Agreement is entered into between BIZECTIVEONLINE SERVICES LLP a company incorporated under the Companies Act,
2008 – MCA and having its registered
office at Waranagal (hereinafter referred to as the Company on the one part)
& Any Business Owner/User who purchases the Product of the company, as
detailed below (hereinafter referred to as the Business Owner/Preferred
Customer on the other part)…Jointly addressed as parties.
Business Owner unconditionally submits that he has clearly understood the
constituents of the selected product, the optional marketing plan associated
with it and the compensation/incentives/rewards linked with it and the
conditions and limitations associated therewith. The Business Owner further
unequivocally declares that any reliance on any promise or representation not
contained in this agreement or any formal material of the company would
entirely be at his own cost and risks.
the purposes of this agreement, A Business Owner shall at all times be and
shall act as an independent Business Owner only. Under no circumstances,
whatsoever, the Purchaser shall be deemed to be an agent, employee or
representative of the company. The agreement shall come into force as and when
the Business Owner purchases the product / service online after accepting the
terms and conditions therein. It shall be presumed that the Business Owner has
understood the Terms and Conditions of this Agreement which are detailed herein
DEFINITIONS “Customer” means any
person buying a product on MRP from the BIZECTIVE
ONLINE SERVICES LLP “Preferred
a Business Owner/ Preferred Customer shall be a person who submits an online
application form as per the prescribed format (as displayed by clicking
"CREATE YOUR ACCOUNT" button on our website (www.bizective.com) and
accepts the terms & conditions (Online Legal’s) and receives the purchased
Owner” or “Independent Business Owner” or “Distributor” means a person who
has registered himself through a written contract to undertake direct selling
business. “Prospect” means a person to
whom an offer or a proposal is made by the Direct Seller to join a Direct
Selling Opportunity. Direct
a person appointed or authorized, directly or indirectly, by a Direct Selling
Entity through a legally enforceable written contract to undertake direct
selling business on principal to principal basis. “Agreement” means the completed
Application Form and contract that was submitted by the Business Owner and
subsequently accepted by the Company.“Business” means the direct
selling business and the BIZECTIVE Business Plan “Company” means BIZECTIVE
ONLINE SERVICES LLP., which is a company incorporated under companies Act 2008 having its registered office at H.No:1-170 ,
Vi:Mallampally, Mandal Mulugu , Dist:Warangal ,Telangana State -506343 &
Corporate Office at Flat No 402 , DLN Reddy Nivas , Behind Punjagutta Police
station, Hyderabad , Telangana -500082.“BIZECTIVE
Business Plan” means
the system followed by the direct selling entity to compensate the direct
seller which illustrates the mode of sharing of incentives, profits and
commission, including financial and non-financial benefits, paid by the direct
selling entity to the direct sellers, on a monthly or periodic or yearly basis
or both, as the case may be.“Downline” means the Customers /
Business Owners below a specific Business Owner respectively in the Genealogy
as the context requires. “Upline” means the Business
Owner above a specific Business Owner respectively in the Genealogy, as the
context requires. “Genealogy” means the
relationship or relative positioning of Business Owners in the Company’s
database. “T&C” means the Terms &
Conditions as stated herein. “Products” mean any products
including services, unless the context otherwise requires. “Business
Owner Identification Number” means the identification number that
the Company assigns to the Business Owner when the Company accepts that person
as its Business Owner. Business Owner’s Identification Number is a unique
number for each Business Owner and it will be used to identify that Business
Owner through his / her business relationship with the Company. “Referrer” means a Business
Owner who refers Retail Customers or other Business Owner s by helping them to
become Business Owner s of BIZECTIVE. “Buy
Back Policy” BIZECTIVE provides 15 days period to their Customers
and / or Business Owner to return the product, where goods need to be returned
in marketable position.“Cooling
Off Policy” BIZECTIVE
Business Plan allows the Business Owner to cancel their participation within a
period of 7 days from the date of Contract signing and receive the refund of
goods purchased. “BIZECTIVE
ONLINE SERVICES LLP offers 100%
guarantee to its Customers and / or Business Owners on Product Quality by
offering 15 day Buy Back and Cooling Off Period. 4. HOW
TO BECOME AN INDEPENDENT BUSINESS OWNER (IBO) / PREFERRED COSTUMER. 1.
To become an IBO of BIZECTIVE ONLINE
SERVICES LLP , the individual must be an Indian citizen. He / she must have
attained the age of Maturity and should be competent to enter into a contract
as provided in the INDIAN CONTRACT ACT. Necessary proof thereof should be
submitted as and when required by the Company.
Prospective customers should bear a good moral character and should not
have any past or present criminal background or record.
People who want to be an IBO of BIZECTIVE ONLINE SERVICES LLP must fill
and submit the Registration Form along with self-attested KYC documents as
required by BIZECTIVE ONLINE SERVICES LLP.
Registration in BIZECTIVE ONLINE SERIVES LLP is 100% free.
BIZECTIVE ONLINE SERVICES LLP reserves
the right to accept or reject any application / Registration Form without
having to give any explanation whatsoever.
Once the prospect gets registered with BIZECTIVE ONLINE SERIVICES LLP, the
company allots a Special Code (Business Owner Identification Number) which
allows the customer to purchase and sell BIZECTIVE products as an IBO.
BIZECTIVE COMPANY shall allot only
1 Special Code on 1 Pan Number.
HOW A CUSTOMER CAN BE A DIRECT SELLER?
registering as a Customer with BIZECTIVE ONLINE SERVICES LLP, if a person
wishes to Purchase and sell products of BIZECTIVE ONLINE SERVICES LLP and want to be a
Direct Seller of BIZECTIVE ONLINE SERVICES LLP, he / she needs to:
Activate his / her Code within 7 days of his / her registration date. 2.
To activate the Code, customer needs to purchase any product of his / her
choice from BIZECTIVE Office.
HOW A DIRECT SELLER CAN INTRODUCE A NEW CUSTOMER
Direct Seller engaged in direct selling should carry their identity proof (ID
Card / Welcome Letter) and not visit the customer’s premises without prior
appointment / approval.
At the initiation of a sales representation, without request, truthfully and
clearly identify themselves, the identity of the direct selling entity, the
nature of the goods or services sold and the purpose of the solicitation to the
Offer a prospective consumer accurate and complete explanations and
demonstrations of goods and services, prices, credit terms, terms of payment,
return policies, terms of guarantee, after-sales service. 4.
Provide the following information to the prospect / consumers at the time of
Name, address, registration number or enrollment number, identity proof
and telephone number of the direct seller and details of direct selling entity.
A description of the goods or services to be supplied. c)
Explain to the consumer about the Goods Return Policy / Buy Back Policy of the
company in the details before the transaction.
The Order date, the total amount to be paid by the consumer along with the bill
Time and place for inspection of the sample and delivery of goods.
Information of his / her rights to cancel the order and / or to return the
product in saleable condition and avail full refund on sums paid.
Details regarding the complaint redressal mechanism.
Explain Cooling Off period in which he / she can cancel the participation and
receive refund of the goods purchased.
applications other than for a natural person, all legal documents along with
stockholder details for applying legal entity (Proprietor / Ownership /
HUF) shall be produced. They shall be submitted within ten (7) days from the
date of application to the Company’s website. Failure to produce such documents
may cause the application to be rejected.
CHANGES IN DIRECTORSHIPS OR SHAREHOLDERS
the event of any changes in Directorships or Shareholders in said entities in
clause 7, they shall immediately inform the Company of the change(s) and the
Company shall have the right at its sole discretion to terminate or confirm
REFUND & BUY BACK GUARANTEE
and / or Business Owners are hereby notified that Products are subject to the
refund and buy back guarantee stipulated in the Terms & Conditions found
online, which apply accordingly to them.
RIGHTS & OBLIGSTIONS10.01
the option of the Business Owner, he/she may pursue the business plan of the
company Business Owner will be eligible to get commission on the personal sales
and occurring in his/her organization due to his/her continuous Participation/
Training / Teaching / Help and Development to all the Business Owner in his/
her organization and with fulfillment of the conditions as per the Compensation
plan, as explained on the company’s website www.bizective.com. A IBO should
continuously follow website changes for new updates.
Right to refer
the Business Owner has a right to refer Customers and / or refer another new
Business Owner to the Company and enjoys the benefits under the Business Plan
for doing so. When referring new Business Owner to the Company, the referring
Business Owner shall give the person/s that he / she intends to refer a copy of
the Terms & Conditions, the Business Owner Application Form with Contract,
and details of the Business Plan.
No right to represent Company
Business Owner is not a franchisee, Owner, employee, agent or Representative of
the Company. He / she has no right to, and shall not, represent himself /
herself as such. The relationship between the Business
Owner and the Company is wholly governed by this Terms & Conditions. Any
breach of this Terms & Conditions on the part of the Business Owner is a
serious breach of the Terms & Conditions and may result in the immediate
termination of his / her Business Ownership.
No right to represent Company: - As an Agent
Business Owner has no right to negotiate or conclude any contract on behalf of
the Company. Nor shall he / she hold himself / herself out as having such a
right. He / she shall not represent himself / herself as an agent of the
No right to represent Company: - As an Employee
Business Owner is not an employee of the Company, any costs he / she incur in
the development of his / her business are at his / her own expenses. He / she
shall not be entitled to seek reimbursement from the Company.
Rights to Company literatures and communication, etc.
Owners may receive periodic literature and other communication from the
Company. They will also be invited to, and upon payment of appropriate charges
if applicable, participate in Company-sponsored support, service, training,
motivational and recognition functions. They may also be invited to participate
in promotional and incentive contests and programs sponsored by the Company for
its Business Owners.
Owners should not:
Provide any literature and / or
training material not restricted to collateral issued by the Direct
Selling entity, to a prospective and / or existing direct seller both
within and outside the parent Direct Selling entity, which has not been
approved by the parent Direct Selling entity.
Require prospective or existing
direct sellers to purchase any literature or training materials or sales
A direct seller shall not:
Use misleading, deceptive and / or unfair trade practices.
Use misleading, false, deceptive, and / or unfair recruiting 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.
Make any factual representation to a prospective direct seller that cannot be
verified or make any promise that cannot be fulfilled.
Present any advantages of Direct Selling to any prospective direct seller in a
false and / or a deceptive manner.
Knowingly make, omit, engage, or cause, or permit to be made, any
representation relating to the Direct Selling operation, including remuneration
system and agreement between the Direct Selling entity and the direct seller,
or the goods and / or services being sold by such direct seller which is false
and / or misleading.
Require or encourage direct sellers recruited by the first mentioned direct
seller to purchase goods and / or services in unreasonably large amounts.
Owners must comply with all laws, statutes, regulations and ordinances
concerning the operation of their Business Owners business.
A direct seller shall keep proper book of accounts stating the details of the
products, price, tax and the quantity and such other details in respect of the
goods sold by him / her, in such form as per applicable law.10.08
Tax, expenditures, etc.
Owners are personally responsible for paying local, state, central government
taxes (Where Applicable) on any income they generate as Business Owners. It is
absolutely mandatory to pay GST once the
Business Owner crosses the GST threshold. Unless required by laws in India,
regulations or rules in any relevant countries.
(Tax deduction at Source) or any other mandatory obligation by laws in India
w.r.t. Income of an individual shall be complied as per the statutory laws.
(tax deducted at source) certificate will be issued to the Business Owners only
after the Business Owner has complied with all the KYC documentation including
copy of his PAN card (permanent account number card).
Claim of workmen’s compensation
the Company is not responsible for payment or co-payment of any employee
benefits for its Business Owners. Business Owners are responsible for their own
liability, health, disability and workmen’s compensation insurance, etc.
Cross Sponsoring / Cross Recruiting
Owner understands that cross sponsoring, cross recruiting and cross line
jumping is prohibited in The Program and may result in the imposition of
penalty, as more fully set forth hereafter, but may include immediate
termination of this Agreement. "Cross sponsoring" means soliciting a
Business Owner or any closely related person or entity into a downline
different from the existing down line for that Business Owner. "Cross
recruiting" means soliciting a Business Owner, except personally sponsored
Business Owner, or a closely related person or entity, into another Network
Marketing company. A "closely related person or entity" is any person
in the household of the Business Owner (e.g. spouse, son, daughter, parent
living in the same household) or any corporation, Ownership, limited liability
Company, trust or other legal entity, which is controlled by the Business
Owner. "Cross line jumping" means a Business Owner or any closely
related person or entity voluntarily taking a Business Center that is not in
the same downline as the one in which the Business Owner first was enrolled.
CLAIMS & MISREPRESNETATION
Owner understands that although Business Owner may refer other Business Owner
into the Program, the Program does not allow Business Owner to profit solely
from the activity of referring other Business Owner. Incentives are paid only
on ACTUAL SALES that are made by Business Owner or by other Business Owners
that fall into Business Owner’s Downline. No one has made any promise or
guarantee that Business Owner will derive any specific income or profit as a
Business Owner. Business Owner understands that any income the Business Owner
earns in the program is determined by Business Owner’s personal activity.
Business Owner understands that incentives shall be paid only to the qualified
“Product selling" Business Owner and to his or her Downline and Upline.
Business Owner shall not make any income representations except those set forth
herein or otherwise specifically set forth in official The Company material.
Other promotional campaigns, and associated bonuses, gifts, tours if any, are
temporary and must be clarified so..11.02
claims regarding any therapeutic or curative effects of any BIZECTIVE ONLINE
SERVICES LLP products may be made,
except those officially approved in writing by the Company or as contained in
official literature. In particular, the Business Owner shall NOT make any
statement / representation of any “guarantee” of cure or state that BIZECTIVE
ONLINE SERVICES LLP products are
effective in treatment of any skin or hair disease or disorder by giving or
specifying any percentage (%) of cure. Such statements can be perceived as
unfair trade practices, and as such, violate Terms & Conditions. Violation
of this clause will result in immediate termination for the said Business
Owner. Refer to Termination clause.
Representation of Status
all Cases, any reference the Distributor makes regarding himself / herself must
clearly set forth the Business Owner’s Independent status.
Business Cards & Stationary
printed material, including business cards and stationery, must be approved by
the Company in advance. Criteria for approving these materials will include a
judgment regarding the quality of the materials as well as properly setting
forth the independent status of the Business Owner.
Resignation, Suspension and Termination
may be suspended for violating any terms of the Agreement, Terms & Conditions,
the Business Plan, and / or any other relevant documents produced by the
Owner may voluntarily resign from and / or terminate his / her Business Owner
by tendering thirty (15) days’ written notice of such voluntary resignation or
termination to the Company. Acceptance of voluntary resignation and / or
termination upon the receipt of such notice is at the sole discretion of the
a decision is made to suspend the Business Owner, the Company will inform the
Business Owner in writing of the decision, the effective date of the
suspension, the reason(s) for the suspension, and the steps necessary to remove
such suspension (if any). The suspension notice will be sent to the Business
Owner’s address on file pursuant to the notice provisions contained in the
Terms & Conditions. Such suspension may or may not lead to termination of
the Business Owner as so determined by the Company at its sole discretion. If
the Business Owner wishes to ask the Company to review the decision, he / she
shall make such a request in writing to the Company within fifteen (15) days
from the date of the suspension notice. The Company will review and consider
the suspension and notify the Business Owner in writing of its decision within
thirty (30) days from the date of the receipt of the
Business Owner’s written request. The Company will thereafter not further
review its own decision. The Company may take certain action(s) during the
suspension period, including, but not limited to, the following:
Prohibiting the Business Owner
from holding himself as Business Owner or using any of the Company’s
proprietary marks and / or materials.
Withholding Incentives and / or
rewards due to the Business Owner during the suspension period.
Prohibiting the Business Owner
from purchasing products from the Company.
Prohibiting the Business Owner
from referring new Business Owners, contacting current Business Owners, or
attending meetings of Business Owners.
If the Company, at its sole
discretion, determines that the violation that caused the suspension is
continuing, and has not satisfactorily been resolved, or a new violation
involving the suspended Business Owner has occurred, the suspended
Business Owner may be terminated.
upon the seriousness of the violation, Business Owner may be immediately
terminated for violating the terms of the Agreement, Terms & Conditions,
Compensation Plan, and / or any other relevant documents produced by the
Company. The Company may, at its sole discretion, terminate a violating
Business Owner without placing the Business Owner on suspension. When the
decision is made to terminate the Business Owner, the Company will inform the
Business Owner in writing to the address in the Business Owner’s file that the
termination has occurred.
the Business Owner wishes to ask the Company to review the decision to
terminate, he / she shall make such a request to the Company in writing within
fifteen (15) days from the date of notice of termination. If the Company
receives no such request within the fifteen (15) days period, the termination
will automatically be deemed final. If the Business Owner files a timely
written request, the Company will review the decision and notify the Business
Owner of the result of the review within thirty (30) days after receipt of the
Business Owner’s request. Thereafter, the Company will not further review its
own decision. In the event the termination decision is not reversed, the
termination will remain effective as of the date stated in the original
shall allow for the termination of contract, with reasonable notice, in such instances
and on such terms where a direct seller is found to have made no sales of goods
or services for a period of up to two (2) years since the contract was entered
into, or since the date of the last sale made by the direct seller.
Effects of resignation, suspension and termination
resignation, the former Business Owner shall not further represent
himself / herself as the Business Owner of the Company, and shall cease
to use any materials bearing the trademarks, service marks, trade names and any
signs, labels, stationery or advertising referring to or relating to any
products, plan or program of the Company. He / she shall have no rights to
enjoy any benefits under the Agreement, Terms & Conditions, and / or the
the Business Owner is suspended, he / she shall not before the removal of his /
her suspension, further represent himself / herself or hold himself / herself
out as the Business Owner of the Company. Nor shall he / she use any materials
bearing the trademarks, service marks, trade names and
any signs, labels, stationery or advertising referring to or relating to any
products, plan or program of the Company. He / she shall have no rights to
enjoy any benefits under the Agreement, Terms & Conditions and / or the Compensation
Plan. But he / she shall be allowed to retain his / her Business Ownership
pending the final resolution of his / her case. Any Incentives and / or rewards
payable to him / her should he / she not be suspended shall be retained by the
Company. If the suspension of the Business Owner is subsequently removed, all
outstanding Incentives and / or rewards shall be paid to the Business Owner.
However, if the Business Owner is subsequently terminated, the termination
shall be treated as effective from the effective date of the suspension and all
Incentives and / or rewards retained as aforesaid by the Company shall be
forfeited forthwith to the Company.
upon termination, the terminated Business Owner:
Must remove and permanently
discontinue the use of the trademarks, service marks, trade names and any
signs, labels, stationery or advertising referring to or relating to any
product, plan or program of the Company.
Must cease representing himself
/ herself as a Business Owner of the Company.
Loses all rights to his / her
Business Owner position in the Compensation Plan and to all future
Incentives and earnings resulting there from.
Must take all actions
reasonably required by the Company relating to protection of the Company’s
confidential information. The Company has the right to set off any amounts
owed by the Business Owner to the Company including, without limitation,
any indemnity obligation incurred, from Incentives and / or rewards or
other compensation due to the Business Owner.
Owner who resigns his / her Business Ownership may reapply as a new Business
Owner but such reapplication will only be considered three (3) months after
resignation. The acceptance of any reapplication of a terminated Business Owner
shall be at the sole discretion of the Company.
non active Business Owner can be enrolled by other referrer only after the
period of 6 months. In this case the first referrer of the Business Owner
cannot claim it as snatching.
Active Business Owner” means the Business owner who has not
purchased any product from the company within a period of 6 months from the
date of his / her registration.
It is mutually agreed by and between the parties that:
Software [if any] that is made
available by the BIZECTIVE Packages is the copyrighted work of the company
and or its suppliers. A Subscriber's use of the Software is governed by
the terms of the end user license Agreement, if any, which accompanies or
is included with the software ["License Agreement"]. A
Subscriber may not install or use any Software that is accompanied by or
includes a License Agreement unless he/she first agree to the terms of
License Agreement. For any Software not accompanied by a license- Agreement,
the company hereby grants to Subscriber, the user, a personal,
non-transferable license to use the Software for viewing and otherwise
using the Any BIZECTIVE package in accordance with these Terms and
Conditions and for no other purpose provided that Purchaser Subscriber
keep intact all copyright and other proprietary notices. Subscriber should
clearly note that all Software, including without limitation all HTML code
and programming code contained in the Educational Package, is owned by the
company and or its suppliers and is protected by copyright and
intellectual property laws of the land and international laws.
Online Courses/Tutorials that
are made available by the BIZECTIVE Packages are the compiled work of the
company’s suppliers who have represented that they have compiled it from
various unrestrictive independent resources to design it into a relevant
course content which has the potential to enhance the computer literacy of
the user and also to help the user in self-generation employability. It is
expressly stated that the company takes no responsibility for the
Any reproduction or
redistribution of the Software / Courses / Tutorials or any other material
given on the website (www.bizective.com
& www.bizedu.in ) is explicitly
prohibited by law and may result in severe civil and criminal liabilities.
Copying or reproduction of the
Software / Courses / Tutorials or any other information given on the
website www.bizective.com to any other server or location for further
reproduction or redistribution is explicitly prohibited. The software is
warranted, if at all, only according to the terms of the license
Agreement.13.02 It is mutually agreed by and between the parties
The information, software,
products and services included on the BIZECTIVE Product may have
inaccuracies, typographical mistakes or unintentional errors. Corrections
and Changes will be effected periodically to the information therein.
The company may make improvements
and/or changes to BIZECTIVE Product at any time.
Advice received via BIZECTIVE
Product or in any manner from the company or its advisers should not be
relied upon for personal, medical, legal or financial decisions. A
Subscriber is Free to consult any appropriate professional for specific
advice tailored to his/her situational need.
The company and/or its respective
suppliers make no representations about the suitability, reliability,
timeliness and accuracy of the information, software, products, services
and related graphics contained in the BIZECTIVE Product for any purpose.
All such information, software, products, services any related graphics
are provided "as is" without warranty of any kind.
The company and/or its
respective suppliers hereby disclaim all warranties and conditions with
regard to this information, software, products, services and related
graphics, including all implied warranties and conditions or
merchantability, fitness for a particular purpose, title and
The company and/or its
suppliers shall not be liable in any event for any direct, indirect,
punitive, incidental, special , consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or
profits, arising out of the use or performance of the BIZECTIVE Packages
with delay or inability to use the BIZECTIVE Packages, the provision of or
failure to provide services, or for any information, software, products,
services and related graphics obtained through the BIZECTIVE
Packages or otherwise arising out of the use of the BIZECTIVE Packages,
whether based on contract, strict liability or otherwise , even if the
company or any of its suppliers has been advised of the possibility of
damages. Because some states/jurisdiction does not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to a Subscriber. If any Subscriber is dissatisfied
with any portion of the BIZECTIVE Packages, or with any of these, the sole
and exclusive remedy is to discontinue using the BIZECTIVE Packages.
13.03 Confidentiality Agreement:
Subscriber understands that the
Company marketing plan, Associate lists and official literature are
proprietary information and are considered trade secrets of The Company.
Subscriber hereby agrees to not directly or indirectly disclose or use any
of said confidential or proprietary information except to specifically
promote the Company business in accordance with the provisions of this
Agreement. Subscriber further agrees that this provision shall survive the
expiration or termination of this Agreement for a period of one year, or
as per governing company policy.
and Marketing Materials:
will not use the Company trade names and/or trademarks except to promote the
Company business. In all such authorized use, Subscriber will make clear that
Subscriber is an Independent IBO and the advertising is the Subscriber’s and
not the Company's. The Company makes no warranty, express or implied, with
respect to the use, efficacy or suitability for any purpose with respect to any
such marketing material unless otherwise explicitly stated in writing in
connection with the purchase thereof.