Terms and conditions

Terms & Conditions for IBO (Indivisual Business Owner)

The domain name www.dlpindia.in (hereinafter the DLP Website) is owned by DLP Online Marketing Solutions Private Limited, a company incorporated under the Companies Act, 2013 (18 of 2013) - [Pursuant to sub-section (2) of section 7 and sub-section (1) of section 8 of the Companies Act, 2013 (18 of 2013) and rule 18 of the Companies (Incorporation) Rules, 2014] with its CIN U74999DL2020PTC371713 by Ministry of Corporate Affairs and Registered Office at 2650-A, 67-A, Molarband Ext., Badarpur, New Delhi, Delhi, India, 110044.

If you visit the website, you accept these terms and conditions. Your use of the Website is governed by the following terms and conditions ("Terms of Use") as applicable to the Website. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By more use of the Website, You shall be contracting with DLP and these terms and conditions including the policies constitute your binding obligations, with DLP.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who is a “Guest user” or who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as “IBO”, “Registered User” using the computer systems. DLP allows the User to surf the Website or making purchases without registering on the Website.

It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

The applicant intending to become IBO (Individual Business Owner) shall go through these terms and conditions and if he/she agrees and accept these, he/she shall append his signature in the column provided here under as token of his/her acceptance. Choosing the sponsoring and consent to join the group is exclusive decision of applicant. There is no role or any suggestion of the company in taking such decision by the applicant. Further there is no any charge for becoming a IBO of the company. The company exclusively uses its website to display the details of the products, marketing method/plan, sales incentives and business monitoring etc.

DEFINITIONS

As used herein, the following terms shall have the meanings set forth below:

1. "IBO” (Individual Business Owner) shall means that it is the identity of the person who joins the company and does business together with the company. It is the system & an opportunity to any user or marketing method of distribution of goods and services.
2. "User ID/DLP ID" Means a unique identification number issued by the company to the IBO. No communication will be entertained without a unique ID and password. IBO shall preserve the Unique ID and Password properly as it is a "must" for logging on to the website.
3. "Website" means the official website of the company i.e. www.dlpindia.in or any other website, which the company may notify time to time.

THE APPOINTMENT AND UNDERSTANDING

1. The Company upon scrutiny and verification of the Application may register the Applicant as "IBO" for selling the goods/products of the Company. The Company shall be at liberty to accept or reject the application at its discretion without assigning any reason whatsoever. Allotment of password and Unique ID by the company shall be construed as the registration of IBO.

The applicant hereby covenants as under:

1. That he has clearly understood the marketing methods/plan, the incentive plan, its limitations and terms & conditions. He/she agrees that he/she is not relying upon any misrepresentation/s or fraudulent inducement or assurance or commitment that is not set out in the terms and conditions/marketing plan/incentive plan or any other officially printed or published materials of the Company.
2. Registration of ID is free of cost but IBO needs to activate his/her registered ID from any one of the "Activation Package" within seven (7) days. Otherwise, the registered ID will expire and you will need to register a new ID again.
3. Relation between the Company and the IBO shall be governed, in addition to these terms & conditions, by the rules and procedure mentioned in the marketing plan, available on website or provided by the company in any manner. The IBO further confirms that he/she has read and understood the terms & conditions carefully and agrees to be bound by them.
4. IBO is an independent contractor, and nothing contained in these terms & conditions shall be construed to:
   • • -Give any party the power to direct and control the day-to-day activities of the other
   • • -Constitute the parties as partners, joint ventures, co-owners or otherwise, or
   • • Allow IBO to create or assume any obligation on behalf of Company for any purpose whatsoever.
5. IBO is not an employee of Company and shall not be entitled to any employee's benefits. IBO shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, VAT, Service Tax, and other taxes chargeable to IBO on amounts earned hereunder. All Legal, Statutory, financial, and other obligations associated with IBO's business shall be the sole responsibility of IBO.
6. It is made and understood in very clear terms that IBO is not an Agent, Employee nor an authorized representative of the Company or its service providers. He is not authorized to receive/accept any amount/payment for and behalf of the Company and any payment received by him/her from any party shall not be deemed to be received by the Company.
7. IBO, hereby declare that all the information furnished by him/her are true and correct. Company shall be at liberty to take any action against the IBO in case it is discovered at any stage that the IBO has furnished any wrong/false/misleading information to the Company or other IBOs.
• • -Give any party the power to direct and control the day-to-day activities of the other.
• • -Constitute the parties as partners, joint ventures, co-owners or otherwise, or
• • Allow IBO to create or assume any obligation on behalf of Company for any purpose whatsoever.
2. The IBO shall enjoy the following privileges:-
1. Incentive for effecting a sale of goods /products of the Company as per the marketing plan.
2. No territorial restriction to sale the goods/products in India.
3. Search and inspect his/her account on the website of the Company through the Unique ID and password awarded by the Company.
4. The incentive of the IBO shall be in proportion to the volume of performance by the IBO either by his personal-efforts or through the team as stipulated in the marketing plan of the Company.

OTHER GENERAL TERMS AND CONDITIONS

1. General Duties
1. IBO shall use his/her best efforts to promote the sale of goods and services and maximize them. IBO shall also provide reasonable assistance to Company in promotional activities. IBO will assist the company by taking part in all promotional events, use the marketing inputs judiciously for maximizing orders for the company. IBO shall offer accurate and complete explanations and demonstrations of goods and services, price, payment terms, return policies etc. to a prospective consumer. He/she shall also take care for all obligations, provisions, terms and conditions etc.
2. The Company reserves its right to withheld/block/suspend the IBO in the event the IBO fails to provide any details as desired by the Company from time to time including but not limited to his/her Pan Card details.
3. In case the IBO losses his contractual capacity due to any reason or in case of death of the IBO, either his nominee or one of the legal heir with the written consent of all the legal heirs may join the Company as IBO in place of the deceased provided he applies in the prescribed form and undertakes to abide all rules and regulations, terms and conditions, etc. in the same manner as that of original IBO. In case of failure to arrive at such consent within six months from the date of death of the IBO or losing his/her contractual capacity, the Company shall be at liberty to terminate the Unique ID. For this period the Company will keep his/her Unique ID in abeyance.
4. IBO shall be solely responsible for all the arrangements, expenses, permission from local authorities, complying with rules of Central Government, State Government, local body or any other Government body for the meetings and seminars or any other event conducted by the IBO.
5. IBO is prohibited from listing, marketing, advertising, promoting, discussing, or selling any product, or the business opportunity on any website/online portal/mobile application/online forum/or any other manner that offers like auction as a mode of selling.
6. The IBO hereby undertakes not to compel or induce or mislead any person with any false statement /promise to purchase products from the Company or to become IBO of the Company.
2. Modification of The Terms and Conditions

Notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, or vary the terms and conditions, products, marketing plan, business, and any other policies at any time without any prior notice. The modification shall be published through the official website of the Company or any other mode as the company may deem fit and proper and such modification/amendment shall be applicable and binding upon the IBO from the date of such modification/notification. If the IBO does not agree to such an amendment, he/she may terminate his/her IBOs within 45 days of such publication by giving written notice to the Company to such effect. Without any objection to such modifications/alterations, if IBO continues his/her activities, it shall be deemed that he/she has accepted all modifications and amendments in the terms & conditions.

3. Sole Compensation (Incentive)

The Company shall pay incentive to IBO as prescribed in the marketing plan. The marketing plan shall be available on the website of the company. The sales incentive will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of sales incentive from time to time. The Company does not guarantee/assure any particular or fixed facilitation fees or fixed income to the IBO.

4. Additional Responsibilities of IBO
1. Expense of Doing Business
2. IBO shall bear the cost and expense of conducting its business in accordance with these terms and conditions. The company will not entertain any re¬imbursement on any expense made by the IBO other than the sales incentive earned by the IBO as per the Marketing Plan.
3. Use of Marketing Material with Prior Permission
4. Use of company logo, product logo, any advertising/ promotion/marketing activity conceived originally by the IBO shall be first approved in writing by the company before being used/ implemented.
5. Customer Complaints
6. IBO shall notify the Company if any Customer's complaints regarding either the Products or the services by the IBOs and immediately forward to Company the information regarding those complaints.

TERMINATIONS AND CESSATION

The Company shall be at complete liberty to terminate the contract with IBO in the occurrence of any of the following event:-

1. Where an IBO is found unable to maintain minimum re-purchases (fixed by the company time to time) by himself/herself of goods and services every month.
2. Where IBO failed to comply with any terms and conditions.
3. Where information given by IBO found wrong/false/misleading.
4. Where IBO is convicted of an offense punishable imprisonment of whatever term.
5. Where IBO resigns voluntarily.
6. Where company deem it necessary to terminate the IBO in the interest of company's business or in the interest of others IBO's connected in his/her group/teams:

-Return of materials. All of Company's trademarks, trade names, data, photographs, literature, and sales aids, all kind of customer related database and any other information generated shall always remain the property of Company. IBO shall not make or retain any copies of any confidential items or information that may have been entrusted to it. Effective upon the termination of IBO, he/she shall cease to use all trademarks, marks and trade name of Company.

-The company is free to review the performance of IBO at timely intervals. Any IBO not performing to the full satisfaction of the company in terms of securing new orders, in compliance of company's policies and terms and conditions is liable to be terminated.

CONFIDENTIALITY

IBO acknowledges that by reason of its relationship to Company hereunder, it will have access to certain information and materials concerning Company's business plans, customers, technology, and products/services that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. IBO agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by the Company.

Company shall advise IBO whether or not it considers any particular information or materials to be confidential. IBO shall not publish any description of the Products/Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by IBO of any confidential information of the Company.

RECOURSE AND JURISDICTION

The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Subject the Arbitration Clause of these terms & conditions, all Disputes, either civil or criminal in nature, shall be subject to the exclusive jurisdiction of the courts in New Delhi and nowhere else.

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, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the company's asset by the government to any other government/semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.

SOLEMNLY AFFIRM AND DECLARE AS FOLLOWS:

• That I have read and understood the terms and conditions for appointment of IBO of the Company.
• I have also gone through the Company's official website, printed materials, brochures and convinced about the business and I have applied to appoint me as a IBO on my own volition.
• I declare that I have not been given any assurance or promise or inducement by the Company or its Directors in regard to any fixed income incentive, prize or benefit on account of the products purchased by me.
• I have clearly understood that eligibility of income exclusively depends on my performance in business volume as per the business plan. I further agree that company reserves the right to change the Business Plan at any point of time without any prior notice.
• I undertake not to misguide or induce dishonestly anybody to join the Company.
• I hereby agree and adhere to the terms and conditions as stipulated along with the application form and as mentioned above to agree to purchase the product as Consumer/to do the IBO activities.
• I hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the Company.