Agreement
These terms and conditions are
construed in accordance with the model guidelines on direct selling issued by
the Govt. of India, Ministry of Consumer Affairs, Food & Public
Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II)
dated 9th Sept., 2016 read with Indian Contract Act 1872 and supersedes any
prior terms and conditions, discussions or agreements between CasCab registered under company act 2013 and direct
sellerCalled First Party.
and
The person / entity who has filed the
online application form available on https://cascab.businessWebsite
(which expression shall unless repugnant to the context or meaning there of be
deemed to mean and include his / her/ their legal heirs, executors,
administrators and assignees of both the parties, Called Second Party.
Whereas the first party is running
product based referral program where profit after selling of product is share
by its members and the second party is willing to work with the first party
after fully compliance of the Indian Contract Act 1872 read with the guidelines
as provided by Govt. of India, Ministry of Consumer Affairs, Food & Public
Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II)
dated 9th Sept., 2016 on the following terms and conditions.
1. That the second party undertakes
that he / she / they are major, capable of taking decision of sound mind and
not being convicted by any court of law. The second party further undertakes
not to use any unethical means against the policies of the CasCab to sale / to refer / to build network.
2. That the first party agrees to
allow the cooling off period in order to cancel the loyalty distributorship and
to receive refund for goods or services purchased and further agrees to allow
buy back / repurchase policy as per the policies of the CasCab .
3. Fmcg like spices etc item is non-returnable due to the nature of the product.
For a Damaged, Defective, Wrong or expired item, you can request a refund or replacement within 5 days of delivery
You will need to share the image of the item and its defects through Your Orders for a refund/replacement.
4. The second party hereby agrees, not
to represent, sell or distribute the products of other party or stockiest, or
any other direct selling Cascab etc.
and will not cater to or sell the product of any other brand other than the
brands or products of the CasCab, mentioned and given / provided by the CasCab during the tenure of loyalty distributorship.
5. The second party hereby agrees that
he / she / they shall carry their identity cards / any other identification
mark given by the first party and shall not visit the prospective consumer’s
premises without prior appointment or approval.
6. The second party hereby further
agrees that at the initiation of the representation without request they shall
identify themselves truthfully and clearly and they will clearly represent the
identity of the first party, nature of the goods along with services sold and
the purpose of the solicitation to the loyalty distributor.
7. That the second party undertakes to
work as per the policies of the Cascab i.e, 1
loyalty Distributorship on 1 PAN card and if the second party violates, the
first party has a right to initiate civil / criminal proceedings against the
second party.
8. The second party hereby agrees he /
she will render accurate and complete explanations and demonstrations of goods
and services, prices, credit terms, payment terms, return policies and terms of
guarantee after sales service or any other policies of the first party.
9. The second party agrees that they
will provide all details of the first party i.e, Direct Selling entity to the
prospective consumer at the time of representing the CasCab and also shall give the description of the goods and services to
be supplied to the prospective consumer.
10. The second party undertakes that he
/ she / they will get the incentives as per the business / marketing plan of
the CasCab / first party.
11. The second party further agrees to
inform about the rights of consumer, in respect of to cancel the order or to
return the product in saleable condition and about the return policy of first
party about the product.
12. The second party further agrees
not to list, market, advertise, promote, discuss or sell any product or the
business opportunity on any website / online portal / mobile application /
online forum / or any other manner that offers like auction as a mode of
selling without the prior approval from the first party.
13. The second party further agrees to
pay all the Govt. taxes (Whatsoever of any kind) as and when applicable and
shall not hold responsible the first party for the same.
14. The second party hereby agrees
that they shall neither mislead to the prospective consumer nor they shall do
false, deceptive or unfair practices including misrepresentation of actual or
potential sales or earnings and advantages of direct selling to any prospective
direct seller, in their interaction with prospective direct sellers.
15. The second party hereby agrees
that they shall not make any factual representation to a prospective direct
seller, which cannot be verified or make any promise which cannot be fulfilled
against the policies of the first party.
16. The second party further agrees
that they shall not present any advantages of direct selling to any prospective
direct seller in a false and or a deceptive manner.
17. The second party hereby agrees
that they shall not knowingly make, omit, engage cause or permit to be made,
any representation relating to the direct selling operation, including PAY PLAN
and agreement between the first party and the second party, or the goods and /
or services being sold by such direct seller, which is false and / or
misleading.
18. The second party hereby agrees
that they shall not provide any literature and / or training material not
restricted to collateral issued by the first party to a prospective and or
existing loyalty distributor, both within and outside the parent Direct selling
Entity i.e. the Cascab , which has not been
approved by the first party.
19. The second party hereby agrees
that, it will be their sole responsibility to sell the products, purchased from
the first party by their skill, ability and personal application, goods /
products once sold, will not be taken back under any circumstances other than
the buyback policy of the first party and this risk of loss and damages shall
sustained by the second party only with their own cost. This risk transferred
to the second party immediately after pick–up of the product on behalf of them
i.e. agent or transport carrier etc, from the first party.
20. The second party hereby agrees to
defend, indemnify and hold harmless to the first CasCab against any liability, losses, damages or costs or any legal
costs, incurred or suffered by the first party as a result of any breach,
negligence act or omission or willful default on the part of them or their
representative arising either directly or indirectly for the performance or non
performance by the second party or any one on behalf of them.
21. The second party hereby agrees to
provide documentary proof of personal identification and address proof, as per
KYC process framed by the first party on its website.
22. The second party hereby
acknowledges that in their relationship with the first party and / or by virtue
of this agreement, they and their employees, shareholders, officers, directors,
principals, agents and contractors (collectively representatives) will be and
shall hereafter continue to be entrusted with confidential information, the
discloser of any of which to competitors of the first party or to the general
public would be highly detrimental to the best interest of the first party.
23. Both parties hereby agree that all
control and monitoring of the practices and methods shall be controlled by the
first party.
24. Both parties hereby agree, in case
of termination of agreement, one month prior written notice to be given to the
either party.
25. Between the parties, it has been
agreed that loyalty distributorship is not transferable under any
circumstances.
26. All disputes, questions or
differences whatsoever which shall either during the substances of the
agreement or after the termination thereof arise the parties hereto or their
respective representatives, touching these presents or the construction or the
application thereof or anything herein contained shall be resolved under Indian
Arbitration and Conciliation Act and / or its statutory amendments,
modifications and re-enactment. The place of arbitration shall be Bhopal (Madhya
Pradesh, India) only.
27. Both the parties have signed this
contract after understanding the contents in their vernacular language with
their free mind, and without any force / pressure whatsoever of any kind. By
clicking the agreed column, the second party undertakes that he / she / they
have read & understood all the terms and conditions, policies and
procedures & Business plan mentioned in Application Form, Contract and the
Compensation Plan and agree to abide by them.
28. The
independent distributor under no circumstances will accept payment in cash from
any consumer for products. Only Cascab head office & branches
has authority to accept it
29. The Cascab may appoint any Third Party for distribution
services. Independent Distributor is required to visit the CasCab website, to
know the CasCab current
updates/offers and avail facilities such as walk in to and make Payment and
collect a valid receipt and products from them.
30. The Products
can be ordered online through our website-www.cascab.business/ and the payment in
the form of demand draft/cheque/pay order favoring "CasCab ", Payable
at Bhopal, has to be sent / submitted at our Cascab branches, against which the product/s ordered
will be delivered to the purchaser/authorized person. If the payment has been
done through Credit Card/Debit Card using payment gateway process or through
Terminal Swiping machine, the same or the front side photo copy of the ID proof
at the time of product delivery or while collecting the product from the CasCab branch or while
product getting delivered at the purchaser delivery address. The Product can
also be purchased through E-Wallet.
31. All
Independent Distributors before ordering online or making the payment are
suggested to physically feel the products that are available for display at our
head office and branches, as shown in the Cascab website / printed materials or through, any
other mode by the Cascab is only for
reference and the actual product may vary.
32. It is not
compulsory or mandatory to participate in the product based referral program of Cascab distributor or consumer who is not willing to
join the business can not claim for profit share. You will however, need to
provide the direct / enroller details (without which products can not be
purchased as such take every
possible steps to make the purchaser understand about the CasCab , products,
policies, etc, and also to make ensure that the purchaser is properly guided to
buy CasCab products or before
entering in to product based referral program Opportunity and such purchaser will be termed
as "Consumer" or “Member”
33. The
Independent Distributor will be eligible towards income, as per the volume of
sale of products subject to norms formulated by the CasCab from time to
time. The Cascab does not
guarantee or assure any income for just becoming a "distributor".
34. Unique ID of
the distributor should be informed for all his transactions and correspondence
with the Cascab . The Unique ID
once generated it cannot be changed at any point of time.
35. No
communication will be entertained without unique ID and password. Distributor
shall preserve the ID properly as it is before logging on to website.
36. TDS and any
other applicable charges will be deducted by the Cascab as per the government norms.
37. Independent
Distributor has to follow all the policies, procedures, rules & regulations
formed by the Cascab .
38. The
distributor should be loyal to the Cascab and he/she will maintain good relationship
with other distributors, consumers or clients. The Distributor understands
that, the Cascab has rights to
accept or reject his application to become a distributor.
39. Company shall maintain sales account of the Independent Distributor and
shall be made available for inspection through their website. There shall be no
specific targets however earnings shall be in proportion to the volume of sales
done by the Independent Distributor by self or through team as stipulated
Distributorship is awarded without any commitment from the company in terms of
possible earning potentials.
40. Shall act as an
independent distributor and shall not commit any misfeasance to create any
liability/obligation over the company of whatsoever nature. An Independent Distributor
is not an Agent/Employee or any other Legal representative of the company or
its service providers, Distributor hereby undertakes not to collect cash from
any distributor or new consumer introduced by him or her not to discourage his
team members from accepting cash from any consumer/buyers
41. The CasCab reserves its
right to modify/change the terms and condition, products, plans, business and
policies with or without giving prior notice. Such notice may be published on
the website of the Cascab , and any such
modification/amendment shall be applicable and binding to the Distributor from
the date of such publication.
42. Profit
Calculation is the internal part of Cascab , and calculation can modify/change any time with
or without giving prior notice.