Figure99MegaMart

Contract

This Agreement was last modified on 18 February 2020.

These terms and conditions are construed in accordance with the model of Direct Selling Guidelines issued by the Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II) dated 9th September, 2016 read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or agreements between company and direct seller.

Between Figure 99 Mega Mart Private Limited, which is a registered company, having its Corporate Office at H. No.-17, Gali No.-6, Dhirpur, Village- Nirankari Colony, North West Delhi, Delhi- 110009 (Hereinafter referred to as ‘ Figure 99 ’) which expression shall, unless the context otherwise permits, include its successors and permitted assigns of the one part herein after called as First Party.

And

The person / entity who has filed the online / offline application form hereinafter referred to as ‘Business Associate’ which expression shall unless repugnant to the context or meaning there of be deemed to mean and include his / her / their legal heirs, executors, administrators and assignees of both the parties, hereby called as the Second party.

Whereas the first party is a registered Company under Companies Act, 1956 and the second party is willing to work with the first party after fully compliance of the Indian Contract Act 1872 read with the guidelines as provided by Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II) dated 9th September, 2016 on the following terms and conditions.

Definition:-

In this Agreement

  • 1. "Business Associate(s)" - Shall mean a person who has accepted the contract to undertake Direct Selling Business of Figure 99 and avail the financial or non-financial benefits.
  • 2. “Sponsor” - Sponsor shall mean an existing Business Associate who introduces a new customer to be a Business Associate of Figure 99 and whose name appears on the Application Form as the Sponsor.
  • 3. “Business Volume (BV)” - Shall mean the value on which the incentives will be calculated on sold products as per Figure 99 Business Compensation Plan.
  • 4. “Purchase Volume (PV)” - Shall mean Points which are gained by Business Associate on direct reference sales.
  • 5. “Downline” - means the Customers / Business Associates below a specific Business Associate respectively in the Genealogy as the context requires.

Terms: -

  • 1. This instrument hereafter referred to as the Contract, executed between Business Associate(s) and Figure 99 .
  • 2. No Fee is charged to become Figure 99 Business Associate(s).
  • 3. This agreement shall become effective on the date Figure 99 acknowledges and accept Business Associateship or enter the details of Business Associates in Figure 99 Database. Figure 99 at its discretion may except or reject this application without any reason including incomplete inaccurate, false or misleading information in application.
  • 4. That the first party agrees to allow the cooling off period of 30 days from the date of purchase / signing of Contract in order to cancel the agreement and to receive refund for goods or services purchased according to the buyback policy of the company.
  • 5. The First party agrees to allow buyback / exchange of goods within 30 days of purchase of product as per the refund policies of the company.
  • 6. Any Business Associate contravening any rules, regulation, policies, and procedures or causing any lawful loss to the company shall make this agreement liable for termination with immediate effect and the company shall have the right to file appropriate civil and criminal proceeding against him/her as the case may be.
  • 7. In case of Non Performance by the second party for the continuous 2 years First party will issue notice of Termination to the Second party. If the Second Party wishes to ask the First Party to review the decision to terminate, he / she shall make such a request to the First Party in writing within thirty (30) days from the date of notice of termination. If the First Party does not receive such request within the thirty (30) days period, the termination will automatically be deemed final.

Business Associate agrees that: -

  • 1. He / she entered into this contract as Business Associate of Figure 99 must be of 18 year and a person with sound mind capable to take decisions, independent entity, associated purely on the present contractual term, and shall have no power of authority to incur any debt, contracts, obligation or liabilities or to make any representation of any warranties on behalf of Figure 99 .
  • 2. He / she shall not be an employee or agent of Figure 99 or in any partnership relationship with Figure 99 or any other labor relationship with Figure 99 .
  • 3. He / she shall act as a Business Associate on his / her own name at his / her own responsibility for his / her account while purchasing and selling Figure 99 products.
  • 4. He / she shall not sell any Figure 99 product for price more than Maximum Retail Price (MRP).
  • 5. The relationship between Figure 99 and Business Associate shall be governed by the rules contained in this contract & Figure 99 Business Compensation Plan.
  • 6. Figure 99 may amend any of the terms and conditions in this contract and its website www.figure99megamart.com. If a Business Associate does not agree by such amendments he / she may terminate this contract within 30 days of such publication by giving a written notice to the company. Business Associate’s continued relationship with Figure 99 will be considered as an acceptance to all the amendments. He / She will understand the product cost or any of it is NON REFUNDABLE after lapse of 30 days from the date of Registration on website as well as by this agreement. The Company’s liability is limited to replace any defective material, at its own cost. If found and reported within 24 hours of delivery, via email to info@Figure99megamart.com or returned to the channel partner or relevant distribution center.
  • 7. The Business Associate agrees that his / her decision has been made directly by him / her and not under any influence. Before starting his / her relationship with Figure 99 he / she has read and understood all information given on the website www.figure99megamart.com.
  • 8. Figure 99 will deal exclusively with the Business Associate himself in respect of all business matters and will make all payments on account or return or refund through Bank transfer / account payee cheque drawn in favor of the Business Associate.
  • 9. Figure 99 authorizes Business Associates to share, release and circulate all or part of the information set forth herein to other Business Associates within or outside of India.
  • 10. He / she cannot transfer this agreement or any of the right or obligations arising out of it to anybody else without prior written consent of Figure 99 .
  • 11. He / she shall sell and deliver the product to other customers / Business Associates ethically and professionally.
  • 12. He / she shall provide bona-fide supervision and training to downline Business Associates including on-going contact, communication, encouragement and support.
  • 13. He / she shall be personally liable for all kind of taxes, via, or any other Government dues, levies or statuary liabilities arising due to any Earning / Income from Figure 99 .
  • 14. He / she has applied for Business Associateship of Figure 99 Products according to the terms and conditions mentioned in this Contract and Figure 99 Business Compensation Plan and are available on company’s website www.figure99megamart.com.
  • 15. Figure 99 reserves the right to recover back any income paid to any Business Associate under the following circumstances. (a) Product returned by under Buy Back Policy, (b) Returned to any Stockiest / Franchise under any applicable law or (c) Stolen or obtained by illegal means.
  • 16. Figure 99 reserves the full and absolute right, at any point of time, to withheld or suspend Business Associates benefits including but not limited to bonus, incentives, commissions, entitlements etc. In case he does not comply with the terms and conditions mentioned in the agreement.
  • 17. The Selling price (MRP) of any Figure 99 product is determined by Figure 99 and no Business Associate shall be allowed to reduce or increase the price including by way of tempering with the selling price as affixed or decided by Figure 99 on the Packing of the product. Breach of the regulation shall result in suspension or termination of Business Associateship by Figure 99 .
  • 18. Figure 99 reserves the right, at any point of time to revise the selling price including BV / PV Points of the products without any prior notice.
  • 19. A Business Associate shall be held liable and responsible for false claims, misrepresentation etc. About Figure 99 business, quality, quantity, content, usage or benefits of products other than those mentioned in authorized product catalogue specified by Figure 99 and all such acts shall lead to disciplinary action including suspension or termination of Business Associateship.
  • 20. A Business Associate shall not sponsor any person by improper way such as:

    a. Sponsoring a Business Associate who is already a Business Associate of another group.

    b. Sponsoring the spouse of a person who is already a Business Associate of another group.

  • 21. Figure 99 reserves the right to take following actions if improper sponsoring is proven to have occurred.

    Business Associateship shall be terminated with immediate effect. If the Business Associateship is terminated, all Business Associates who were improperly sponsored will be transferred to their original sponsors.

  • 22. He / she shall not be involved directly or indirectly (including by proxy) in any activities of other direct selling companies or any other activities that will bring negative effects to Figure 99 . Figure 99 reserves the right to terminate any Business Associates who commits such offence
  • 23. In the event of doubt as to the true meaning concerning this Figure 99 Business Associateship, or any portion thereof in relation to its translated versions, the English Version shall prevail.
  • 24. He / she is responsible for his / her Personal Income Tax liabilities, GST Registrations / Payments or any other taxes as per his / her Jurisdiction and that all commissions shall be transferred to his / her designate bank account after deducting necessary TDS, after submitting his / her Bank details, PAN and Aadhaar Card documents in lieu thereof.
  • 25. If English / Hindi is not my first language, the content of the above affidavit and the relevant agreement / contract have been explained to me in my vernacular language and I hereby state that I have fully understood and unconditionally agree to all the terms and conditions without any force, pressure whatever of any kind.

Company’s Rights and Obligations:

  • 1. The Company will make its products available to a Business Associate and shall pay him / her various commissions as set forth in the Compensation Plan or Company Policy.
  • 2. The Company shall comply with its obligations in accordance with this agreement.
  • 3. TDS as applicable will be deducted by the Company from the commissions paid to the Business Associate(s) as per the Income Tax Rules.
  • 4. Figure 99 may terminate this agreement by giving written notice for (a) breach of any term and condition of this agreement (b) Non - Performance (c) If Figure 99 for any reason arrive at the decision that he / she should not be continued as a Business Associate of Figure 99 .
  • 5. Advisory: Our Business Associate should follow “Just in Time” Policy rather than to stock the product. They should buy the product if and only when customer orders the product to them.
  • 6. In Case of dispute or any loss whether in contract, tort or otherwise the arising out of this agreement liability of Figure 99 shall not exceed the lesser of any of these

    a. Actual damage or loss assessed by arbitrator or any other dispute resolution arrangement adopted by both the parties,

    b. Total commission earned by the Business Associate during the preceding six months of the date of dispute.

  • 7. Any dispute arising in further between the Business Associate and Figure 99 shall be entertained by the court situated in the Palanpur Jurisdictions only.
  • 8. Products can be purchased by any mode of payment like Paytm / Debit Card / Credit Card / NEFT / RTGS / DD / Cheque / Cash accepted by Figure 99 company account only. Company authorized Franchise only dispatches the product to Business Associate. There is no payment acceptance through Franchise. Application form must be signed by Business Associate and Receipt and Invoice should be issued for each purchase. Business Associate signature would be compulsory in application form, below mentioned is a column for signature.
  • 9. All Incentives will be paid according to Figure 99 Business Compensation Plan.
  • 10. Company reserves the full and absolute right, at any point of time, even without any prior notice to change, vary or amend or modify the Figure 99 Business Associateship, Figure 99 Business Compensation Plan and any of its policies.