AGREEMENT- TERMS AND CONDITIONS
DEFNITIONA.“ AGREEMENT “ - Agreement is an application cum registration form to become an DISTRIBUTORS, as defined in section 2(h) of the Indian contract Act,1872 as “an agreement enforceable by law’ including the word ‘Agreement which has been defined in section 2(e) of the Act I,e ‘every’ promise and every set of promises, forming consideration for each other ‘. By entering into this agreement an DISTRIBUTOR (Candidate) acquires non transferrable rights & privileges to market and sale the products as offered by the NEXTGEN TOGETHER GROWING INDIA PVT.LTD., in its allocated territory under the terms conditions of this agreement and bye Laws “BL”.
B. “COMPANY” – Means m/s NEXTGEN TOGETHER GROWING INDIA PVT.LTD.. a company duly incorporated under the Indian companies Act 2013 (18of 2013) having its registered office at HOME MAIN ROAD, JALALPUR ROAD, RAIBAG, BELGAUM , Karnataka -591317. which is into the business of marketing / sales of goods and related services under its own / licensed logo brand/trade name by direct sales or through any other mode here in after referred as COMPANY. The company promoting health and nutrition, life standard, personal care, home use, agro and education courses And Services, these are all called as our products and it’s selling through direct selling model.
C. DISTRIBUTORS - Means who have registered in company and activated their NEXTGEN ID. Have attained the age of 18 & above. being in force to execute this agreement – Distributor can explain about company business plan, products, packages, courses and services to candidate of the company/ society to registration. For execute this agreement on his/her behalf of the company , independently and /with free will binding his/her (Candidates ) own acts and deeds in relation to the business transactions with the company with a commercial intention to earn incentive /commission and /or whatsoever name is called arising out of the sales of products made directly by him/ her or through his/her down lines (group sales) as per NEXTGEN TOGETHER GROWING INDIA PVT. LTD.’s marketing and business plan. NEXTGEN at its sole discretion can change the rate of incentives/commissions by whatsoever name is called at any time during the continuation of this agreement or during any renewed period thereof. Any sales return made by the candidate and by his/her group (down line) shall be treated as deduction of such incentive without any references. The candidate has clearly understood. education courses that is marketing courses of NEXTGEN TOGETHER GROWING INDIA PVT.LTD. EX; spoken English course and etc courses. are not approved by any university and they are not job guaranteed courses. And the organization has not given any false promise that they will provide employment after completing the course. And the organization has not given any false promise that they will provide employment after completing the course. And if any person of the company has lied for his personal gain then the company NEXTGEN TOGETHER GROWING INDIA PVT.LTD. Not responsible or liable.
D. Goods / products or services means all products and other manufacturer / marketed / sold by NEXTGEN TOGETHER GROWING INDIA PVT. LTD. under its own licensed logo and trade name.
E. “Sponsor” shall be (an active existing DISTRIBUTOR to introduce the candidate/prospect) an existing active DISTRIBUTOR of requisite status for introducing the candidate.
TERMSA. This document hereafter referred to as an agreement, executed between Candidate & NEXTGEN.
B. NEXTGEN hereby appoints identified candidate as its for its products and related services and candidates hereinafter referred as DISTRIBUTOR accepts such appointment.
C. No fee is charged to become an NEXTGEN DISTRIBUTOR.
D. This agreement shall become effective on the date of DISTRIBUTOR acknowledges and accepts DISTRIBUTORSHIP of candidate. NEXTGEN at its sole discretion may accept or reject the application without assigning any reason, including incomplete, inaccurate, false or misleading information in the application/ registration form attached to this agreement.
DISTRIBUTOR AGREES THATA. Candidate entered into this agreement as Distributor of NEXTGEN products. Distributor is a one of separate entity, associated purely on the present contractual term caused within free and an independent will neither consumer, and shall have no power of authority to incur any debt, contracts , obligations or liabilities or to make any representation of any warranties on behalf of NEXTGEN TOGETHER GROWING INDIA PVT. LTD.
B. NEXTGEN TOGETHER GROWING INDIA PVT. LTD. shall provide its features, products and promotional offers etc. through personal communication via SMS and phone calls at the registered mobile number of the Distributor, which shall supersede the DND “DO NOT DISTURB” service activated at the registered mobile number of an Distributor.
C. Candidate shall not be an employee or agent of NEXTGEN TOGETHER GROWING INDIA PVT. LTD. or in a partnership relationship with the company or any other labor relationship with us . and NEXTGEN is not offering any kind of job or quick money making plan, rich scheme and does not guarantee any monthly or fixed income.
D. Candidate clearly understands that the candidate is not entitled to get any incentives/sales incentive upon the enrollment of new Distributor by any Distributor and his downline does not impressed by payment of incentive/sales commissions.
E. The candidate shall act as an independent Distributor on his/her own responsibility and for his/her own account while purchasing and selling NEXTGEN products. Candidate declares that at all times his/her acts and deeds shall be to keep –up and enhance the reputation of NEXTGEN. Candidate shall not engage him self in high pressure selling/promoting and will be courteous to the consumer and must all times make best representation of the sales and marketing plan and its products faithfully and without any inducement. Candidate shall not sell any NEXTGEN product for a price more than MRP however Distributor may charge at his discretion, any price that is lower MRP mentioned on the label of all product.
F. The relation and all activities between NEXTGEN and him/her shall be governed by the business law (BL) of NEXTGEN, addition to this agreement, which includes sales and marketing plan, core ethics, product brochures, pdfs & all other booklets as available in the website and or anywhere in company material/booklets etc,( collectively refers herein as bye law BL.) Company may amend any of the term and conditions mentioned anywhere in this agreement , including bye laws through broadcasting such amendments/modifications on its website and or through any other modes of communications/publication whatsoever as company thinks fit and proper and continuation of DISTRIBUTORSHIP stands as a deemed acceptance of such amendments/modifications. If any DISTRIBUTOR does not agree with such amendments applicants may be terminate this agreement within 30 days of such publication/communication by giving a written notice to company. In case of DISTRIBUTOR breach any or all terms and condition as mentioned anywhere inthis agreement and or mentioned anywhere in the bye laws the company possesses unconditional rights to terminate this agreement with or without issuance show cause notice as company may think fit. DISTRIBUTOR clearly understands that in case of any breach of any of the terms and condition as mentioned any where in this agreement bye laws is found(directly or indirectly related with the DISTRIBUTOR or with his/her downline) the company possesses unconditional rights to terminate his/her DISTRIBUTORSHIP with/without issuance of show cause notice. DISTRIBUTOR hereby indemnify Company from all kinds of liabilities which may arise out of his/her acts and deeds, including the deeds and acts of his/her downline.
G. The candidate has understood that the DISTRIBUTORSHIP is free for life long, provided that DISTRIBUTORSHIP requires at least one transaction of sale and purchase in his/her own DISTRIBUTOR ID in a year. Any DISTRIBUTOR who does not accumulate any transaction in his/her own DISTRIBUTOR portal for consecutively One years shall be terminated by the company without issuance any notice. And any DISTRIBUTOR who got termination under this clause can’t claim his/her rights and privilege (which include all benefits bundled with DISTRIBUTORSHIP like incentive, bonus, commissions and others) in any manner whatsoever.
H. Candidate shall comply with all applicable laws, regulation and guidelines (central, state, local) applicable to his/her company business as may be applicable there upon from time to time and agree to obtain/apply all license/ permissions/registration which may be required to run the business as DISTRIBUTOR /Seller. DISTRIBUTOR declares that in case DISTRIBUTOR is prohibited from doing the business as an DISTRIBUTOR under any the enactment of any new Law/statute and/or under any change/amendment made in the present law/statute and or under any change/amendment made in the present law/statutes, DISTRIBUTOR is fully and unconditionally agree to abandoned his/her all rights, claims and others whether or not attached and or bundled with the DISTRIBUTORSHIP.
I. Company reserves the right to recover back any bonus paid to any DISTRIBUTOR under the following circumstances; - product returned under refund policy . – returned to any branch/franchisee under any applicable law or – stolen or obtained by illegal means.
J. The selling price (MRP) of any company product is determined by NEXTGEN and no DISTRIBUTOR shall be allowed to reduce or increase the price including the by way of tempering with the selling price as affixed or decided by company on the label or packing of the product. Breach of the regulation shall result in suspension or termination of DISTRIBUTORSHIP by company.
K. An DISTRIBUTOR shall be held liable and responsible for false claims, misrepresentation, etc. about company business, quality, quantity, content, usage or benefits of products other than those mentioned in an authorized product brochure specified by company and all such acts shall lead to disciplinary action including suspension or termination of DISTRIBUTORSHIP.
L. Application shall not be involved directly or indirectly (including by proxy) in any activities of other direct sales companies or any other activities that will bring negative effects to NEXTGEN. Company reserves the right to terminate any DISTRIBUTOR who commits such offense.
M. The candidate has understood that the candidate and his/her customer can take refund within 30days from the date of purchase of their product (on account of defect and or dissatisfaction) after standard deduction of 20% as handling charges. The products should be in re-saleable condition) a) re-saleable condition means the condition in which the price liable is clean and intact and in good condition. B) The production of the refunded product has not yet stopped. C) The product seal (shrink wrapping) should be unopened. Do the product should have a reasonable shelf (date of expiry) life period OR such an DISTRIBUTOR may get exchange his/her purchased products, within a period of 45 days from the date of purchase as per the condition mentioned in this clause.
COMPANY RIGHTS AND RESPONSIBILITIESA. The company will make its products/related services available to an DISTRIBUTOR and shall pay him/her various commissions as set forth in the bye laws.
B. The company shall comply with its obligations in accordance with the BL and this agreement.
C. TDS as applicable will be deducted by the company from the commissions paid to DISTRIBUTOR as per the income tax rules. DISTRIBUTOR should update their KYC in company website (in his/her portal).
D. Company may terminate this agreement by giving written notice or without any notice for a breach of any terms and conditions of this agreement of BL, non-performance ,violation of provisions of rules of conduct in case of company for any reason arrive at the decision that candidate should not be continued as an DISTRIBUTOR of company.
E. In case of disputes or any losses whether in contract , or otherwise the arising out of this agreement liability of company. Shall not exceeded the lesser of any of these actual damage. Or less by the arbitrator(appointed by the company) and court situated in the Hubli shall possess the jurisdiction.
F. Any dispute arising in the future between the independence DISTRIBUTOR and the company shall be solved by a single arbitrator.
G. products can be purchased by cash from company branch. A receipt and bill will be issued for each private purchase. The company reserves the full absolute right, at any point of time , even without any prior notice to change, vary or amend or modify the NEXTGEN DISTRIBUTORSHIP rules and regulations, BL, core ethics, company sales & marketing plan and any of it’s policies and to suspend or terminate the DISTRIBUTORSHIP for any DISTRIBUTOR or persons and when necessary.. visit website.. www.nextgens.co.in
Shipping policyA. NEXTGEN TOGETHER GROWING INDIA PRIVATE LIMITED. Believes in providing highest level of Distributor satisfaction. We ensure that the Customer/Distributor experience post purchase is smooth, seamless and delightful with respect to the quality and speed of delivery. We also keep our Customer/Distributor appraised about various stages of the order placed: Order Processing, Dispatch & Delivery.
* What are the shipping charges on products?
All individual and team orders above Rs.3,999/- (D.P.) (rates adjusted for C.P.)– Free Delivery
* Courier charges are not refundable.
* How long will it take to receive the ordered products?
We try to ensure that your order reaches you in the fastest time and in good condition.
B. It will take 2-5 working days from the day of order confirmation to process and dispatch the products on serviceable pin codes, given that the process is not delayed due to concerns raised by any Governmental authority or any other entity acting on behalf of the Government or acting as per the directions of the Government. If, in case, the dispatch period exceeds the stipulated time, either due to mishap or unforeseen circumstances, the Distributor/customer will be notified regarding the same. If the Distributor wants to accept the delivery, the order is delivered and if the Distributor/customer wants the order to be cancelled, the refund will be made as per the refund policy.
C. User/customer needs to inform the company within 24 hours of receiving the Delivery Confirmation message/mail about any damages/missing products/wrong products/ wrong deliver message. The company will not be entitled for replacement/redelivery of product(s) under any such events if the user/customer does not respond within the time limit of 24 hours.
D. NEXTGEN TOGETHER GROWING INDIA PRIVATE LIMITED. will not be responsible for non-delivery, wrong or late delivery of an order caused by the provision, by the user/customer, of any incorrect or incomplete Personal Data.
E. NEXTGEN TOGETHER GROWING INDIA PRIVATE LIMITED. reserves the right to reject an order placed at any time if it reasonably suspects that the user/customer is in breach of any of the Terms.
F. The delivery time mentioned on the website is approximate and may vary depending on various factors.
Dear Customer (Distributor) (s) is informed that after reading / agreeing to all the above restrictions this company i.e. NEXTGEN TOGETHER GROWING INDIA PRIVATE LIMITED. This policy indicates that you have ordered/purchased the product's. Also, this policy informs that (BL) legal action organization even knowing all this. More information visit website – www.nextgens.co.in
6. ID card is only for the personal identification of the NEXTGEN DISTRIBUTOR, This id card valid for use only at company office and for it’s authorized business activities. ID card holder is company DISTRIBUTOR, not an employee. Company is not responsible for misrepresentation of the card for any other purpose other than mentioned above.
DECLARATION
Hereby understood and I have completed 18 years age. I agreed to company deducting TDS prescribed Income tax Act 1961. I aware conditions mentioned. I shall become a company DISTRIBUTOR for purchase and promote company products combo. I am happily involving business training and business seminars. Customer Support care -+91 6360023744, Email-info@nextgens.co.in