10.01 Company’s Employee Prohibition
Employees of the Company and their immediate family members (for example spouse, mother, father, brother, sister, etc.) who are domiciled at the same household as the employee are prohibited to take part in the Business Plan. Breach of this policy shall be deemed serious, and could result in the dismissal of the employee and the removal of his / her entire network to the credit of the company. Independent Distributors being transferred to a paid position or taking up an employment with the company shall, prior to their acceptance of the employment, file ownership transfer notice to the company and give up their ownership rights and privileges of their Independent Distributorship.
To the extent permitted by law, the Company shall not be liable for, and each Independent Distributor releases the company from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Independent Distributor as a result of:
- (a) The breach by another Independent Distributor of his / her agreement, any term or condition of the SPPM, and / or the Business Plan.
- (b) The operation of other Independent Distributor’s business.
- (c) Any inadvertent, incorrect or wrong data or information provided by the Company.
- (d) The failure to provide any information or data necessary for Independent Distributors to operate their business, including, without limitation, the marketing and promoting of products of the company and / or the introducing or referring persons as customers / Independent Distributors to the company.
10.03 Force Majeure
The Company shall not be responsible for delays or failure in performance caused by circumstances beyond the Company’s control, such as strikes, labor difficulties, fire, war, government decrees or orders.
It is the obligation of every Independent Distributor to abide by and maintain the integrity of the SPPM. If an Independent Distributor observes another Independent Distributor committing a violation, he / she should discuss the violation directly with the violating Independent Distributor. If the Independent Distributor wishes to report such violation to the company, he / she should provide details of the violation in writing or thru official company website at www.smartwayindia.in
and mark the correspondence “attention: grievance committee.
If the Business Plan of the company is amended, it will be informed to the Independent Distributors and above in General meetings. Changes of Business Plan will be live on website on immediate basis and Brochures / Leaflets will be distributed among the Independent Distributors. Such notice may be provided at any time by posting the changes to the Smartway Web Site (www.smartwayindia.in
) or the Service itself. Smartway shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in the Company literature and communication.
10.07 Telephone Listing
Independent Distributors are not permitted to use the Company’s trade name in advertising their telephone and telecopy numbers on materials not produced and approved by the Company without first obtaining the prior written approval from the Company’s Legal Affairs Department.
10.08 Display of Company Products
The integrity of the Business Plan is too built upon person-to-person, one-on-one and in-door presentation methods of sale. Independent Distributors shall not knowingly sell any company product to, or display any company product, company name, trademarks, literatures, or promotional materials at any retail outlet, including, but not limited to, supermarkets or food stores, flea markets or swap meets, permanent restaurant displays, bars or nightclubs or any such similar establishment, convenience stores or gas stations or any online platform. Exemptions must be approved in writing by the Legal Affairs Department of the Company. Independent Distributors may promote the Business Plan at their office, fairs and trade shows on the condition that it is not shown or displayed with any other plan with any direct selling company or networking company.
10.09 Fax Blasts and Spamming
Fax blasting and unsolicited emailing (spamming) is prohibited.
10.10 Legal Conformity
Any tool or presentation technique used by an Independent Distributor whilst promoting the company’s business concept, products and / or the Business Plan must be within the scope of an Independent Distributor’s rights in his / her respective country / state / province. It is the Independent Distributor’s responsibility to ensure that any statements made, or any demonstration techniques performed, are, in fact, lawfully permitted in his / her country / state / province. If a special license or professional degree is required in a certain location to legally make such statements or perform such presentations, or to conduct business, then it is the Independent Distributor’s responsibility to secure the necessary license, degree or permit.
10.11 Indemnity Agreement
Each and every Independent Distributor shall indemnify and hold harmless the company, its shareholders, officers, directors, employees and associates from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Independent Distributor:
- (a) Activities as Independent Distributor.
- (b) Breach of the terms of the Agreement.
- (c) Violation of or failure to comply with any applicable laws, regulations or rules.
10.12 Non-Waiver Provision
No failure of the Company to exercise any power under the SPPM or to insist upon strict compliance by Independent Distributor with any obligation or provision herein, and no custom or practice of the parties at variance with the SPPM, shall constitute a waiver of the Company’s right to demand exact compliance with the Agreement and / or the SPPM. The Company’s waiver of any particular default by an Independent Distributor shall not affect or impair the Company’s rights with respect to any subsequent default. Nor shall it affect in any way the rights or obligations of any other Independent Distributor. no delay or omission by the company to exercise any right arising from a default affect or impair the company’s rights as to that or any subsequent or future default. Waiver by the company can be affected only in writing by an authorized officer of the company. A person is solely responsible for properly cancelling your account. And email to firstname.lastname@example.org
for your verified registered email id will be used to cancel your account. Account information cannot be recovered once your account is cancelled. If you cancel your service you will receive a product worth of unused portion of the amount. Cancel your product and refund the money only once we receive the return courier of the product.
10.13 Complaint and Grievance
Upon receipt of a written complaint the Smartway Compliance Department will investigate the matter review the applicable policies and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions. Smartway Compliance Department’s decision shall be final and binding on the Independent Distributors to the dispute.
10.14 Governing law
This agreement, the SPPM, the terms and conditions of Application / Registration Form Product purchase and the Business Plan shall be governed by the laws of Republic of India.
10.15 Jurisdictions and Arbitration
Any dispute, controversy or claim arising from or in connection with the Agreement, the SPPM and / or the Business Plan or the breach, termination or invalidity thereof (herein after referred to as the “Matter”) shall first be sought to be resolved amicably between the Independent Distributor concerned and the Company.
If the Independent Distributor and the Company cannot resolve the Matter within sixty (60) days from the date the Matter was first brought to the attention by one party to the other, the Matter shall be referred to and finally resolved by arbitration administered by the Smartway India Enterprises LLP, Delhi, India. The place of arbitration shall be Delhi, India. The arbitration proceedings shall be conducted in the English language.
10.16 Entire Agreement
The Agreement, the SPPM and the Business Plan together constitute the entire Agreement between an Independent Distributor and the Company.
If at any time any provision of the Agreement and / or SPPM becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of the Agreement and / or SPPM under the law of that or any other jurisdiction, nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.
10.18 Notices and communication
Each notice, demand or other communication to be given or made under the Agreement, the SPPM and / or the Business Plan by the Company to an Independent Distributor shall be in writing and delivered or sent to the relevant party at his / her last known address or email address designated by the Independent Distributor and recorded in the file. Any notice, demand or other communication to the Company shall be sent or delivered to the Network Compliance Department of the Company at its office in Delhi, India or by email to email@example.com
Any notice, demand or other communication so addressed to the relevant party physically shall be deemed to have been delivered after fifteen (15) days it is given or made, provided that, if such day is not a working day in the place to which it is sent, such notice, demand or other communication shall be deemed delivered on the next following working day at such place. In the event of such notice, demand or communication is sent by email, it shall be deemed to have been received by the other party when the email enters the recipient’s mail server without any undelivered message sent back to the sender.
10.19 Company Contacts
Regarding any product issues the company and the customer shall communicate only through the official company email id and contact number
Customer Care Number: +919633606999
Email Address: firstname.lastname@example.org
10.20 Headings and Table of Contents
Headings and Table of Contents in the Agreement, the SPPM and the Business Plan are provided for convenience only and they are not part of those documents. They are not to serve as a basis for interpretation or construction of those documents or as evidence of intention of the parties.
10.21 Gender, etc.
Unless the context otherwise requires, words importing the singular number shall include the plural number and words importing the masculine gender shall include the feminine or neuter gender and vice versa, and references to persons shall include companies and bodies, corporate or unincorporated.
10.22 English Language Prevail
In the event that the Smartway Policy & Procedure Manual (“SPPM”) is translated into another language and there exists any inconsistencies in any provision between the English-language version and the translated version of the SPPM, the English-language version shall always prevail.