Bravest Family Marketisg Private Limited (herein also referred as "Bravest"), a company incorporated under the Companies Act, 2013 and having its Registered Office in
Jalandhar (Punjab), herein referred to as "The Company
engaged into the business of Direct Selling of various products such as Healthcare, Premium Suiting, etc. These terms & conditions are to be read together with the Direct Selling
Application Form (“the Application”). They become
binding when Bravest, in its sole discretion, accepts the application pursuant to clauses herein.
The company shall appoint freelance distributors across the country for marketing and sale of the products. Such distributorship is granted as privilege to the consumers
of its products. Interested individuals need to purchase the
product and satisfy with the quality and the services thereafter, if they wish to become freelance distributor of the company they can apply for the same in the prescribed form.
- Definitions
-
Cooling off period: shall subject to other provisions of this agreement, mean a period of 15 days from the date of acceptance of this direct seller
application by Bravest within which period any new direct
seller / distributor shall be entitled to terminate this contract without penalty and be entitled to full refund of price of products or materials purchased from Bravest upon
return of such products or materials in saleable
condition.
- Direct Seller/ Distributor: shall mean a person appointed by Bravest on a principal-to-principal basis through this Direct Seller Contract to
undertake sale, distribution and marketing of Bravest products and
services with the Territory. A Bravest Direct Seller / distributor may introduce or sponsor direct sellers and support them to build their direct selling business of Bravest goods
& services. These Direct Seller / Distributor shall
also be termed / known as "Freelance Distributor".
- Bravest is a registered trademark of Bravest Family Marketing Pvt. Ltd.
- Saleable: shall mean marketable, unused, not expired, not seasonal, discontinued or special promotional products and / services.
- Territory: shall mean the Republic of india.
- Effective Date: shall mean the date ofsubmission of the duly filled Direct Seller / Distributor Application, subject to Approval by Bravest
Family Marketing Pvt. Ltd.
- Distributorship / Direct Selling: Bravest appoints, as ofthe effective date, the individuals identified in the above Direct Seller application,
as a Direct Seller of Bravest Products and services, and the applicant(s) (here in after
individually or collectively referred to as the "Direct Seller or Distributor") agree(s) to such appointment. As of the effective date and upon receipt of ordering information and
completion of any required formalities, the
Distributor may, on a non-exclusive basis within the territory as may be communicated by Bravest, and otherwise in accordance with the Direct seller contract, purchase Bravest
Products from Bravest in order to sell,
distribute and market the same, and also register preferred Customers.
- Duration: This Direct Seller Contract, shall remain valid and continue to remain in full force unless terminated earlier by either party with or
without cause as given herein in any other provisions of this agreement.
- No Employment Relationship: The Distributor hereby confirms that he/she/they has or have entered into this Direct Seller Contract as an
independent distributor. Nothing in the Direct Seller Contract shall establish either
an employment relationship or any other labour relationship between the Parties or a right for the Distributor to act as a procurer, broker, commercial agent, contracting
representative or other representative of Bravest.
When purchasing and selling Bravest Products, the Distributor shall operate as an independent vendor, acting in his/her/their own name, at his/her/their own responsibility and for
his/her/their own account.
- No Assignment: This Direct Seller Contract is intuitue personae entered into on a personal basis, and neither this Direct Seller Contract nor any
of the rights or obligations of the Direct Seller/Distributor arising here under
may be assigned or transferred without the prior written consent of Bravest.
- Payments and Bank Accounts: Bravest will make all payments on account of commissions, discounts, returns or refunds etc. through bank transfer in
favour of the Primary Applicant/Entity only as per the details provided
in the Direct Seller Application or as maybe updated by the Primary Applicant/Entity in writing from time to time. The bank account must be opened and operated in full compliance
with Indian law, including with respect
to applicable foreign exchange laws. The payment shall be remitted after deducting the Admin Charges as may be decided by the management from time to time and applicable Ti.e. TDS
etc if required.
- Obligations of Direct Sellers:
- The Distributor shall not sell any Bravest Product for a price exceeding the Maximum Retail Price mentioned on the labels of the Bravest
products.
- The Distributor shall, throughout the validity of this Direct Seller Contract, strictly adhere to all applicable laws, regulations and other
legal obligations which he/she is supposed to perform for the operation of his/her/their
business. The Distributor shall be responsible for obtaining any applicable registration, license, approval or authorization, to carry out the business as Direct
Seller, copy of which shall be provided to Bravest upon request.
- Direct Sellers for Bravest shall:
- Truthfully and clearly identify themselves and state the purpose of solicitation to the prospective consumer and state the identity of Bravest,
provide complete explanation and demonstration as well as description of the
nature of products and services being offered for sale, provide details of prices, credit terms, terms of payment, return policies, terms of guarantee,
after-sales service, complaint redressal mechanism etc.
- Provide a bill and receipt to the consumer for orders placed.
- Require prospective or existing direct sellers to purchase any literature or training material or sales demonstration equipment on its own, if
chargeable. For instance, Event Tickets, Catalogues, etc.
- Subject to applicable legal requirements, maintain proper books of accounts in prescribed forms.
- Direct Sellers for Bravest shall not:
- Use misleading, deceptive or unfair trade practices for sale or recruitment of prospective direct sellers.
- Require or encourage other Bravest direct sellers to purchase Bravest products or services in unreasonably large quantities;
- Provide any literature and/or training material, not restricted to collateral issued by Bravest, to a prospective and/or existing direct seller
which have not been approved by Bravest.
- Strictly adheres to, inter alia, the Bravest Code of Conduct for Bravest Direct Sellers.
- The Direct Seller / Distributor hereby covenants with the Company that:
- The company reserves the right to amend the business plan and the terms and conditions in any manner whatsoever they think fit and shall be communicated by the
company through any mode as the company may deem
fit and proper.
- The warranties and defects of the products or materials supplied by Bravest shall be entertained by the manufacturing unit. The bravest has no obligation or
Liability of any deficiency on part of Manufacturer. However, to
facilitate the Direct Seller, the Bravest shall operate, monitor and supervise the Claims of the Direct Seller relating to warranties & defects through its CPC (Claims Processing
Committee), more described in the Bravest Code
of Conduct.
- After the passage of cooling off period of 15 Calendar Days, effective from the date of Joining of the distributor or the acceptance by Bravest whichever is later,
moneyback or refund or any other claims are not permissible.
- The Distributor/Direct Seller hereby agrees that the manufacturer or Bravest is not liable for replacement or Warranties or any other claims of open or damaged box
i.e. the product should be in Saleable Condition.
- The Distributor/ Direct seller are Aware of the price of products or materials supplied by Bravest shall subject to revision from time to time at the discretion of
the company.
- The availability of the products or materials supplied by Bravest shall depends upon the supply by manufacturer.
- The products benefits may vary and depends upon the usage of the consumer.
- The benefits provided by the company by way of payouts or any other consideration irrespective of monetary and non-monetary are
subjects to completion of targets and cannot be determined as fixed or recurring in
nature.
- The distributor is not eligible its contract or relationship with Bravest Family Marketing Pvt Ltd (Direct Selling Company), if he/she is indulge with any other
Direct selling Company. Any such act shall lead to termination if
found guilty and the forfeiture of any outstanding/ accumulated payouts or payables by the company.
- The responsibility of Bravest Family Marketing Fvt Ltd shall not arises by the misuse of goods or services by any distributor or the third party.
- Misrepresentation or falsification or indulging into fraudulent activities by the distributor or third party will not harm the Company in any way.
- Use of printed material or plan or product which is related to company without the prior permission will be prosecuted or under trademark infringement or any other
suitable legal action maybe initiated.
- Use of Bravest Trademark or name or brand or Company by way of misrepresentation or in any other way which is not in the interest of the company or Comply with
Company rules and regulations is strictly prohibited.
- The Distributor/ Direct Seller is eligible for collection of payment for products only and not for any other use. The payment so collected is to be deposited within
72 hours to the company.
- Any personal benefits taken out of funds or collections made by the distributor/Direct seller is strictly prohibited and liable for legal action by the company.
- Any personal benefits arising out of physical or emotional acts being maintained under the business or fiduciary relationship are strictly prohibited and liable for
legal action by the company.
- Termination of the Direct Seller Contract: The Direct Seller may without assigning any reason, after giving written notice to Bravest terminate
this Contract with immediate effect and this contract would be terminated
Automatically. A direct seller shall not be entitled to purchase Bravest products or services upon serving the notice. In addition to the above:
- Bravest may terminate this Direct Seller Contract forthwith in case:
- the Direct Seller violates the provisions of the Code of Ethics or the Rules of Conduct;
- for reasons of non-performance of sales of Bravest products and services as per the targets defined from time to time, if any;
- for the breach of Direct Selling guidelines published by the Government of India or any State Government;
- due to misrepresentation by the Direct Seller to any consumer or prospective Direct Seller; or
- due to legal, regulatory or other developments that require material operational changes within the Territory, in which case Bravest may, if regulatory conditions allow,
endeavor to restructure the contractual relationship
with the Direct Seller on such terms and conditions as are then practical and legally permissible.
- Bravest shall also have the right to terminate this contract after giving opportunity of being heard and as more described in the Bravest Code of Conduct. Bravest
may from time to time amend any of the documents or plans
or terms & conditions, etc., comprising the Direct Seller Contract through notice on its website, www.bravestfamily.com. If the Distributor does not agree to be bound by such
amendment(s), he/she/they may terminate the Direct
SellerContract with immediate effect by giving a written notice to Bravest. Otherwise, the Distributor's continued relationship with Bravest constitutes an affirmative
acknowledgment by the Distributor of the ameodment(s),
and his/her/their agreement to be bound by the same.
- Prohihitions:
- Distributor / Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or selling any products, or the business opportunity on any
website or online forum that offers like auction as a mode of
selling or alike Direct Sale without obtaining prior consent of the Bravest. Please refer to our code of conduct of our Distributor Policies and Procedures for completed
details.
- Once a distributorship terminated, he / she cannot enter into any of the company premises / meeting locations and his revenue income will be stopped immediately.
- The distributor hereby undertakes not to compel or induce or mislead by any person with any false statement / promise to purchase products from the company or to
become distributor of the company.
- Severability: If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain in full
force and effect.
- Governing Law: The Direct Seller Contract and all questions of its interpretation shall be governed by and construed in accordance with the laws of
the Republic of India, without regard to its principles of conflicts of laws.
The Agreement is civil in nature and hence, it is to be governed and construed in accordance with the Indian Contract Act, 1872, the Code of Civil Procedure and other applicable
laws of India.
- Force Majeure: The company shall not be liable for any failure to perform its obligations where such failure has resulted due to Acts of Nature
(including fire, food, 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 of confiscation, terrorist activities,
nationalization, government sanction, blockage
embargo, labor dispute, strike, lockout or interruption or failure of electricity.
- Duty and Confidentiality The Company and the Direct Seller / Distributor shall bound to keep the confidentiality information secret and
confidential and not disclose any of it to any person who reasonable need to know the same of the purpose.
- Dispute Settlement: The parties shall endeavour to settle any dispute or difference arising out of or in connection with the Direct Seller Contract
through procedure more explained in the Bravest Code of Conduct. The
courts of Jalandhar will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
- Limitation on Liability: Bravest liability ,whether in contract, or otherwise, arising out of or in connection with this Direct Seller Contract
shall not exceed the less of: (a)actual damages or loss assessed by the arbitrator or
any other dispute resolution mechanism adopted by the Parties, or; (b) the total commission earned by the Distributor during the six-month period preceding the date of the
dispute.
- Recourse and Legal Applicability
- The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Disputes, if any, shall be subject to the
exclusive jurisdiction of the courts in jalandhar.
- If any dispute or difference arising out of or in relation to these presents, the same shall be referred to sole arbitrator appoint by the Company. Distributor
shall not raise any objection, in case the Arbitrator so appointed
by the company is related / associated with company in any manner whatsoever, Arbitration in such event shall be conducted as per "Arbitration and Conciliation Act, 1996" as
amended from time to time. Venue of such
Arbitration shall be Jalandhar and Language shall be English.
- Declaration/ Affirmation
- _____________________________________________________ solemnly affirm and declare as follows:
- By signing this Application, I confirm that I have been Provided with or have undergone Orientation Program which provided fair and accurate information on all
aspects of Bravest direct selling operation, about free joining,
its remuneration system, its refund and return policy, expected remuneration and related rights and obligations as governed under the Bravest Code of Conduct. I further understand
and agree that this application and any
ensuing Bravest Distributorship upon acceptance of this application by bravest shall be subject to the Terms and Conditions given below including the constituent documents as
amended from time to time. Furthermore, I
understand and agree that my information provided in connection herewith may be used in accordance with Bravest Privacy Policy available at www.bravestfamily.com. I am signing this
application under my own free will.
In witness whereof, I hereto have signed this declaration/ Affirmation this _______________ day of ________________, in presence of the following witness.
- Signature Witness 1. _____________________________________________ Sign _____________________________________________
- Name of Applicants Witness 2. _____________________________________________ Sign _____________________________________________