To become an Independent Distributor of Smartway India Enterprises 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 1872. Necessary proof thereof should be submitted as and when required by the Company.
Its is mandatory that 18 years and above age only can become the Independent Distributor of Smartway.
Prospective customers should bear a good moral character and should not have any past or present criminal record.
People who want to be a customer of Smartway India Enterprises LLP must fill and submit the Registration Form along with self-attested KYC documents as required by Smartway India Enterprises LLP.
Registration in Smartway India Enterprises LLP is 100% free.
Smartway India Enterprises 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 Smartway India Enterprises LLP, the company allots a Unique Code (Independent Distributor Identification Number) which allows the Independent Distributor to purchase and sell Smartway products as an Independent Distributor.
Smartway shall allot Identification number on Legitimate PAN Information if not then the stipulated Law of the land shall be applied.
Smartway allot only one Distributorship for one PAN card.
Independent Distributor should carry their identity proof (Identity Card / Welcome Letter) and visit the customer’s premises with prior appointment / approval only.
At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Smartway, the nature of the goods or services sold on the website and the purpose of the solicitation to the prospective consumer.
Offer a prospective consumer / Independent Distributor accurate and complete explanations and demonstrations of goods and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service.
Any Independent Distributor(s) who introduces another Independent Distributor(s) into Smartway must train the new Independent Distributor(s) in product knowledge, effective sales techniques, the Business Plan, and the Policies and Procedures. Independent Distributor(s) must also supervise and monitor Independent Distributor(s) in their Downline Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As an Independent Distributor(s) progresses through the various Levels of leadership, his / her responsibilities to train and motivate downline Independent Distributor(s) will increase.
Provide the following information to the prospect / consumers at the time of sale, namely:
Name, address, registration number or enrollment number, identity proof and telephone number of the Independent Distributor and details of direct selling entity.
A description of the goods or services to be supplied.
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 and receipt.
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 refund on sums paid.
Explain Cooling Off period in which he / she can cancel the participation and receive refund of the goods purchased.
For applications other than for a natural person, all legal documents along with stockholder details for applying legal entity (Proprietor / Partnership / HUF) shall be produced. They shall be submitted within ten (10) days from the date of application to the Company’s Corporate office in Coimbatore, India. Failure to produce such documents may cause the application to be rejected.
It is the responsibility of those persons involved in the Entity to conform to the laws of the state in which their Entity is formed. Smartway reserves the right to approve or disapprove any Independent Distributor Application and Agreement submitted by an Entity.
In the event of any changes in ownership of said entities in sub clause 3.03, 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 their Independent Distributorship. Moreover, the said entity shall provide requisite documents / proof to the company in respect of change and the Company shall have the exclusive right either to accept or decline.
Smartway cannot divide a Downline Organization, nor can it divide the payout cheque between the joint owners unless otherwise agreed to in writing by Smartway.
If an applicant submits multiple Independent Distributor Application Forms that list different Introducers, only the first completed application received by the Company will be accepted.
For Customer of the Company who later applies to become an Independent Distributor, his / her last Introducer for his / her purchase shall also be his / her Introducer of his / her Independent Distributorship, unless the Customer’s last purchase from the Company was more than six (6) months before his / her Independent Distributor application and in his / her application he / she states another Independent Distributor as his / her Introducers.
Once the Company accepts an applicant’s Independent Distributor Application Form, the Company will grant to the applicant an Independent Distributor status within the Smartway Business Plan. The Company will give the Independent Distributor an Independent Distributor Identification Number and shall include his / her Independent Distributor Identification Number in all his / her orders and correspondences with the Company.
A person or entity may not apply as an Independent Distributor using a fictitious or assumed name.
Customers and / or Independent Distributors are hereby notified that Products are subject to the refund and buy back guarantee stipulated in the Smartway Policy & Procedures Manual (SPPM) found online, which apply accordingly to them.
An Independent Distributor is an independent representative having the rights and obligations conferred by the SPPM along with the details mentioned in the Smartway Business Plan to use & refer the products of the Company.
Only an Independent Distributor has a right to introduce Customers and / or new Independent Distributor to the Company and enjoys the benefits under the Smartway Business Plan for doing so. When introducing new Independent Distributors to the Company, the introducing Independent Distributor shall give the person/s that he / she intends to refer a copy of the SPPM, an Independent Distributor Application Form with Contract, and details of the Smartway Business Plan.
An Independent Distributor is not a franchisee, partner, and employee of the Company. He / she has no right to, and shall not, represent himself / herself as such. The relationship between an Independent Distributor and the Company is wholly governed by this SPPM. Any breach of this SPPM on the part of the Independent Distributor is a serious breach of the SPPM and may result in the immediate termination of his / her Independent Distributorship.
An Independent Distributor 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.
As an Independent Distributor 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.
Independent Distributors 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 Independent Distributors. Independent Distributors should not:
(a) Provide any literature and / or training material not restricted to collateral issued by the Direct Selling entity, to a prospective and / or existing Smartway Independent Distributor both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity.
(b) Encourage prospective or existing Independent Distributor to purchase any literature or training materials or sales demonstration equipment.
(a) Use misleading, deceptive and / or unfair trade practices.
(b) Use misleading, false, deceptive, and / or unfair introducing practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective Independent Distributor, in their interaction with prospective Independent Distributor.
(c) Make any factual representation to a prospective Independent Distributor that cannot be verified or make any promise that cannot be fulfilled.
(d) Present any advantages of Direct Selling to any prospective Independent Distributor in a false and / or a deceptive manner.
(e) Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration program and agreement between the Direct Selling entity and the Independent Distributor, or the goods and / or services being sold by such Independent Distributor who is false and / or misleading.
(f) Require or encourage Independent Distributor introduced by the first mentioned Independent Distributor to purchase goods and / or services in unreasonably large amounts.
Independent Distributors must comply with all laws, statutes, regulations and ordinances concerning the operation of their Independent Distributor business.
An Independent Distributor 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.
Independent Distributors are personally responsible for paying local, state, central government taxes (Where Applicable) on any income they generate as Independent Distributors. It is absolutely mandatory to pay GST once the Independent Distributor crosses the GST threshold. TDS (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. Currently, applicable TDS will be deducted for those who provide PAN details and it's mandatory for releasing commission. TDS (tax deducted at source) certificate will be issued to Independent Distributor only after the Independent Distributor has complied with all the KYC documentation including copy of his PAN card (permanent account number card). Any individual operating a business is required to obtain a Permanent Account Number from the income Tax Department when their earnings become taxable under the Indian income Tax Act. Please consult your tax advisor for rules and details as Tax laws will change from time to time. It is mandatory for all Independent Distributor(s) to provide their PAN number details. Smartway will collect and remit sales taxes on behalf of Independent Distributor(s) at the maximum retail price according to applicable tax rates to which the shipment is destined.
The Company is not responsible for payment or co-payment of any employee benefits for its Independent Distributors and is responsible for their own liability, health, disability and workmen’s compensation insurance, etc.
An Independent Distributor has a non-exclusive right to market and promote products of the Company. There are no geographical limitations existing on the referring or selling country, provided, however, that the Company reserves the right not to sell products or services in any states, territories or countries.
Any Independent Distributor who introduces another Independent Distributor to the Company is highly recommended to perform a bona fide assistance and training function to ensure that his / her Downline is properly operating and conducting their Independent Distributor business. It is to the advantage of both Introducers and their Downlines to have ongoing contact and communication. Independent Distributors must truthfully and fairly describe the Smartway Business Plan. No past, potential or actual income claims may be made to prospective Independent Distributors. Nor may Independent Distributors use their own incomes, or other Independent Distributors’ incomes, as indication of the success assured to others. Income statements shall not be used as marketing materials. Independent Distributors shall not guarantee Income or estimate expenses to prospects. (Please refer to Income Disclaimer).
Subject to sub clause 8.01 and sub clause 8.02, no Independent Distributor may introduce or attempt to introduce another Independent Distributor from a different line of Business to ‘switch’ to another line of Business. Examples of Cross Lining are:
(a) Placing additional Independent Distributors of his / her own in lines of Business not below his / her Primary Independent Distributors.
(b) Placement of a new Independent Distributor using anyone’s name known to the Introducer and placing it in lines of Business not below the Introducer’s Primary independent distributors while intending to profit from the proceeds of the said new independent distributor.
(c) An Independent Distributor owning an interest in an entity that is an Independent Distributor in lines of Business not below his / her Primary BC.
(d) Entering in other lines of Business under the same name as an existing Independent Distributor using a valid Independent Distributor Identification Number other than the one used previously.
(e) Incase Independent distributor has placed his / her introduced in a wrong place, independent distributor can request for change of position while submitting the necessary documents within 10 days of registration.
(f) Any situation (whether the above examples or others) found to be in violation of this sub clause shall be met with the greatest scrutiny and may result in termination of the newly placed independent distributor, as well as the independent distributor having instigated the said situation.
That it is mutually agreed between the parties, that at the time of joining or getting distributorhip of smartway, the said distributor confirms that on attaning diamond position the said company and after attaining the said position, if distributor committs any default or breach of terms and conditions as stipulated in the present policy of smarty, in that case the company have rights to terminate(s) his distributorhip and position held with the company.
Further, by signing the present policy the distributor undertakes not to work for similar or identical company for next six (6) months from the date of termination and also undertakes to refund the commision or profit amount to the company, which is earned by the said diamond holder during his tenure.
All Independent Distributors have a responsibility to maintain the network integrity of the company. any Independent Distributor who is found ‘hacking’ into or interfering or tampering with the company’s database or any part of the company’s computer system (hardware and / or software) or attempting to do any of the aforesaid acts without the proper authorization shall be liable to immediate termination of his / her Independent Distributorship. He / she shall also be liable for all consequential damages and losses of the Company.
An Independent Distributor shall, at all times, remain loyal to the Company and shall not publish any written and / or verbal disparaging or adverse information / statement / s against the Company. He / she shall hold the Company’s management in high esteem at all times, failing which, he / she may be terminated notwithstanding that he / she may also be liable for libel or slander.
Assigned Unique Identification Numbers are non-transferable unless a duly signed request letter by transferor & receiver and attested by their Diamond Leader is sent to the company for our perusal and approval. Minimum it will take 48 to 72 Hours to transfer any Unique Identification Numbers. Without the consent and approval from the Company, distributors are not allowed to work or get associated with any other distributor or Company directly or indirectly. If found the Company has the full rights to terminate the same Independent Distributorship without notice If an active Independent Distributor wants to change his position, he has to be in standby for 6 month with an approval from the Company. The transferring Independent Distributor(s) must be in good standing and not in violation of any of the terms of the Independent Distributor(s) Agreement or Policies and Procedures, to transfer his / her Independent Distributor(s) ship. Smartway will not approve the transfer of a Independent Distributor(s) ship to any individual or Entity that is a current Independent Distributor(s) or who has an ownership interest in any Independent Distributor(s) ship. Similarly, Smartway will not approve the transfer of an Independent Distributor(s) ship to any individual or Entity that has previously had any ownership interest in, or operated, a Smartway Independent Distributor(s) ship. The No objection certificate (NOC) from the Introducer must be submitted. Remit Rs. 500/- (Five Hundred Only) in favor of Smartway towards the transfer processing fee.
1.1 The relationship between Direct Selling Entity and Direct Seller shall be determined as per the written agreement between the parties which shall contain the rights and obligations that are expressly provided as conditions for the conduct of Direct Selling the business as well as provide for the obligation of the direct selling entity and the direct seller in terms of these guidelines;
1.2 All other rights and obligations shall be determined as per the express terms of the written agreement between a Direct Selling Entity and Direct Seller;
2. The Direct Selling entity will be liable for grievances arising out of the sale of products. services or business opportunity by its Direct Sellers;
3. It will be the responsibility of the Direct Selling entity to monitor and control the practices/methods adopted by the Direct Sellers:
No false or misleading income projections may be made to prospective Independent Distributor. In their enthusiasm, Independent Distributors are often tempted to represent hypothetical income figures based upon the inherent power of group viral marketing as actual income projections. This is counterproductive, since new Independent Distributors may be quickly disappointed if their results are not as extensive or as rapid as a hypothetical model would suggest. Smartway India Enterprises LLP firmly believes that income potentials are great enough to be highly attractive even when based in reality, without resorting to artificial and unrealistic projections.
No claims regarding any therapeutic or curative effects of any Smartway India Enterprises LLP products may be made, except those officially approved in writing by the Company or as contained in official literature. In particular, the Independent Distributor shall NOT make any statement / representation of any “guarantee” of cure or state that Smartway India Enterprises 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 SPPM. Violation of this clause will result in immediate termination for the said Independent Distributor. (Refer to Termination clause).
In all Cases, any reference the independent distributor makes regarding himself / herself must clearly set forth the Independent Distributor’s Independent status.
Any printed material, including business cards and stationery, will be provided by the company. No Independent Distributor is authorized to print any business material on behalf of the company.
Any inquiries by the media are to be referred immediately to the Company. This policy is to ensure accuracy and a consistent public image. Any Press Enquiry to be referred to company on email address firstname.lastname@example.org
Smartway India Enterprises LLP never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases; both specifically expressed a dimpled, unless any officer duly authorized by the Company in contracts or an agreement specifies in writing that the Company waives any of these provisions. In addition, any time the Company gives permission for a breach of rules, that permission does not extend to future breaches. This provision deals with the concept of “waiver”, and the parties agree that Smartway India Enterprises LLP does not waive any of its rights under any circumstances short of the writing confirmation alluded to above.
An Independent Distributor must be active and in compliance with the Agreement, Contract, SPPM and the Business Plan to qualify for Incentives and / or rewards. So long as it is entitled under the Business Plan to receive Incentives and / or rewards, the Company shall pay Incentives and / or rewards to the Independent Distributor in accordance with the Business Plan. Independent Distributors must consult the Business Plan for a detailed explanation of the benefits, Incentives and / or rewards structure and the corresponding requirements. Incentives and / or rewards are paid only on the sale of the Company’s products. No Incentive or bonus is to be paid on the purchase of the Company’s sales materials, literatures, Business Planner, Product Portfolio, or for introducing other Independent Distributors and / or Customers. The Distributor should have a valid PAN card, only can receive incentives. Without PAN Card Company will not transfer any incentives.
Independent Distributors receive Incentives, rewards and other benefits under the Business Plan based on the actual sales of products to Customers. When a product is returned to the Company for a refund or the transaction is in any way not successfully completed, the Incentive, rewards and / or other benefits attributable to the returned or the unsuccessful transaction will be deducted in the Incentive Period in which the refund occurs, and continuing every Incentive period thereafter until the incentive, rewards and / or other benefits are fully recovered from the Independent Distributors who received incentive and / or rewards on the sales of the refunded or repurchased product.
In addition, if the company has already paid incentive and / or rewards to an Independent Distributor for a returned product, the company shall have the right to request the Independent Distributor for the return of the said Incentive and / or rewards and the Independent Distributor shall have the obligation to return such Incentive and / or rewards to the company. The Company shall have the right to set off any debt(s) an Independent Distributor owes to the Company against his / her Incentive and / or rewards.
As per the Business plan in case the payout day is a public holiday it shall be issued on the next working day.
An Independent Distributor can request for his / her periodic account / information concerning, as applicable, sales, purchases, details of earnings, commissions’ bonus and other relevant Data, in accordance with the agreement. The Company reserves the right to charge a processing fee for managing the virtual office of Independent Distributor’s and issuing an electronic or Paper Business Plan requested by the Independent Distributors.
All Incentives / Rewards that an Independent Distributor earns will be credited to his / her Bank accounts by the way of Bank Transfers.
Royality Achievement Sites destinations are non transferable . In the event that an individual distributor accomplishes any rank, after that they should serve the company for at least 2 years to get the halfway royality sum and in 4 years to get full royality accomplishment sum ( Only if they fulfill the Criteria on time ) then everything will be moved further . If there is an occurrence of Violation, their Distributionship will be ended and the royalty amount which would be paid shall be ceased to exist.
The royality is completely dependent on the Monthly Turn Over.
An Independent Distributor may be suspended for violating any terms of the Agreement, SPPM, the Business Plan, and / or any other relevant documents produced by the Company.
An Independent Distributor may voluntarily resign from and / or terminate his / her Independent Distributorship by tendering thirty (30) day’s 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 Company.
When a decision is made to suspend an Independent Distributor, the company will inform the Independent Distributor 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 Independent Distributor’s registered address. Such suspension may or may not lead to termination of the Independent Distributor as so determined by the company at its sole discretion. If the Independent Distributor 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 Independent Distributor in writing of its decision within thirty (30) days from the date of the receipt of the Independent Distributor’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:
(a) Prohibiting the Independent Distributor from holding himself as Independent Distributor or using any of the Company’s proprietary marks and / or materials.
(b) Withholding Incentives and / or rewards due to the Independent Distributor during the suspension period.
(c) Prohibiting the Independent Distributor from purchasing services and products from the Company.
(d) Prohibiting the Independent Distributor from introducing new Independent Distributors, contacting current Independent Distributors, or attending meetings of Independent Distributors.
(e) 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 Independent Distributor has occurred, the suspended Independent Distributor may be terminated.
Depending upon the seriousness of the violation, an Independent Distributor may be immediately terminated for violating the terms of the agreement, SPPM, Business Plan, and / or any other relevant documents produced by the company. The company may, at its sole discretion, terminate a violating Independent Distributor without placing the Independent Distributor on suspension. When the decision is made to terminate an Independent Distributor, the company will inform the Independent Distributor in writing to the registered address in the Independent Distributor’s that the termination has occurred.
If an Independent Distributor 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 an Independent Distributor files a timely written request, the company will review the decision and notify the Independent Distributor of the result of the review within thirty (30) days after receipt of the Independent Distributor’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 termination notice.
Company shall allow for the termination of contract, with reasonable notice, in such instances and on such terms where a independent distributor 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 Independent Distributor.
After resignation, the former Independent Distributor shall not further represent himself / herself as an Independent Distributor 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, SPPM, and / or the Business Plan. If an Independent Distributor is suspended, he / she shall not before the removal of his / her suspension, further represent himself / herself or hold himself / herself out as an Independent Distributor 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, SPPM and / or the Business Plan. But he / she shall be allowed to retain his / her Independent Distributorship pending the final resolution of his / her case. Any Incentives and / or rewards payable to him / her should not be suspended shall be retained by the company. If the suspension of the Independent Distributor is subsequently removed, all outstanding Incentives and / or rewards shall be paid to the Independent Distributor. However, if the Independent Distributor 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. Immediately upon termination, the terminated Independent Distributor:
(a) 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.
(b) Must cease representing himself / herself as an Independent Distributor of the Company.
(c) Looses all rights to his / her Independent Distributor position in the Business Plan and to all future Incentives and earnings resulting there from.
(d) 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 Independent Distributor to the company including, without limitation, any indemnity obligation incurred pursuant to sub clause 10.11 herein, from Incentives and / or rewards or other Incentives due to the Independent Distributor.
An Independent Distributor who resigns his / her Independent Distributorship may reapply as a new Independent Distributor but such reapplication will only be considered six (6) months after resignation. The acceptance of any reapplication of a terminated Independent Distributor shall be at the sole discretion of the company. A non active Independent Distributor can be enrolled by other introducer only after the period of 6 months. in his case the first introducer of the Independent Distributor cannot claim it as snatching.
“Non Active Independent Distributor” means an Independent Distributor who has not purchased any product from the company within a period of 6 months from the date of his / her registration.
Violation of any of the terms and conditions of the Independent Distributor(s) Agreement or these Policies and Procedures, or any illegal, fraudulent, deceptive, or unethical business conduct by an Independent Distributor(s), may result, at SMART WAY’s discretion, in one or more of the following actions:
Withdrawal or denial of an award or recognition, or restricting participation in SMART WAY -sponsored events for a specified period of time or until the Independent Distributor(s) satisfies certain specified conditions.
Withdrawal or denial of an award or recognition, or restricting participation in SMART WAY -sponsored events for a specified period of time or until the Independent Distributor(s) satisfies certain specified conditions.
Suspension of certain privileges of Distributor(s)ship, including but not limited to placing a product order, participating in SMART WAY programs, progressing in the Business Plan, or participating as a Sponsor, for a specified period of time or until the Independent Distributor(s) satisfies certain specified conditions or any other right or privilege.
Imposing fair and reasonable fines or other penalties in proportion to actual damages incurred by SMART WAY and as permitted by law; and/or
Terminating the Distributor(s) ship by terminating the Independent Distributor Agreement.
Suspension of Independent Distributor Agreement.
SMART WAY INDIA ENTERPRISES LLP reserve the right to cancel membership (id/account) of the relevant Member if it is not satisfied that a member meets the terms and conditions or if the Member engages in any misconduct, misconstrue, fraud or abuses of the Company’s Business Plan, Benefits and Awards and promoting / participating in competitor company's compensation plan while holding SMARTWAY Distributorship ID. Once Membership is terminated, all benefits and privileges shall cease forthwith.
An Independent Distributor has a right to nominate a person as his / her nominee to whom the company will transfer the Independent Distributor’s Independent Distributorship upon the death of the Independent Distributor. The Independent Distributor has a right to change his / her nominee in his / her lifetime by giving written notice to the company. However, the company will not accept such a transfer unless the nominee or the last nominee has executed a current Independent Distributor application form and submitted certified copies of the death certificate of the Independent Distributor to the company. The nominee will then be entitled to take over the Independent Distributorship of the late Independent Distributor and entitled to all the Incentives, rewards or other benefits accrued thereafter and all the rights, and / or be subject to all the obligations as an Independent Distributor of the company. If an Independent Distributor did not make any nomination in his / her lifetime, his / her Independent Distributorship shall be terminated immediately upon his / her death. Any cross lining as a consequence of the devolution of Independent Distributorship under this clause shall not be treated as a breach of the SPPM. In case of death or an unexpected event the ID shall be transferred to a family member. Children’s below 18 yrs are not eligible for taking the distributorship.
If an Independent Distributorship is registered by two (2) or more persons, they will be deemed as a partnership under the agreement and the SPPM. In the event that the partnership is dissolved, unless the company receives a valid and legally enforceable agreement signed by all the partners regarding the arrangement of their Independent Distributorship within thirty (30) days of being notified of the dissolution of the partnership, their Independent Distributorship will be automatically terminated after the expiry of the said thirty (30) day period. Incase when dissolution of Partnership happens, the existing business code will be transferred on the Pan Card which is not there earlier in the system. (1 Identification Number on 1 Pan Card rule will be applicable)
During the term of the agreement, the company may supply to Independent Distributors confidential information, including, but not limited to, genealogical and downline reports, customer lists, customer information developed by the company or developed for and on behalf of the company by independent distributors (including, but not limited to, credit data, customer and Independent Distributor profiles, and product purchase information), Independent Distributor lists, manufacturer and supplier information, business reports, Incentives or sales reports, and such other financial and business information that the company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to the company and is transmitted to Independent Distributors in strictest confidence on a ‘need-to-know’ basis for use solely in the Independent Distributors’ business with the company.
Independent Distributors must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use such information for any non-company activity directly or indirectly while an Independent Distributor and thereafter. Independent Distributors must not use the information to compete with the company or for any purpose other than promoting the company’s program and its products and services. Upon determination, nonrenewal or termination of the agreement, Independent Distributors must discontinue the use of such confidential information and promptly return any confidential information in their possession to the company.
The Company will use its best effort to provide accurate information such as online or telephonic Downline activity reports, including, but not limited to, personal and group business volume (or any part thereof), and Downline introducing activity to Independent Distributors. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic cheque payments; returned products; and credit card and electronic cheque charge-backs; the information is not guaranteed by the Company or any persons creating or transmitting the information.
(a) The Company name, logo, trade name, trademarks, product names, brochures, catalogues, sales material, contracts and sales training sessions, literature, audio or video material, presentations or events are copyright-protected property of the Company worldwide and the Company retains ownership rights or exclusive licenses to the entire contents.
(b) Independent Distributors shall not reproduce or distribute privately reproduced versions of such materials under any circumstances. Independent Distributors shall not use the company name, logo, trade name, trademarks, program names, or product names in any manner or form.
(c) Naming protection reserved by the company. In addition to any relevant intellectual property laws, the following list of names are also reserved and restricted from use by Independent Distributors in their Independent Distributor activities.
With respect to product purchases from the Company, Independent Distributors must abide by all manufacturers’ use restrictions and copyright protections. Without prior written approval from the Company, no Independent Distributor shall video and / or audio record the Company’s meetings, conferences and / or training sessions or any speeches (including conference calls) given therein.
The Company’s business relationships with its vendors, manufacturers and suppliers are confidential. Independent Distributors must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of the Company except at the Company-sponsored events at which the supplier or manufacturer is present at the request of the Company.
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.
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.smartwaydirect.com 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.smartwaydirect.com) 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.
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.
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.
Fax blasting and unsolicited emailing (spamming) is prohibited.
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.
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.
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 email@example.com 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.
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.
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.
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.
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.
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 firstname.lastname@example.org 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.
Regarding any product issues the company and the customer shall communicate only through the official company email id and contact number
Customer Care Number: +919633005666
Email Address: email@example.com
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.
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.
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.
Smartway Buy Back Policy for its Customers / Independent Distributor:
Customers /Independent Distributor may return the products within 30 days of dispatch date as follows:
Thanks for shopping at our site. Smartway stands behind the quality of its products and guarantees your satisfaction. If for any reason you are not completely satisfied with the products, you may return it within 30 days from the date of Invoice of their first product purchase which should be notified within one week from purchase as per the terms of the Refund Policy.
If there is any change of mind, the product can be returned within 30 days of delivery .The Company shall pay all the money back within 30 days after deducting the courier charge and service charge.Refund for Top-up or Repurchase orders on initial purchase order id is not allowed in any point of business.
Refunds Once we have received your item we will inspect it and notify you that we have received your returned item and the status of your refund . In the event the return of a Product is duly accepted by us the value of such Product, as originally paid by Customer /Independent Distributor during acceptance of Product, will either be refunded to Customer / Independent Distributor either to the bank account provided for such refund, or to the payment instrument from which payment was made. Smartway shall have the sole discretion to determine the mode of reversal from the above options.
When the product is delivered to the customer and if it is found defective or has any manufacturing defect, the customer shall send it back to the company within 30 days of invoice date where in the company will replace the product immediately at no extra cost.
The company has the right to reject and deduct the actual cost of any product items on finding of usage/damage or mishandling by the customer.
All Smart way products are covered under Smart way Customer product refund policy, in our terms and conditions.
Shipping Cost You will be responsible for paying your own shipping cost for returning your items. Shipping costs are non-refundable. In some exceptional cases, if the cost of the shipping is paid by the company the shipping cost of the return product will be deducted from the refund amount.
Cancellation of transaction / orders:
Cancellation by Smartway:There may be certain orders that it is unable to accept and has the right to cancel such order. It reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Customer / Independent Distributor order being cancelled include, without limitation, non-availability of the Product or quantities ordered. It may also require additional verifications or information before processing any order. If Customer / Independent Distributor’s order is cancelled, after the payment has been processed, the said amount will be reversed / remitted either to the bank account provided for such reversal, or to the payment instrument from which payment was made.
Smartway shall have the sole discretion to determine the mode of reversal from the above options.
Cancellation by the Customer /independent distributor: In case of request for order cancellation, Smartway reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if it receives a cancellation notice and the order has not been processed, it may cancel the order and refund the entire amount to Customer / Independent Distributor within a reasonable period of time. It will not be able to cancel orders that have already been processed. Customer / Independent Distributor agrees not to dispute the decision made by them and accept the decision regarding the cancellation.
Set-off of any benefits availed by the Independent Distributor: In case the Independent Distributor has availed any benefit under any marketing or promotions provided by Smartway in relation to the Product for which the order has been cancelled by the Customer /Independent Distributor or by Smartway, independent distributor agrees and authorizes it to recover such benefits from the Independent Distributor or set-off the same from any refunds.
The Customer / Independent Distributor must return the product(s) to our head office personally or by courier.
Period of return for products is calculated as the number of days from the Invoice Date, to the date of receipt at the Smartway Corporate office..
Condition refers to the condition in which the stock is received back from the Customer / Independent Distributor as a return. The product can be ‘marketable’ or ‘unmarketable’ depending on the condition of the returned stock as assessed by the Returns executive at the Smartway dispatch and Delivery office.
The Product Return Policy does not apply to open packs of literature and videos or other sales and marketing aids.
Total returns cannot exceed the quantity appearing on the Invoice.
BV adjustment of products returned shall be processed in the same Payout. Total BV of the returned products will be deducted from the returning Independent Distributor account.
If customers return products directly to Smartway, BV adjustment shall be done from the Independent Distributor payout account & any excess amount paid shall be recoverable from the Independent Distributor. Hence any independent distributor who requests for refund has to get an authorisation letter duly signed from their sponsor or Diamond leader as per the format provided in the respective log-in page. Further, the company will process the request. The company have all the rights to cancel the request if not satisfied.
The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by Smartway at the time of purchase of the Product.
We are pleased to serve you and make your shopping experience easier. We noticed that your product was not delivered or picked by due to some reason, despite several reminders the product was not collected from our respective regional office(s). Kindly treat this as important notice to collect the product ordered by you from our Coimbatore branch by submitting a copy of self-attested valid identity proof, proof of payment in the failure of which no further claims for the product shall be entertained and the management has all rights to discard the product or take necessary steps as per the company policy. We are looking forward for more opportunities to deliver better to you in future. For further information please contact our customer care 0422-4575555 or firstname.lastname@example.org
Regarding any product issues, the company and the customer shall communicate only through the official company email id and Contact number.
Customer Care Number: +91 9633606999
Email Address: email@example.com
Customer / Independent Distributor can make Grievances in either of the mentioned modes – Calls / Written Application / Email / Walk-in / Online Grievance Cell, etc.
Grievances received will be furnished into the internal Grievance software. A unique track Id will be generated against all the Grievances and will be provided to the customer / Independent Distributor on the registered Email Id and Mobile Number.
Customers / distributors need to keep the unique track Id secure with them in order to take follow-up against the Grievance.
At first instance Grievance is handled by the executive of the customer care team. The executive has a period of 7 working days to resolve the issue. In case executive is unable to handle the problem / grievance up to full satisfaction, the software escalates the issue to the next level of Grievance redressal committee.
Members of Grievance redressal committee are:
Mobile No.: +917403570273
Email Id: firstname.lastname@example.org
Mobile No.: +918056651999
Email id: email@example.com
Mobile No.: +919600617276
Email id: firstname.lastname@example.org
The committee will meet on a 15 day period (On 15th and 30th Calendar day of every month). All pending grievances will be disposed off by the committee in these meetings. If the grievance is not resolved within these 15 days, the grievance will be forwarded to next 15 day period and same will be intimated to the customer / distributor.
If the Grievance Committee is not able to resolve the issue in this time frame, the grievance is escalated to the Nodal Officer. Details of Nodal Officer are mentioned below:
Mobile Number: +91 9597611311
Email id: email@example.com
This document describes the agreement between Smart Way India Enterprises LLP("Company") and (NAME) ("Direct Seller") governed by the provisions of the Indian Contract Act 1872.
Company and Direct Seller enter into this agreement under the Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs guidelines on Direct selling issued vide memorandum F.No. 21/18/2014-IT(Vol-ll) dated 09th September, 2016, and any other laws in force, whereby both the parties have rights and obligation that are coextensive with the rights and obligations of the parties under the Indian Contract Act 1872.
1. This agreement describes the material terms of participation and shall:
a) Not compel or induce the Direct Seller to purchase goods or services in an amount that exceeds an amount that can be expected to be sold to the consumer within a reasonable period of time.
b) Allow or provide a direct seller a reasonable cooling-off period in which to cancel participation and receive a refund for goods or services purchased.
c) Allow a termination of contract with a reasonable notice, in such instance and on such terms where direct seller is found to have made no sales of goods or services up to two years since the contract was entered into, or since the date of last sale made by the direct seller.
d) Allow or provide for a buyback or repurchase policy for currently marketable goods or services sold to the direct seller at the said direct seller's request reasonable terms. e) Direct Seller and Company shall be guided by the provision of the consumer protection act 1986.
e) Allow or provide that all the problems arising shall be handled by the Grievance Redressal Committee consisting within seven days which shall consist of at least 5 officers of the each department namely Customer Complaints and Direct Seller Complaints.
Certain obligations of Direct Sellers
1. Direct Seller engaged in direct selling should carry their identity card and not visit the customer's premises without prior appointment/approval;
2. 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 prospective consumer;
3. 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 I consumers at the time of sale, namely:
a) Name, address, registration number or enrollment number, identity proof and telephone number of the direct seller and details of direct selling entity;
b) A description of the goods or services to be supplied;
c) Explain to the consumer about the goods return policy of the company in the details before the transaction;
d) The Order date, the total amount to be paid by the consumer along with the bill and receipt;
e) Time and place for inspection of the sample and delivery of good;
f) Information of his/her rights to cancel the order and I or to return the product in sale able condition and avail full refund on sums paid;
g) Details regarding the complaint redressal mechanism;
5. 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.
6. A direct seller shall not:
a) Use misleading, deceptive and I or unfair trade practices;
b) Use misleading, false, deceptive, and I 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;
c) Make any factual representation to a prospective direct seller that cannot be verified or make any promise that cannot be fulfilled;
d) Present any advantages of Direct Selling to any prospective direct seller in a false and I or a deceptive manner;
e) 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 I or services being sold by such direct seller which is false and I or misleading;
f) Require or encourage direct sellers recruited by the first mentioned direct seller to purchase goods and I or services in unreasonably large amounts;
g) Provide any literature and I or training material not restricted to collateral issued by the Direct Selling entity, to a prospective and I or existing direct sellers both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity;
h) Require prospective or existing direct sellers to purchase any literature or training materials or sales demonstration equipment.
We hereby declare that we have read and agree to the terms and conditions mentioned in
Company's website https://www.smartwaydirect.com/terms-condition
2019 All right reserved.