Legal Terms and Conditions

by: Vitaflow Healthcare Private Limited LEGAL DOCUMENT March 2023 Please read this document carefully before venturing / accessing the VH Pvt. Ltd. (Vitaflow Healthcare Private Limited) website at www.zoewellness.in or zoewellness.in (“the site”), you are hereby agree to these terms and conditions which are appearing herein below or as may be modified/amended from time to time in future, the same shall be binding upon you including all its modifications which VH Pvt. Ltd. is having its sole discretion choose to carry out any modification / amendment in these terms and conditions. If you have any questions or any query, please contact contact@zoewellness.in

The company (VH Pvt. Ltd.) and the Direct seller undertakes to comply the terms and conditions including the statutory provisions as mentioned in “The Consumer Protection Act 2019” and Consumer Protection (Direct Selling) Rules 2021 published in a Gazette Notification dated 28th December 2021, issued by the Ministry of Consumer Affairs Food & Public Distribution, Department of Consumer Affairs, Govt. of India.

Introduction

This site is owned by VH Private Limited (“the company”), a company incorporated under the laws of India. This document is between “you”, the direct seller, and the company. This document contains the legal information about the company and its policies etc. and will apply to you whether you are merely accessing the site or are registering yourself as a direct seller and purchasing the products either by direct seller themselves or through him or her by the customer. The company reserves its right to suspend or terminate your access or use of this site at any time, without notice in case of violation of any of the guidelines issued by the govt. of India stated here in above or any act done by you by way of contravention of any law of the land or the policies of the company. The products of the company which are available for the customers or the direct sellers are displayed on the website and more products can be added in future after displaying the same on the website or can be removed after giving appropriate notice to its customer or direct seller to be purchased by the customer / direct seller

Content on the site and business material

All material (including information relating to products) on the site and the material published by the Company or authorized by the Company for use as part of the business (“business support material”) belongs to the company and/or its licensees, trademark, logo etc. and company owns all intellectual property rights in the same. The mark “VH” is used for the company (Vitaflow Healthcare Private Limited). All other trademarks / logo appearing on the various goods / products exclusively belong to the company. You, prospective customer / customer / direct seller undertakes not to violate any intellectual property or any other statutory or common law right relating to the content displayed on this site and the business support material and if so, will indemnify the company for the same. You also undertake that you will not reproduce, modify, replace, publish, license, create derivative works, sell any or all of the content on the site or the business support material or create any database in any form by downloading and storage. The information contained on the site and the business support material is for your personal use only and for the purposes of the business marketing plan of the company and is confidential / proprietary in nature. You undertake not to use this information for all times even after termination of direct seller agreement for any purposes antithetical to the business of the company. You shall not use any content, including products offered on this site and/or the business support material for any illegal purpose or against the purposes or interest of the company. It is the obligation and the responsibility of the advertiser or sponsor, if their services are required in future by the company to comply with relevant codes, laws, guidelines issued by govt. of India.

Termination

The company reserves the right to terminate the direct seller agreement in the event of any breach by you of any of the terms of the same or any act or omission on your part which is violative of any applicable law or policy, guidelines issued by govt. of India in respect of direct selling or any other law to be enacted in future by the govt. of India or any other state govt. or if you commit any act of default. In case of information received by the company that the Direct Seller are indulged in activities of printing / displaying / circulating / electronically decimate the material containing the name of the company and its logo, the same shall be viewed very seriously and entitled the company to terminate the Direct Seller Agreement with the said Direct Seller in view of the contravention of the Direct Seller Agreement. The company also reserves its right to initiate appropriate legal proceedings against you, civil or criminal in nature, at your sole risk, cost and expense and claim including without limitation damages and compensation for the breach. You also undertake to indemnify the company on account of any and all costs or damages that may arise due to any such breach. Apart from that the company shall be entitled to issue termination notice with immediate effect to the Direct Seller after coming to know that the said Direct Seller joined some other company dealing in Direct Selling business activities of same nature as of the company or opened his own company doing the same business activities.

Consideration/Refund/Buy-back Policy/Cooling-off Period

There is clear cut policy of our company with regard to the repurchase/buy-back for the goods / products which are of currently marketable being sold to the intending customer / customer / direct seller at their request at reasonable terms. It is specifically stipulated and notified hereby, on behalf our company that every customer / direct seller shall be entitled to have a reasonable repurchase/buy-back policy which has been evoked by our company, where a customer / direct seller within period of 30 days from the date of delivery of the products / goods by our company is entitled for a full refund or buy-back guarantee on reasonable commercial terms as mutually agreed between the customer / direct seller and our company subject to without any damage / alteration / physical loss being caused to the product and same would be of marketable value. Further every customer / direct seller shall be entitled to have a reasonable cooling off period of 30 days to participate or cancel participation in the business opportunity of our company and receive a refund of any consideration given to participate in the operations. It is further notified that every customer / direct seller during this cooling-off period shall be entitled to return the goods / products purchased by the direct seller during this cooling-off period subject to without any damage / alteration / physical loss to the product as of marketable value. However, the products offered to you by the company and as advertised on the website are for the prices as mentioned therein. The company reserves its right to modify the pricing structure at its own discretion including offering the same products at discounts, as part of packages and even as free add-ons.

(A). SHIP and DELIVERY POLICY

All the payment details checked thoroughly then the shipping of the product takes place. All the products are shipped from company’s address i.e., from New Delhi / other delivery centres to all over India through renowned courier companies. This delivery of the products will take a minimum of 2 working days to 7 working days subject to various atmospheric conditions and the availability of the customer at his given address, etc.

(B). ECOMMERCE FLOW and INCORP.

We are Direct Marketing company which sells our products through Direct seller who are independent distributors working on remuneration/commission made by them. Once a customer buys a desired product through direct seller, he/she can start marketing our products and thus start earning commission/remuneration on their efforts. They are given a unique business centre online where they can manage their sales and earn commissions/remuneration. Thus, they start marketing company’s products and put customer details in website. Once all criteria are completed then the individual print the invoice and sent to the company along with the payment. Product dispatches as mentioned in “Section 4(A) SHIP and DELIVERY POLICY”.

Linking and Framing

The company is neither responsible nor liable for any content on any site of which links are found on this website or which might be framed by this website. All intellectual property rights in the linked/framed sites belong to that site and the company does not purport to have any right or obligation in that respect by linking/framing. Links to other sites do not constitute or imply an endorsement or recommendation by the company of their products or the content on their site.

Misuse of the site and Spam

You are put to notice that you will be liable under civil and criminal law (including without limitation the Indian Information Technology Act, 2000) for any attempt to disrupt, tamper, hack, destroy, alter or intentionally or knowingly misuse the site and/or its contents or use the site for any such purposes. You may not post, transmit or market any objectionable, threatening, defamatory, illegal, pornographic, disparaging content through the site or the web space allotted to you for which you will be liable with all attendant legal consequences. The company disclaims all liability or responsibility for the content posted or transmitted through your web space and you will be held solely responsible and liable for the same. Spamming is not a business practice of the company and you undertake not to utilize the information on the site or the services on the site, including details of persons, to indulge in spamming or similar activities. In the event that your involvement, direct or indirect, is suspected in this respect, you will be proceeded against under applicable laws and be liable to the company for all damages, including without limitation, aggravated and exemplary damages.

Limitation of Liability

The Company does not give any warranties in respect of the site, the content, products available through the site, unless specified otherwise. The site and the products are on an “as is” and “as available” basis. To the extent allowed by applicable law the company disclaims all warranties, conditions or duties of whatsoever nature including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties and duties regarding accuracy, timeliness, completeness, performance, lack of negligence. The company makes no warranty that the site is or will be free from infection by virus or anything else with destructive or contaminating properties. You agree that the only recovery of damages that you may get shall be limited to the direct damages/losses you actually incur, upto the limit of a refund of the amount you paid for the product/service or will alternatively be entitled to correction or replacement of the product/service. Moreover, assignment of DSA Login id stated to have been stand in the name of that DSA in the record of the direct selling entity shall not be transferred in the name of any other person.

Jurisdiction and dispute resolution

These terms shall be governed by and construed in accordance with Indian law. All disputes and differences arising out of this Agreement including the interpretation of this Agreement will be first resolved by the parties amicably, failing which the matter shall be referred to the sole arbitrator to be conducted in English in New Delhi, under the provisions of the Indian Arbitration and Conciliation Act 1996, who will be appointed by the company only. The parties irrevocably agree that subject to the above, the courts at New Delhi would have exclusive jurisdiction.

Direct Seller Agreement

In the event, you purchase the products of the company, apart from the instant legal document, you all shall be subjected to comply by the terms and conditions contained in the attached Direct Seller Agreement.

DSA Contract Agreement

This agreement is agreed and accepted electronically & online by and between the executing parties (Hereinafter mentioned and referred to as Direct Selling Associate and the Direct Selling Entity which expressions shall mean and include their respective legal heirs, assigns, successors, administrators, and undertakers).

Be known that this Contract agreement is executed and entered into in accordance with the provisions of India Contract Act and Consumer Protection (Direct Selling) Rules, 2021 (Hereinafter referred to as the Rules)

Whereas the Direct Selling Associate (also referred as “DSA”) has voluntarily out of his / her own accord, sweet will and without any coercion whatsoever, mental, or physical, offered to join the Direct Selling Network business of the Direct selling entity named M/s Vitaflow Healthcare Private Limited(Registered under the Companies Act, 2013) having itscorporateoffice atE – 130, Sector – 7, Noida, Uttar Pradesh – 201301, India.

And whereas the Direct Selling Entity is engaged in “Direct Selling Business” which means marketing, distribution and sale of goods or providing of services through a network of DSAs as per its prescribed Zoe Wellness Compensation Plan (Which may be read as part and parcel of this agreement as the same is not being reproduced here for the sake of brevity) not falling under the pyramid or Money Circulation Scheme.

And whereas the DSA, named below along with his / her KYC particulars therein has, after being explained all the provisions of the said Zoe Wellness Compensation Plan, services details and the present E – contractAgreement in the vernacular language known to him by Shri ___________________ ID No._______________, duly ascertained and satisfied by visiting the Direct selling entity’s website www.zoewellness.in, has voluntarily offered to join the business of the Direct selling entity and resolved to enter into this E-contract agreement, hence this deed.

NOW THEREFORE THIS DEED COVENATS AS UNDER:

The Direct selling entity hereby covenants that it is fully compliant to the Consumer Protection Act, 2019, Consumer Protection (Direct Selling) Rules, 2021, Legal Metrology Act, 2009, E-commerce Rules, 2020 and all other Rules and laws applicable to an Indian Direct Selling Entity.
The Direct selling entity assures and the DSA agrees:

That this E-contract agreement has no provision that a DSAwill receive remuneration or incentive for the recruitment / enrolment only of new participants.
That it does not require a participant to purchase goods or services for an amount that exceeds the amount for which such goods or services can be expected to be sold or resold to consumers.
That it does not require a participant to pay any entry / registration fee / subscription fee, cost of sales demonstration equipment and materials or other fees relating to participation in the direct selling entity’s business.
That it has ascertained from the Zoe Wellness Compensation Plan provided by the Direct Selling Entity (The same may be read as part and parcel of this E-contract agreement as the same is not being reproduced here for the sake of brevity), the stipulated amount of any or all types of Incentives, rewards, etc. including financial and non-financial benefits payable to the DSA are calculated only and only on the basis of effective sale, marketing and distribution of services and in no way on the basis of recruiting / sponsoring / introducing another DSA.

Cooling Off Policy: That the Direct selling entity allows or provides to the DSA herein a reasonable cooling off period in accordance with clause 3 (b) of the Rules, of the said Rules undertake to provide a newly registered DSA a cooling off period of 6 days including Saturday & Sunday effective from the date of signing and execution of the contract agreement by him/her while registering as DSA with us wherein the said DSA can cancel the contract agreement without resulting in any breach of contract or levy of penalty.
Buyback Policy:The Direct Selling Entityagrees to allow buyback/refund of products within 30 days of purchase of the product.
That the DSA herein agrees that the Direct Selling Entity has established a “Grievance Redressal Mechanism” for consumers and DSAs to redress their grievances and complaints, annexed herewith which may be read as part and parcel of these covenants as the same is not being reproduced here for the sake of brevity.
The Direct Selling Entity herein does not require, invite, or solicit a prospect or a would-be DSA to invest money in any form whatsoever to participate in its Direct Selling Business. The DSA shall however be required to bear the cost of products purchased by him / her and does not include any provision that the DSA herein will receive incentive for the recruitment of other participants to participate. That he / she will receive incentive derived only and only from the sales, marketing, and distribution of products, in accordance with the Zoe Wellness Compensation Plan provided and prescribed by the company, to which the DSA hereby agrees to whole of this covenant in letter and spirit.
That the Direct selling entity will provide all support to the DSA in delivery of the products through Franchisee / Pick-up centers / Available Courier / Transport or any other Logistics Service for maintaining effective support system.
That by accepting the offer of the DSA herein the Direct Selling Entity requires him / her to do and complete the following steps. An Individual / Firm / entity eligible to enter into a contract as per the provisions of the India Contact Act, 1872 and wish to become a DSA of the Direct Selling Entity herein, can apply to become a DSA for marketing and selling of Direct Selling Entity’s products on pan India basis, in prescribed form through online method.

Fill the application form online and upload scanned KYC documents.
Accept the terms and condition of this E-contract agreement by clicking on “I AGREE” button below.
On the completion of the above process, the DSA can take a printout of this agreement.
Upon the execution of this agreement and after the verification of all the KYC documents uploaded through the above process, the applicant shall be accepted as a DSA of the Direct Selling Entity’s and a Unique Identification number and password shall be allotted to the applicant, to allow him / her to log on to access his / her own personal account maintained by the company on its website.
That the DSA shall submit the following self-attested documents in hard copy to the Direct Selling Entity within 30 days from the date of execution of this Agreement (Including the acceptance of terms of this agreement) already accepted and agreed upon by clicking on “I AGREE” button at the bottom of these presents (agreement).
That the Direct Selling Entity upon scrutiny and verification of the Application and KYC particulars may re-consider its decision and reject application of the DSA herein, to which the DSA hereby agrees. The Direct Selling Entity shall have sole discretion and shall be at liberty to reject his / her direct selling unique ID number, if the KYC and other documents in hard copy are found unsatisfactory, mollified. Forged or not conforming to Government guidelines prescribed for this purpose.
That the KYC shall include but not limited to verified proof of address, proof of identity, and PAN as per the provisions of the Income Tax Act, 1961, as follows, duly issued by the Government of India or a State / UT government.

Aadhar Card
Voter ID Card
Passport
Ration card
Any other identity document issued by the State / UT or central government which can be verified online.
Additional Documents required for Applicant in case of a company or firm:

CIN or Registration Certificate, MOA & AOA, or Partnership Deed, as the case may be;
PAN, GSTIN, FSSAI (wherever applicable)
List of Directors / Partners of the applicant entity
Board Resolution / Authorization in favor of the Director / Partner signing and executing this E - Contract agreement and Application.

The DSA herein declares that he / she / they has / have not been declared a bankrupt by a competent court of law as provided under clause (3) of section 79 of the Insolvency and Bankruptcy Code, 2016 and that he / she is neither of unsound mind nor convicted by any court of law in preceding five years” of the date of joining the Direct Selling Entity’s business herein.
The DSA herein agrees that he / she shall take appropriate steps to ensure the protection of all sensitive personal information provided by the consumer with the applicable laws for the time being in force and ensure adequate safeguards to prevent access to, or misuse of, data by unauthorized persons.
The DSA herein agrees that he / she shall not visit a consumer’s premises without identity card and prior appointment or approval.
Scope of the Work:

That the DSA shall market, distribute, and sell the services of the Direct Selling Entity using word of mouth publicity, display and demonstration of the services, distribution of pamphlets, and door to door selling to consumers and prospective DSAs.
That the Direct Selling Entity shall be exclusive owner of the name and logo. The DSA shall not use the trademark, logotype, and design anywhere without prior written permission from the Direct Selling Entity. This permission, if given, can be withdrawn at any time by the Direct Selling Entity. Violations if any, shall be termed as violation of this agreement and may result in termination of this agreement and DSA-ship of the DSA, penal actions under the prevailing IPR laws and Rules at the sole discretion of the entity herein to which the DSA herein agrees.
That the DSA shall not manipulate, alter, amend, add, or delete any provisions of the entity herein Zoe Wellness Compensation Plan, pricing of services, PV/BV points etc., in any way what so ever and shall not send, transmit, or otherwise communicate any messages to anybody on behalf of the Direct Selling Entity, contrary to entity’s policies, principal, instructions and prescriptions without prior written authorization and permission for the same by the Direct Selling Entity.
That the DSA will get specified percentage / point-based Incentives pertaining to the sales for selling the products under this E-contract Agreement.
That the Direct Selling Entity hereby covenants that it shall provide to the DSA with complete instruction book(s), catalogues, pamphlets for promoting sales, marketing and distribution and shall provide mandatory orientation training.
That the Direct Selling Entity shall issue photo identity cards to DSA. This photo identity card shall be returned by the DSA to the Direct Selling Entity at the expiry / termination / revocation of this agreement and / or shall be destroyed but shall not be misused in any way or form whatsoever. The identity card shall contain the Name & Unique ID number of the DSA.
The DSA will not be authorized to collect any type of cash / cheque / demand draft in his own name, on behalf of the Direct Selling Entity. All cheques / demand drafts etc. should be drawn in the name of the Direct Selling Entity only and the same should be deposited with the Direct Selling Entity’s office or other offices as may be specified by the Direct Selling Entity, within 24 hours of the time of receipt. DSA shall hold the said collection of cheque / DD in trust for and on behalf of the Direct Selling Entity. Upon failure to deposit the said cheque / DD, DSA shall be liable to pay damages and Mesne-profit, if any. The receipt / invoice issued by the Direct Selling Entity only would be valid documentary evidence in the hand of the consumer. It means DSA would not be authorized to issue any receipt / invoice on behalf of the Direct Selling Entity.
That the Direct Selling Entity may open following facilities for sale of its services:

Online Portal / E-commerce
Stores (Retail Outlets)
Authorized Sales Point / Pickup Center

That a DSA is not authorized to sell any services of the Direct Selling Entity herein one-commerce platform / marketplace, without prior written consent, permission, or authorization of the entity, here in the DSA is also prohibited from listing, marketing, advertising, promoting, discussing, or selling any services, or the business opportunity on any website or online forum that offers auction as a mode of selling.

Sales Incentives / Commission Structure or other Benefit: The DSA shall be eligible for the following financial incentives and / or privileges:

Incentives on the sales, marketing, and distribution of services and / or services by the DSA and his / her team or network of DSAs, as per the Zoe Wellness Compensation Plan of the entity herein, annexed herewith but not being reproduced here for the sake of brevity.
DSA can Market, sell, or distribute Direct Selling Entity’s services on Pan India basis. There is no territorial restriction or limit to sell the services.
He / she can always check and inspect his / her account on the Direct Selling Entity’s website by using his / her Unique ID and Password allotted to him / her by the Direct Selling Entity.
That the Direct Selling Entity reserves the right to restrict the list of services for a particular area / region.
That price revisions, Government directives, market forces etc. may tend and force the Direct Selling Entity herein to change the compensation plan and the Direct Selling Entity’s decision in this regard will be final and binding. In all such cases, the amendments will be notified on the Direct Selling Entity’s website and such notifications shall be binding on the DSA. However, if DSA 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 Direct Selling Entity. Without submission of the objection for modification etc., if a DSA continues the Direct Selling business and activities of the entity herein then it will be deemed and presumed that he / she has accepted all modifications and amendments in the terms & conditions for future.
That all payments and transactions shall be valued in India Rupees (INR).
That the Direct Selling Entity does not guarantee / assure / promise or offer any facilitation fees or any amount or quantum of income whatsoever to the DSA on account of becoming a DSA of the Direct Selling Entity.
That Sales Incentives / Commissions to the DSA shall be subject to all statutory deductions as applicable like TDS etc.
That Sales Incentive accrued and paid to the DSA is inclusive of all taxes.

That the Direct Selling Entity shall provide accurate and complete information to prospective and existing DSAs concerning the reasonable amount of earning opportunity and related rights and obligations.
That the Direct Selling Entity shall pay all dues to the DSA and make with holdings, if any, in a commercially reasonable manner.
That Direct Selling Entity does not require a DSA to maintain an office or establishment in furtherance of his / her entrepreneurship and if anDSA does so then he / she himself / herself will be responsible to bear such expenses and the Direct Selling Entity will in no way be responsible to refund or reimburse the same.
That DSA covenants with the Direct Selling Entity that it will exclusively engage in the sale of the Direct Selling Entity products and shall not indulge in the sale of similar / identical products of any other entity / brand whatsoever.
That Unique Identification Number will have to be quoted by the DSA in all his / her transactions and correspondence with the Direct Selling Entity. The Unique Identification Number once allotted cannot be altered at any point of time. That no communication will be pertained without Unique Identification Number and password. DSA shall preserve the Unique Identification Number and Password properly as it is must for logging on to the website of the entity herein.
That the DSA shall be faithful to the Direct Selling Entity and shall up hold the integrity and decorum to the Direct Selling Entity and shall maintain good relations with other DSA and customers also.
That the DSA shall abide with policies, procedures, rules, and regulations prescribed by the Direct Selling Entity as well as all laws, rules, regulations, directives, and rules issued by Government of India, a State Government, a Local body, a Court of Law, and local administration, from time to time. A DSA will also not indulge in any deceptive or unlawful trade practices such as Mis-selling or Unfair Trade Practices as mentioned in clauses 3(f, g, and i) as defined in the Rules and Clause 2(1), (18), (20) (41) to 4(43) and (47) of the Consumer Protection Act, 2019 and if does so then he / she shall be only and solely responsible for the consequences and perils thereof.
That the DSA shall be liable to produce / show / explain the Zoe Wellness Compensation Plan to the prospects as has been received by him / her. If the Direct Selling Entity notices that the DSA is working in a way not permitted / authorized, then the Direct Selling entity shall have exclusive powers to terminate or bar him / her from the Direct Selling Entity’s business with or without giving a show cause notice.
That the DSA cannot conduct or announce personal level business promotion activities by offering cash rewards, trips, valuables, etc.
That the DSA is personally liable for delivery of goods to its customers. He is also liable to collect services from where it reaches last by the transporter / courier.
That the DSA is prohibited from mentioning / posting / telecasting any inappropriate or defaming content about the Direct Selling Entity, its services, 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 Direct Selling Entity reserves rights to initiate appropriate legal action against him / her.
That only one DSA-ship code shall be issued on one PAN Card.
That the DSA hereby undertakes not to compel or induce or mislead any person with any false statement / promise to purchase products from the Direct Selling Entity or to become DSA of the Direct Selling Entity.
All statutory changes will be in force with immediate effect or as per the law prescribed.
Any notice or correspondences addressed and sent to the DSA’s registered address, E-mail ID and Mobile Number mentioned in the Application Form for registration as DSA by registered 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 DSA shall immediately inform the Direct Selling Entity about the change in his / her address, E-mail ID and Mobile Number failing which the DSA’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 DSA understands that his / her right to sell the services and receiving incentives with respect of his / her activities as a DSA will cease immediately. Direct Selling Entity reserves the right to terminate this E-contract agreement if any condition(s) of this E – Contract Agreement are violated by a DSA.
Limitation of Action: If a DSA wishes to bring any grievance to the notice of the Direct Selling Entity he can do so as per the “Grievance Redressal Mechanism” annexed to this agreement may be read as part and parcel of this agreement as the same is not being reproduced here for the sake of brevity.
Indemnification: That the DSA agrees to protect, defend, indemnify, and hold harmless Direct Selling Entity 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:

Any breach of any statute, regulation, direction, orders, or standards notified by any governmental body, agency, or regulator applicable to the DSA including payment and deposit of taxes; on account of Income tax, GST, Trade tax, Professional Tax, whenever applicable and shall obtain necessary registrations / licenses whenever applicable and required under law.
Any breach of the terms and conditions of this E-contract agreement by the
DSA,
Any claim of any infringement of any intellectual property right or any other right of any third party or of law by the DSA; or
Against all matters of embezzlement, misappropriation or misapplications of collection / money which may from time to time during the continuance of the Agreement come into his / her / its possession / control.

Relationship: That the DSA understands that it is an independently owned business entity and this Agreement does not make it, Direct Selling Entity’s employee, associate or agent or legal representative for any purpose whatsoever. The DSA 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 Direct Selling Entity or to bind the Direct Selling Entity in any manner what so ever. In case, a DSA 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.
Suspension, Revocation or Termination of this E - contract agreement:

That the Direct Selling Entity 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, Direct Selling Entity shall not be responsible for any damage or loss caused or arisen out of afore said action.
That in case of violation of any of the provisions of this agreement stated here-in-before and agreed upon by the DSA, the Direct Selling Entity may, without prejudice to any other remedy available, issue a one month’s written notice and call upon the DSA to explain his conduct in writing failing which or if the explanation is found unsatisfactory and unacceptable in the ordinary course of business, suspend / block / terminate the DSA from further conducting the business of the Direct Selling Entity.
That the DSA may terminate this agreement at any time by giving a written notice of one month to the Direct Selling Entity at the Registered address of the Direct Selling Entity.

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:

The DSA shall not represent the Direct Selling Entity in any of its dealings.
The DSA shall not intentionally or otherwise commit any act(s) as would keep a third party to believe that the Direct Selling Entity is still having Direct selling agreement with the DSA.
The DSA shall stop using the Direct Selling Entity’s name, trademark, logo, etc., in any audio or visual form.
All obligations and liabilities of such DSA to the Direct Selling Entity existing on the date having accrued during the validity of this Agreement will have to be fulfilled, met, and satisfied by the DSA in every manner whatsoever.

Governing Laws and Regulations

That this Agreements shall be governed by the provisions of the Indian Contract Act, 1872, the Consumer Protection Act, 2019, Consumer Protection (Direct Selling) Rules, 2021 or other laws of the land.

Dispute Settlement: The DSA herein agrees and accepts that the remedial action available to him / her 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 as under:

As per the Grievance Redressal Mechanism offered by the entity herein and forming part of this contract agreement;
Thereafter, the dispute if any shall be referred to National Consumer Helpline or State consumer Helpline for effective Mediation;
Disputes if any shall be resolved in accordance with the provisions of the India Arbitration and Reconciliation Act and mediation provisions of Consumer Protection Act, 2019 OR
Referred to a legal forum dealing with consumer disputes having jurisdiction in the District ofDelhi.

Force- Majeure: That if at any time, during the continuance of this agreement, the performance in whole or in part, by the Direct Selling Entity, of any obligation under this a 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 lock outs, 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 this 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 this agreement shall be resumed as soon as practicable, after such event comes to an end or ceases to exist.
The DSA hereby covenants as under:

That he / she has clearly understood the application form, Zoe Wellness Compensation Plan of the Direct Selling Entity, its limitations and conditions and he / she is not relying upon any representation or promises that are not set out in this E-contract agreement.
That relation between the Direct Selling Entity and the DSA and all his / her activities here under shall be governed in addition to this agreement, by the rules / procedures contained in the Zoe Wellness Compensation Plan available on the website. The DSA confirms that he / she has read out and / or has been read out in the vernacular language known to him / her by the person named herein above, all the terms & conditions thereof and agrees to be bound by them.
That DSA hereby declares that all the information furnished by him / her to the Direct Selling Entity is true and correct. Direct Selling Entity shall be at sole discretion and liberty to take any action against the DSA in the event, it is discovered that the DSA furnished any wrong / false information to the Direct Selling Entity.
The DSA herein very well understands that violation of this contract agreement in any way whatsoever may result in termination of this agreement as per procedure laid down therein.

IN TOKEN OF HIS / HER AGREEING TOAND ACCEPTING ALL PROVISIONS OF THIS CONTRACT AGREEMENT SET HEREIN ABOVE, HE / SHE IS CLICKING ON THE “I AGREE” BUTTON GIVEN HEREIN.

I AGREE& ACCEPT

Name: _____________________________ Bank A/C No. ___________________
S/O Shri____________________________ IFSC Code ______________________
Resident of _________________________________________________________________________
___________________________________________________________________________________
Pin Code _____________
State ________________________________
PAN NO. __________________________________________
AANDHAR NO. _______________________________________
Name of the Bank & Branch ________

AGREE & ACCEPT

NODAL OFFICER
M/S________________________________

ADDRESS___________________________
MOB NO.____________________________
E-MAIL ID __________________________

General

a) You cannot assign, sub-licence or otherwise transfer any of your rights under these terms.
b) If any provision of these terms is found to be invalid by any court/tribunal having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
c) Failure by any party to exercise their rights or remedies under this Agreement does not constitute a waiver of that right or remedy.
d) All data and personal details provided by you to the company must be accurate. The company reserves the right to terminate the agreement in the event any information given to the company is found to be misleading, false or inaccurate. You understand that all such data may be disclosed by the company for purposes of business, compliance with law/regulation or in order to prevent any illegal activity.
e) It is expressly understood by the parties that performance under this agreement may be prevented by any act of God or force majeure, including without limitation natural disasters, war, severe technical failures, government law or policy, which will not be construed by parties to mean failure to perform contractually. In such an event, all parties will take all possible steps to resume normal performance of obligations under this agreement.
f) The company will take all possible steps to ensure security of personal information and passwords and Ids of the user, but cannot and does not warrant such security and disclaims all liability for any losses or damage resulting from such security breaches.
g) You warrant that you have the legal capacity to enter into this contract and attained the age of maturity, not incapacitated to manage business due to mental or legal reasons, not been suspended from current profession or business by any professional association, society, or institution, or not been committed to imprisonment by any judicial authority or confined to any correctional institution of any kind.
h) Please note that in case you are employed by any central government/state government agency, Indian armed forces or any such establishment that disallows you to work part time/full time/earn commissions/remuneration, you will not be able to enter into this agreement/document.
i) To avail of additional benefits like LRI & other Elight Income/benefits Customers must have a Gold or Platinum Club discount subscription.

You accept that it is the prerogative of the management of the company to alter, amend or reduce the amount of compensation/remuneration to be given to the direct seller without prior notice.

Contact Us

The company can be contacted at the following addresses/numbers:
E-130, Sector 7, Noida, UP 201301
Tel: +91 0120-3201130 / +91 9667955513
E mail: contact@zoewellness.in