare that at presently no other DIRECT SELLER Identity [ID] is activated in their name. 12. The Independent Product Seller/DIRECT SELLER herein very well understands that violation of this contract agreement may result in termination of this agreement as per procedure laid down therein. 13. Although the Independent Product Seller/DIRECT SELLER/Pickup center have already made his/her acceptance to ALL PROVISIONS OF THIS CONTRACT AGREEMENT while registration online, “by clicking I accept the term and conditions”. But still he/she 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 he/she fails, all Brokerage, Commissions, and Rewards, Incentives were put on hold until his/her CONTRACT AGREEMENT is received at EMPOWERS REGISTERED OFFICE. 14. If any independent product seller / direct seller, consumer does any act in violation of the Consumer Protection (Direct Selling) Act / Sales Act / Income Tax Act / Companies Act / Indian Contract Act / Company direct Selling E-Contract, Empower (Company) will not be responsible for any kind of financial or non-financial loss, The Company shall not entertain any request or claim and this Contract Agreement shall be treated as terminated and the Company reserves the right to initiate appropriate legal action against the Independent Product Seller/Direct Seller.
27 The person, upon his signing at the bottom of this Agreement, shall be deemed to have accepted the terms of business. Upon registration of the application, he/she will become a direct seller of the company. Password and ID will be allotted after registration and treated as an Independent Product Seller/DIRECT SELLER. 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______________ Pin Code ____________ State________________ PAN No._________________ AADHAR No.____________ Bank A/C No.______________ IFSC Code_______________ Bank & Branch ________________
28Dated: 23 September 2023