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This agreement is agreed and accepted electronically & online by and between the executing parties i.e. the Direct Seller and the BE RICH INDIA, Be Rich Multitrade Solutions India Private Limited (Hereinafter mentioned and referred to as Direct Seller and BE RICH INDIA 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 Seller has voluntarily out of his / her own accord, sweet will and without any coercion whatsoever, mental or physical, offered to join the Direct Selling business of the Be Rich Multitrade Solutions India Private Limited (BE RICH INDIA), (registered under the Companies Act, 2013 having Registration No U52100MH2022PTC379867 and Registered Office at House-8, Chintamani Layout, Shivkrupa Nagar, Nagpur, 440037, MH, India
AND WHEREAS BE RICH INDIA is engaged in "Direct selling business" which means marketing, distribution and sale of goods or providing of services through a network of Direct Seller at Multi-levels as per its prescribed Business / Remuneration Program, clearly mentioned on its website www.berichindia.com (Which many 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 Direct Seller, named below along with his/her KYC particulars therein has, after being explained all the provisions of the said Business/Remuneration Program, product details and the present Agreement in the vernacular language known to him by Shri/Smt/Miss , ID No. , duly ascertained and satisfied by visiting the BE RICH INDIA's website: www.berichindia.com, has voluntarily offered to join the business of the BE RICH INDIA and resolved to enter into this agreement, hence this deed
(1) "Act" means the Consumer Protection Act, 2019 (35 of 2019).
(2) "Cooling-off Period" means a period of time given to a participant to cancel the agreement he has entered into for participating in the direct selling business without resulting in any breach of contract or levy of penalty.
(3) "BE RICH INDIA" means the BE RICH INDIA which sells or offers to sell goods or services through Direct Seller and not engaged in a Pyramid Scheme or money circulation scheme.
(4) "Consumer" shall have the same meaning as provided under definition clause 7 of the Consumer Protection Act, 2019.
(5) "Network of Direct Selling", means a network of Direct Seller at different levels of distribution, who may recruit or introduce or sponsor further levels of Direct Seller, who they then support.
(6) "Direct Selling" means marketing, distribution and sale of goods or provision of services through a network of sellers, other than through a permanent retail location.
(7) "Goods" means goods as defined in the Sale of Goods Act, 1930 and "Service" means service as defined in the Consumer Protection Act, 2019.
(8) "Saleable", in relation to goods or services, means unused and marketable goods or services which have not expired, and which are not seasonal, discontinued or used for special promotion.
(9) "Direct Seller" means a person authorized by BE RICH INDIA through a legally enforceable written contract to undertake direct selling business on principal-to-principal basis (Herein referred as Direct Seller).
(1) BE RICH INDIA hereby declares that it is fully compliant to the Consumer Protection Act, 2019, Consumer Protection (Direct Selling) Rules, 2021, Legal Metrology Act, 2009, E-commerce Rules, 2009 and all other Rules and laws applicable to an Indian Direct Selling company
(2) BE RICH INDIA assures and Direct Seller agrees that this Agreement has no provision that a he/she will receive remuneration or incentive for the mere recruitment / enrolment of new participants.
(3) The BE RICH INDIA also assures and the Direct Seller agrees 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.
(4) BE RICH INDIA also assures and Direct Seller agrees 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 in the BE RICH INDIA's direct selling business.
(5) That Direct Seller here in assures that he/shehas ascertained from the Be Rich India Business Plan provided by BE RICH INDIA or read and understood on BE RICH INDIA website, www.berichindia.com (The same many be read as part and parcel of this 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 Direct Seller are calculated only and only on the basis of effective sale, marketing and distribution of products and in no way on the basis of recruiting / sponsoring / introducing another Direct Seller.
(6) Cooling Off Policy: That BE RICH INDIA allows or provides to the Direct Seller a reasonable cooling off period in accordance with clause 3 (b) of the Rules, as per Cooling Off policy available on its website www.berichindia.com and also annexed herewith (which maybe read as part and parcel of these covenants as the same is not being reproduced here for the sake of brevity.
(7) Buyback Policy: That BE RICH INDIA allows or provides for a buy back or repurchase policy for "currently marketable" products sold to the Direct Seller at the request, as per "Buy-back Mechanism", available on its website www.berichindia.com and also annexed with (which maybe read as part and parcel of these covenants as the same is not being reproduced here for the sake of brevity.)
(8) That Direct Seller here in agrees that BE RICH INDIA has established a "Grievance Redressal Mechanism"for them to redress their grievances and complaints, available on its website www.berichindia.com and also annexed here with ( which may be read as part and parcel of these covenants as the same is not being reproduced here for the sake of brevity.)
(9) BE RICH INDIA herein declares and the Direct Seller herein accepts that BE RICH INDIA does not require, invite or solicit a Prospect or enforce Direct Seller to invest money in any form whatsoever to participate in its Direct Selling business. The Direct Seller shall however be required to bear the cost of products purchased by him / her and does not include any provision that the Direct Seller herein will receive compensation for the recruitment of other participants to participate. Direct Seller will receive compensation derived only and only from the sale, marketing and distribution of products, in accordance with the business/Remuneration Program provided and prescribed by the BE RICH INDIA, to which the Direct Seller hereby agrees to whole of this covenant in letter and spirit.
(10) That the Company will provide all support to the Direct Seller in delivery of the products through Franchisee/Pick-up centers / Courier Service for maintaining effective support system.
(11) That for appointment of 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 Contact Act, 1872 and wish to become an Associate of BE RICH INDIA, may apply to be appointed as Direct Seller for marketing and selling of company's product on pan India basis, in prescribed form through online method.
A. Fill the application form online and upload self-attested scanned KYC documents.
B. Accept the terms and condition of this Agreement by clicking on "I AGREE AND ACCEPT" button below.
C. On the completion of the above process, the Direct Seller should take a printout of this agreement.
D. Upon the execution of this agreement and after the verification of all the KYC documents uploaded through the above process, the applicant maybe accepted as Direct Seller and a Unique Identification number and password shall be allotted, to allow him / her to log on to access his/ her own personal account maintained by the company on its website/Be Rich INDIA App.
E. That the Direct Seller shall submit the following self-attested documents in hard copy to BE RICH INDIA within SEVEN 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 AND ACCEPT" button at the bottom of these presents (agreement)
F. That the BE RICH INDIA upon scrutiny and verification of the Application and KYC particulars may re-consider its decision and reject application, to which the Direct Seller hereby agrees. BE RICH INDIA 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, modified. Forged or not conforming to Government guidelines prescribed for this purpose.
G. That the KYC shall include but not limited to verified proof of address, proof of id BE RICH INDIA, 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.
H. The Direct Seller 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/they is/are neither in litigation nor convicted by any court of law in preceding five years" of the date of joining the BE RICH INDIA's business herein.
(12) Scope of the Work:
a. That the Direct Seller shall market, distribute and sell the products of BE RICH using word of mouth publicity, display and demonstration of the products, distribution of pamphlets, and door to door selling to consumers and prospective Direct Seller.
b. That BE RICH INDIA shall be exclusive owner of its name and logo. The Direct Seller shall not use the trademark, logo type and design anywhere without prior written permission from BE RICH INDIA. This permission, if given, can be withdrawn at any time by BE RICH INDIA. Violations if any shall be termed as violation of this agreement and much result in termination of this agreement and Be Rich India ID of the Direct Seller, penal actions under the prevailing IPR laws and Rules at the sole discretion of the BE RICH INDIA, to which the Direct Seller herein agrees.
c. That the Direct Seller shall not manipulate, alter, amend, add or delete any provisions of BE RICH INDIA, herein Business Plan, pricing of products, BP points etc., in any way whatsoever and shall not send, transmit or otherwise communicate any messages to anybody on behalf of the BE RICH INDIA, contrary to BE RICH INDIA's policies, principal, instructions and prescriptions without prior written authorization and permission for the same by BE RICH INDIA.
d. That the Direct Seller will get specified percentage / points-based Incentives pertaining to the sales for selling the Be Rich India's products directly or indirectly under this Agreement.
e. That BE RICH INDIA hereby covenants that it shall provide to Direct Seller with complete instruction book(s), catalogues, pamphlets for promoting sales, marketing and distribution and shall provide mandatory orientation training without profit and margins or added BP.
f. That BE RICH INDIA shall issue BE RICH INDIA photo ID cards template to Direct Seller of which they can use the printed form. This BE RICH INDIA photo ID card shall be void at the expiry / termination / revocation of this agreement and/ should not be misused in any way or form whatsoever. The BE RICH INDIA ID card shall contain the Name & Unique ID number (FSSAI Number, if applicable) of the Direct Seller.
g. Direct Seller will not be authorized to collect any type of cash/cheque/ demand draft in his own name, on behalf of BE RICH INDIA. All cheques / demand drafts etc. should be drawn in the name of the BE RICH INDIA only and the same should be deposited with BE RICH INDIA's office or other offices as many be specified by BE RICH INDIA, within 24 hours of the time of receipt. Direct Seller. Upon failure to deposit the said cash collection / cheque / DD, shall be liable to pay damages / compensation and Mesne-profit, if any. The receipt / invoice issued by BE RICH INDIA only would be valid documentary evidence in the hand of the consumer. It means Direct Sellerwould not be authorized to issue any receipt / invoice on behalf of the BE RICH INDIA.
h. That BE RICH INDIA may open following facilities for sale of its products:
i. That a Direct Seller is not authorized to sell any product of BE RICH INDIA herein on-commerce platform / marketplace., without prior written consent, permission or authorization of BE RICH INDIA herein Direct Seller is also prohibited from listing, marketing, advertising, promoting, discussing, or selling any product, or the business opportunity on any website or online forum that offers auction as a mode of selling.
j. Sales Incentives/Commission Structure or other Benefit - That the Direct Seller shall enjoy the following privileges:-
k. That BE RICH INDIA shall provide accurate and complete information to prospective and existing Direct Seller concerning the reasonable amount of earning opportunity and related rights and obligations.
l. That BE RICH INDIA shall pay all dues to the Independent Distributor and make with holdings, if any, in a commercially reasonable manner.
m. That BE RICH INDIA does not require a Direct Seller to maintain an office or establishment in furtherance of his/her entrepreneurship and if anassociate does so then he / she himself/herself will be responsible to bear such expenses and BE RICH INDIA will in no way be responsible to refund or reimburse the same.
n. That Direct Seller covenants with the BE RICH INDIA that it will exclusively engage in the sale of the BE RICH INDIA products and shall not indulge in the sale of similar/identical products. If found so, BE RICH INDIA reserves the right to deactivate his/her ID
o. That Unique Identification Number will have to be quoted by the Direct Seller in all his/her transactions and correspondence with the BE RICH INDIA. The Unique Identification Number once allotted cannot bealtered at any point of time. That No communication will be entertained without Unique Identification Number and password. Direct Seller shall preserve the Unique Identification Number and Password properly as it is must for logging on to website.
p. That the Direct Seller shall be faithful to BE RICH INDIA and shall uphold the integrity and decorum to the BE RICH INDIA and shall maintain good relations with other Direct Seller and customers also.
q. That Direct Seller shall abide with policies, procedures, rules and regulations prescribed by BE RICH INDIA as well as all laws, rules, regulations, directives and Guideline issued by Government of India, a State Government, a Local body, a Court of Law and local administration, from time to time. Direct Seller 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.
r. That Direct Seller shall be liable to produce/show/explain the BE RICH INDIA Business Plan to the prospects as has been received by him/ her. If BE RICH INDIA notices that the Direct Seller is working in a way not permitted/authorized, then the BE RICH INDIA shall have exclusive power to terminate or bar him / her from Direct Seller-ship after giving a show cause notice.
s. That Direct Seller cannot conduct or announce personal level business promotion activities by offering cash rewards, trips, valuables, etc.
t. That Direct Seller is personally liable for delivery of goods to its customers. He is also liable to collect products from where it reaches last by the transporter.
u. That Direct Seller shall not use or advertise on social media any business promotion material, not authorized or approved by BE RICH INDIA and if he/she does so then he/she shall solely be responsible for the consequences.
v. That the Direct Seller is prohibited from mentioning / posting / telecasting any inappropriate or defaming content about BE RICH INDIA, 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 BE RICH INDIA reserves rights to initiate appropriate legal action against him / her.
w. That only one Direct Seller-ship code shall be issued on one Pan Card.
x. That the Direct Seller hereby undertakes not to compel or induce or mislead any person with any false statement /promise to purchase products or to become Direct Seller
y. All statutory changes will be in force with immediate effect or as per the law prescribed.
z. Any notice or correspondence/s addressed and sent to the address, E-mail ID and Mobile Number mentioned in the Application Form for registration as Direct Seller by registered AD post or a Courier Service or E-mail or Whatsapp message shall be construed as legally delivered to the addressee. However, it is advisable that every Direct Seller shall immediately inform the BE RICH INDIA about the change in his / her address, E-mail ID and Mobile Number failing Direct Seller's non-deliverance claim shall not be tenable at any cost whatsoever.
aa. The term of this agreement is at will, subject to earlier termination in accordance with this agreement or in accordance with law. If this Agreement is terminated for any reason whatsoever, the Direct Seller understands that his / her right to sell the products and receiving incentives with respect of his/her activities as Direct Seller will cease immediately. BE RICH INDIA reserves the right to terminate this agreement if any condition(s) of this Agreement are violated by Direct Seller.
bb. Limitation of Action: If a Direct Seller wish to bring an action against BE RICH INDIA 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 BE RICH INDIA. Direct Seller waives all claims that any other statutes of limitations apply.
cc. Direct Seller herein declares that neither he has been convicted nor faced any litigation or has been declared Bankrupt by a competent court of law during the five years preceding to entering into this contract agreement.
dd. Indemnification: That Direct Seller agrees to protect, defend, indemnify and hold harmless to Company and its employees, officers, directors, agents orrepresentatives from and against any and all liabilities, damages,fines, penalties and costs (including legal costs and disbursements)arising from or relating to:
ee. Relationship: That Direct Seller understands that he/she is an independently owned business BE RICH INDIA and this Agreement does not make him/her, BE RICH INDIA employee, associate or agent or legal representative of the BE RICH INDIA for any purpose whatsoever. 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 BE RICH INDIA or to bind the it in any manner whatsoever. In case, a 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.
ff. Suspension, Revocation or Termination of agreement:
gg. Actions pursuant to Suspension/Blocking/Termination of this Agreement: That notwithstanding any other rights and remedies provided elsewherein the agreement, upon termination of this agreement:
hh. Governing Laws and Regulations
ii. Dispute Settlement Direct Seller 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 BE RICH INDIA 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 of Nagpur, Maharashtra
jj. Force- Majeure That if at any time, during the continuance of this agreement, theperformance in whole or in part, by BE RICH INDIA, 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 ordirection from Statutory Authority, explosion, epidemic, quarantinerestriction, strikes and lockouts, fire, floods, naturalcalamities/Disaster or any act of God (hereinafter referred to asevent), neither party shall, by reason of such event, be entitled toterminate the agreement, nor shall either party have any such claimsfor 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 anend or ceases to exist.
kk. Direct Seller hereby covenants as under:
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