Terms and conditions

KULHERA MARKETING PRIVATE LIMITED a company incorporated under the company Act, 1956, here in after referred to as "the company " The company is inter-alia into the business of Direct Selling of various product, Consumer Durables, etc. The company exclusively uses website to display the details of the product, marketing methods, business monitoring, while use the word of mouth public city to promote and create awareness about the company and its products.

The Company does appoint freelance distributed across the country for marketing and sale of product. Such distributorship in granted as privilege to the consumer of its product. Interested individuals/body corporate needs to purchase the product upon hey being satisfied with the quality and service they can become a freelance distributor of the company, if they wish to by applying for the same in the prescribed form.

Before filling the application form, the intending Distributor is advised to go through the term and conditions mentioned herein below thoroughly along with those mentioned in the official website of the company during placing an online order and subject to such term and conditions shall append their signature in the column provided as a token of their acceptance of the term and conditions mentioned therein.

I. MEANINGS

The following words used in these present shall have the meaning as defined hereunder;

1. Company- Means KULHERA MARKETING PRIVATE LIMITED.
2. Consumer-Consumer means individuals who purchase product from KULHERA MARKETING PRIVATE LIMITED
3. Independent Distributor- Independent Distributor is person who is competent to enter into contact as per the Indian Contracts Act provided, such interested person has purchase product from the Company and opted to participate in Business opportunity.
4. He-Shall mean and include Male, female who applies for the Distributorship of the Company.
5. Product & Package -Shall mean and include all the product and suggested bunch of
6. f.
7. the product marketed by the company from time to time.
8. MRP & KSP-Means and includes Maximum Retail price printed over the price tag appended to the product and KULHERA Selling Price in which price consumer and distributor will get products from company.
9. Facilitation Incentive- Facilitation Incentives is the amount/benefit an Independent Distributor may by marketing/referring the product of KULHERA MARKETING PRIVATE LIMITED.
10. Distributor ID-Means unique identification number issued by the Company to the Consumer/Independent Distributor and is issued to Independent Distributor as a token of acceptance of his application seeking for distributorship for the product of the Company.
11. Password-Password means, unique code allotted to each of the
12. consumer/Independent Distributor to allow them to long on to the Website of the
13. Company.
14. Product Code & Package Code- Means and include the defining the product the bunch of package which has decided by company.
15. Website Means website of the Company www.kulhera.com

II.RECRUITMENT AND PERCEPTION

1. The Company upon scrutiny and verification of the Application make consider the Applicant as an “Independent Distributor” for the product marketed by the Company.
2. Independent Distributor shall enjoy the following privileges after such recognition. c. No territorial restriction to market the product, but limited to India.
3. Company shall maintain sales account of the Independent Distributor and shall be made available for inspection through their Website.
4. A Distributor ID and password shall be awarded to facilitate verification of their respective business account.
5. 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.
6. Distributorship may be awarded as a privileged consumer with no deposit and other conditions.

Distributorship is awarded without any commitment/or promise from the company in term of possible earning potentials.

7. The Independent Distributorship,upon appending his signature at the bottom of these presents and confirming through online in the company's website, shall be deemed to have accepted the Distributorship as Independent Consumer and hereby covenants as under:

1. That he has clearly understood the business Opportunity, Marketing Program,
2. The Compensations, Its Limitations and conditions and, he is not relying upon
3. any representation or promises that is not set out in this term and conditions or that officially or printed or published materials of the company.
4. Shall Act as an independent body and shall not commit any misfeasance to create any liability/obligation over the company of whatsoever nature. 3) An Independent Distributor is not an Agent/Employee or any other legal representative of the company or its service provider.
5. He has attained the age of majority and is competent to enter into a contract as provided in the "INDIAN CONTRACT ACT". Necessary proof there of shall be submitted as and when required by the company.
6. Independent Distributor hereby undertakes not accept cash from any new consumer introduced by him for buying the product and discourage his team members from accepting cash from any buyers.
7. Distributors hereby declare that all information furnished to company is true correct. The Company shall be liberty to9 take any action against the distributor' in the event, it is found that the Distributor furnished any wrong/false information to the company's decision will be final.

III.GENERAL ASPECTS

1. The company under no circumstances will accept payment in cash for product sales.
2. The company may appoint Third Party for collection/distribution services. Independent Distributor advised to visit the company official website from time to time know such an appointment and avail facilities such as walk to in to their outlet and make payment and collect a valid receipt and products from them.
3. The Products can be ordered online through our website and the payment in the form of demand draft favoring” KULHERA MARKETING PRIVATE LIMITED”, Payable at FARIDABAD, has to be sent/submitted at our authorized outlets, against which the product/s ordered will be delivered to the purchase/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 'same as to be presented with the ID proof, at the time of product delivery, by the purchaser either while collecting the product from the delivery outlet or while product getting delivered at the purchaser's delivery address.
4. All consumers/Independent Distributors before ordering online or making the payment are advised to physically look and feel the product that are available for demo/display at our locations, as such the images shown in the company's website/printed materials or through, any other mode by the company is only for reference and the actual may vary.
5. Neither it is compulsory nor mandatory to participate in the business plan of KULHERA MARKETING PRIVATE LIMITED purchaser who wish not join business, can take a benefit of discounted product as a consumer. Company take every possible steps to make the purchaser understand about, the company product,policies,etc., and also to make ensure that the purchaser is properly guided to buy KULHERA MARKETING PRIVATE LIMITED product or before entering in to the company Business Opportunity and such purchaser will be termed as "consumer".
6. A consumer who has purchased the product from KULHERA MARKETING PRIVATE LIMITED can choose to join the business opportunity free of cost,which he can do so by confirming from his business center login.
7. The Independent Distributor will be eligible toward facilitation fees or income,as per the point value of sale of product/ 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 distributor on account of becoming just a mere" distributor" of the company.
8. Distributor ID has to be quoted by the distributor ID and password. Distributor shall preserve proberly as it before logging on to website.
9. No communication will be entertained without Distributor ID and password. Distributor shall preserve the ID properly as it is before logging on to website.
10. J. TDS and any other application deductions will be charge to be distributor by the company as per the prevailing norms.
11. Independent distributor undertake to adhere policies, procedures, rules & regulations formed by the company.
12. The distributor shall be faithful to the company and its co-distributor and shall uphold the integrity and decorum of the company and shall maintain good relations with other distributors and other clients. The distributor understand that, the company shall be at liberty to accept or reject his application to become a distributor.
13. m. The company reserve its right to modify the term and condition, product, plans business and policies with/without giving prior notice. Such notice may be published through the official of the company, and any such modification/amendment shall be applicable and binding upon the distributor from the such publication.

IV.PRICES/PAYMENTS

1. a.The Updated product package and their Price lists are available on the company's official website and the amount to be paid (only after complete satisfaction with the description/

2. feature available on the website and if possible, the physical verification of the product can be had by the purchaser by visiting our authorized outlets) by way of Bank Demand Draft favoring "KULHERA MARKETING PRIVATE LIMITED payable at DEHRADUN or through online payment gateway.
3. b. It is mutually agreed between the parties that the Consumer/ Independent Distributor if satisfied about the product package ensure that the amount towards such product should reach the company's branch/authorized outlets within 15days from date of ordering the same online. In case the product purchaser fails to make payment within the aforesaid 15days period of the company, it is up to the company's discretion either to accept the payment on the norms prevailing at that point of time or that this agreement stands terminated and will be deemed as null and void.
4. c. It is mutually agreed between the parties hereto, that the company is at liberty to change modify the quantum of product cost payable under his agreement I in future or provide for additional product and service at such additional cost as may be determined by the company.
5. d. The company offers 30 days money back guarantee, from the date of receipt of payment on certain select product as per the product return policy.
6. e. The product rates and specification is also subject to change and may vary from time to time.
7. f. The company will not responsible for any loss or damage if cause due to any technical error in the web links provided in the website, payment gateway, typographical errors etc

V. PROHIBITIONS

1. a.A Distributor is prohibited from listing, marketing, advertising, discussing, or selling any product, or any business opportunity on any website or online forum that offer like auction as a mode of selling. Please refer to code of conduct of our Distributor Policies and Procedures for complete detail.
2. b. Once a distributorship is terminated, he cannot enter into any of the company premise/,meeting locations and his facilitations fee/his named would we removed and he would not be entitled to receiving any fees going forward immediately.
3. c. The distributor hereby undertake not to campel or induce or mislead any person with any false statement/promise to purchase product from the company or tpo become distributor of the company.

VI ROLES AND PRIVACY

Parties shall maintain confidentiality with respect to company's information including but not limited to company's policies, product details facilitations fees etc., save and expect to the extent that is required for furthering sale of products;

VII.SUPPEME ASPECTS

Notwithstanding anything stated or provided herein, the company its right to modify, alter or vary the term and conditions 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. Difference if any on such amendment shall be expressed/ intimated in writing to the company within 7 days from the date of such amendment. In the absence of receipts of written objection, if any within such stipulated period, all such amendment to the agreement shall be considered as carried with the consent and thereafter any objection/difference shall be considered as waived/surrendered unconditionally.

VIII. TERMINATION

The company reserves its rights to terminate the Distributorship for any reason not limited to the breach of term and stipulated herein.

IX.FORCE MAJEURE

The company shall not be liable for any failure to perform its obligations where such failure has resulted due to act 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 sanction blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity.

X. RECOURSE AND LEGAL APPLICABILITY

1. The term and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the laws in force in India. Disputes, if any, shall be subject to the exclusive jurisdiction of the PALWAL.
2. If any dispute or difference arising out of or in relation to these presents, the same shall be referred to a sole arbitrator appointed by the Company. Arbitration in such even shall be conducted as per the "Arbitration and conciliation Act, 1996" as amendment from time to time. Venue of such Arbitration shall be PALWAL and Language shall be English.

DELARATION/AFFIRMATION

Solemnly affirm and declare as follows:

1. That I have read the understood the term and conditions for "Independent Distributorship" of the company.
2. I have also gone through the company official website, printed material, brochures and convinced about the business and I have applied for the Distributorship on my own volition.
3. I declare that I have not been given any assurance or promise by the company or its senior level Distributors as to any income on account of the product purchase made by me. However I am made to understand that I will be eligible for income/ facilitation fees depending upon the volume of business done by me, as per terms and the Company reserve the right to change the Business plan at any point of time.
4. I undertake not to misguide or induce any one I shall not misguide any one and appraise them the terms and conditions for anyone to become a distributor to join the company.
5. I hereby agree and adhere to the term and conditions as stipulated along with the applications from and as mentioned above to the agree to purchase the product as Consumer/to do the distributorship business.
6. I hereby agree to submit all disputes to arbitration as provided in the term and conditions of the company.