Kuhu das
- 1. TERMS & CONDITIONS FOR DIRECT SELLER 1/4 M/s Fashion Suitings Pvt. Ltd., a Company incorporated under the Companies Act, 1956, and having its Registered Office in Bhilwara, Rajasthan, running business in the name and style as RCM, hereinafter referred to as The Company. The Company is engaged into the business of direct selling through multi level marketing and in other business activities as stated in the Object Clauses of memorandum of Association of the Company. For smooth running the business of direct selling, Company has certain rules and regulation, marketing plan and other terms and conditions. Now in order to simplify more, to keep more transparent, to control the fraudulent practices and for betterment of the activities of direct selling through multilevel marketing, Company is modifying its marketing plan, terms and conditions and other rules and regulations w.e.f. 1st Nov. 2012. The Company exclusively uses their website to display the details of the products, marketing methods, business monitoring, while uses the word of mouth publicity to promote and create awareness about the website and its products. The Company does appoint Direct Seller across the country of India for marketing and sale of the products. Interested individuals (Indian Citizens only), if wish to become Direct Seller of the Company, can apply for the same in prescribed form. Filling each & every column is mandatory. There is no deposit or any charges for becoming a Direct Seller of the Company. Before filling the application form, the intending Direct Seller shall go through the terms and conditions herein below thoroughly and if agreeable to the terms and conditions shall append their signature in the column provided hereunder as token of their acceptance. Definitions:- The following words used in these presents shall have the meaning as defined here under; a. Direct Selling Means marketing or sales of goods directly to the end user consumer using word of mouth, publicity, display and/ or demonstrations of the goods/products, and/or distribution of pamphlets. b. Direct Selling Entity/Company Means a Company namely M/s Fashion Suitings Pvt. Ltd. having its registered office at Bhilwara, Rajasthan and running its main business in the name and style of RCM. c. Direct Seller Means a person competent to enter into contract as per Indian Contract Act, and who is authorised by the Company to engage into the business of Direct Selling. d. Consumer Means who buys goods or services for personal (self) use and not for resale or commercial purpose and shall have the same meaning as provided under the Consumer Protection Act, 1986. e. Goods / Products Means goods/products defined in the Sale of Goods Act, 1930 and section 3(26) of the General Clauses Act, 1897, is that, it shall include every kind of movable property other than actionable claims and money. f. Sales incentive Means amount of incentive payable to the Direct Seller for effecting sale of goods /products as stipulated in the contract between the Direct Seller and Direct Selling entity. g. Unique ID /Track ID Means unique identification number issued by the Company to the Direct Seller as token of acceptance of his/her application for Direct Selling of the goods/ products of the Company. h. Password Means unique code allotted to each Direct Seller to allow them to log on to the website of the Company. i. Website Means official website of the Company www.rcmbusiness.com. I. THE APPOINTMENT AND UNDERSTANDING a. The Company upon scrutiny and verification of the Application may consider the Applicant as Direct Seller for Direct Selling the goods/ products of the Company. The Company shall be at liberty to accept or reject his/her application at its discretion. b. The Direct Seller shall enjoy the following privileges:- i. Incentive for effecting sale of goods /products of the Company as per marketing plan, ii.No territorial restriction to sale the goods/products, iii. Search and inspect his/her account on website of the Company through his/her password awarded by the Company. iv. Earnings of the Direct Seller shall be in proportion to the volume of sales done by the Direct Seller by self or through team as stipulated in the marketing plan of the Company. c. An individual, upon appending his/her signature at the bottom of these presents, shall be deemed to have accepted the terms and conditions stipulated herein and upon appointment after scrutiny of the application shall become the direct seller of the Company . Allotment of password and ID shall be construed as appointment as direct seller. The applicant hereby covenants that as under : i. That he/she has clearly understood the marketing methods/plan, the compensation plan, its limitations and conditions and he/she is not relying upon any representation or promises that is not set out in these terms and conditions or other official printed or published materials of the Company. ii. Relation between the Company and the Direct Seller and all his/her activities here under shall be governed in addition to this agreement, by the rules / procedure contained in the marketing plan, available on website. The Direct Seller confirms that he/she has read out all the terms & conditions thereof and agrees to be bound by them. iii. Shall act as a freelance body and shall not commit any misfeasance or malfeasance to create any liability/obligation over the Company of whatsoever nature. iv. Direct Seller is not an Agent, Employee or any other Legal representative of the Company or its service providers. v. Any payment received by the Direct Seller from any person declaring that the amount is being received for and on behalf of the Company shall not be deemed to be received by the Company. Direct seller is not authorised to receive any money for and on behalf of the Company.
- 2. vi. Direct Seller, hereby declare that all the information furnished to the Company are true and correct. Company shall be at liberty to take any action against the Direct Seller in the event, it is discovered that the Direct Seller furnished any wrong/false information to the Company. II. GENERAL TERMS i. The Company may appoint any Third Party for Collection/distribution services. Direct Seller is required to visit the Companys official website from time to time to know such appointment and avail facilities such as walk in to their outlets and make payment and collect valid receipt and products from them. ii. The Direct Seller will be eligible for facilitation fees or income, as per the volume of sale of Products/Business done by him, subject to the eligibility norms formulated by the Company from time to time. The Company does not guarantee/assure any facilitation fees or income to the Direct Seller on account of becoming just a mere Direct Seller of the Company. iii. Track ID has to be quoted by the Direct Seller in all his/her transactions and correspondence with the Company. The track ID once chosen cannot be altered at any point of time. iv. No communication will be entertained without unique ID and password. Direct Seller shall preserve the ID and Password properly as it is must for logging on to website. v. Commission/income to the Direct Seller shall be subjected to statutory deductions as applicable. vi. The Company reserves its right to withheld/block/suspend the Direct Seller in the event the Direct Seller fails to provide any details as desired by the Company from time to time including but not limited to Pan card details. vii. Processing charges and any other applicable charges will be deducted as per the Company's norms. viii. Direct Seller undertakes to adhere for policies, procedures, rules and regulations formed by the Company. ix. The Direct Seller shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other Direct Seller and other clients also . x. Company reserves the rights to modify the terms and conditions, products, plan, business and policies with/without giving prior notice. Such notice may be published through the official website of the Company, and any such modification/amendment shall be applicable and binding unto the Direct Seller from the date of such notice. xi. In case of death or loss of contractual capacity of Direct Seller, his/her nominee or legal heir shall become the Direct Seller of the Company and he/she shall also abide by all rules and regulations, terms and conditions etc., in the same manner as original Direct Seller was being abide/ supposed to abide . xii. Direct Seller shall comply with all state and central government and local governing body laws, regulations and codes that apply to the operation of their RCM business. Direct Seller must not engage in any deceptive of unlawful trade practice as defined by any central, state or local law or regulation. xiii. Direct Seller shall not manipulate the RCM marketing plan or product's rate, B.V. etc., in any way. xiv. Direct Seller shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company otherwise than for authorisation for the same. xv. Direct Seller and/or any other person is strictly prohibited to use Business Promotional Material, other than Business Promotional Material developed and/or authorised to develop by the Company. xvi. Direct Seller shall not use the RCM trademark, logotype and design anywhere without written permission from the Company. This permission can be withdrawn at any time by the Company. xvii. All the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Direct Seller for meetings and seminars conducted by Direct Seller. III. PROHIBITIONS i. Direct Seller or his/her relatives (relative means dependent son or daughter, father/mother, spouse) shall not engage in any activities of Multi Level Marketing of any other entity. If it is found then such Direct Seller shall be terminated. ii. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling any product, or the business opportunity on any website or online forum that offers like auction as a mode of selling. iii. The Direct Seller hereby undertakes not to compel or induce or mislead any person with any false statement /promise to purchase products from the Company or to become Direct Seller of the Company. IV. DUTY AND CONFIDENTIALITY Parties Shall: i. Keep the Confidential Information secret and confidential and not disclose any of it to any person other than persons who reasonably need to know the same for the Purpose. V. SPECIAL CONDITIONS Notwithstanding anything stated or provided herein, the Company shall have full powers and discretion to modify, alter or vary the terms and condition in any manner whatsoever they think fit and shall be communicated through official website or other mode as the Company may deem fit and proper. If any Direct Seller does not agree to be bound by such amendment, he/she may terminate this agreement within 45 days of such publication by giving a written notice to the Company. Without submission of the objection for modification etc., if Direct Seller continues the Direct Selling activities then it will be deemed that he/she has accepted all modifications and amendments in the terms & conditions for future. VI. TERMINATION Company may terminate this agreement for any reason not limited to; (A) Pursuant to the provision to the marketing plan. (B) For reason of non-performance. (C) Any unethical and pre judicial work to the interest of the Company. (D) For the breach of any terms and conditions of this agreement and marketing plan. (E) Information given by Direct Seller found wrong/false. (F) In convicted of an offence punishable by a prison term. (G) Is declared bankrupt. 2/4
- 3. (H) Is not mentally sound to handle the business. (I) Migrate to other country. Termination of a Direct Seller means termination of (A) All rights and entitlements as a RCM Direct Seller. (B) Personal information given on website. (C) Identification as a RCM Direct Seller. (D) Right to go at any RCM office and attend RCM meeting . The Direct Seller may terminate this agreement at any time by giving a written notice to the Company. VII. RENEWAL/AGREEMENT PERIOD Direct Seller authorisation shall expire at the end of twelve months from the date of acceptance of application form for Direct Seller by the Company. In order to keep continuity as Direct Seller of RCM for further period, Direct Seller must annually renew his/her authorisation of RCM Direct Seller on or before the expiry period. Renewal application is available on RCM website in personal information. Direct Seller has to apply for renewal through login his/her personal information. Company reserves the right to refuse any renewal request and can revoke any Direct Seller renewal application if, in Companys opinion, the Direct Sellers activities have not been in accordance with the interest of RCM or if the Direct Seller did not comply with any of the rules, procedures, terms and conditions etc., during the twelve preceding months. The agreement of Direct Seller will automatically finish in case of non-compliance of renewal formalities VIII. FORCE MAJEURE The Company shall not be liable for any failure to perform its obligations where such failure has resulted due to Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, any type of redirection by Government (Central and / or State), Local Authority etc. IX. RECOURSE AND LEGAL APPLICABILITY i.The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Disputes, if any, shall be subject to the exclusive jurisdiction of the courts in Bhilwara, Rajasthan. ii. If any dispute or difference arises out of or in relation to these presents, the same shall be referred to sole arbitrator appointed by the Company. Direct Seller shall not raise any objection, in case the Arbitrator so appointed by the Company is related/associated with the Company in any manner whatsoever. Arbitration in such event shall be conducted as per Arbitration and conciliation Act, 1996 as amended from time to time. Venue of such Arbitration shall be in Bhilwara and the language shall be English. RCMs liability, whether in contract, tort or otherwise arising out of or in connection with the agreement and/or relationship arising there from shall not exceed the lesser of a) actual damages or loss assessed by the arbitrator or any other dispute resolution mechanism adopted by the parties or; b) the total commission earned by the Direct Seller during preceding six months of the date of dispute. Read over by me/ to me and agreed by me on (Date) ............................................................................ Name: Signature: Declaration/Affirmation I,..aged..years, S/o. d/o w/o . ... house, post,..street,,Teh................................................. District. state do here by Solemnly affirm and declare as follows: 1. That I have read and understood the terms and conditions for appointment of Direct Seller of the Company. 2. I have also gone through the Company's official website, printed materials, brochures and convinced about the business and I have applied to appoint me as a Direct Seller on my own volition. 3. I declare that I have not been given any assurance or promise by the Company or its Direct Sellers as to any income on account of the product purchase made by me. However I am made to understand that I will be required eligible for income/facilitation fees depending upon the volume of business done by me, as per terms and the Company reserves the right to change the Business Plan at any point of time. 4. I undertake not to misguide or induce any one dishonestly to join the Company. 5. I hereby agree and adhere to the terms and conditions as stipulated along with the application form and as mentioned above to agree to purchase the product as Consumer/to do the Direct Seller activities. 6. I hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the Company. In witness whereof I hereto have signed this Declaration/Affirmation on (Date) .. ,in presence of the following witnesses. (Signature) (Name of applicant) Witnesses: 1) Name ___________________________ Signature 2) Name __________________________ Signature 3/4 Signature of applicant on each and every page is mandatory.
- 4. FASHION SUITINGS (P) LTD. RCM WORLD, SPL-6, RIICO Growth Centre, Post-Swroopganj - 311025, Via- Hamirgarh, Dist-Bhilwara(Raj.) Email : info@rcmbusiness.com Visit : www.rcmbusiness.com APPLICATION FORM TO BECOME DIRECT SELLER Registration No. : 17-04383/1988-89 APPLICANT INFORMATION Ref. Number 1301433878 Applicant Name JAGADISH PURKAIT Father's / Husband's Name CHITTARANJAN PURKAIT Nominee Name INDRAJIT PURKAIT Applicant DOB Nominee DOB Pan No. 05/01/1983 28/02/1993 BKBPP5806M House No./Location VILL-CHAKSUBUDDHI State WEST BENGAL District SOUTH 24 PARGANAS Tehsil MANDIRBAZAR Post SIDDHESWARPUR City KOLKATA PinCode 743336 Mobile No. 1 8158980486 Mobile No. 2 - Phone No. (R) - Phone No. (O) - Email id - Bank Name - IFS Code - Bank A/C No. - Branch Code - Sponsor No. 1301146729 Sponsor Name KUHU DAS Declaration:- I do hereby declare and confirm that, I have understood the marketing plan, terms and conditions and agreed to be abide by these. Date: Signature