Terms & Condition
This Agreement is entered into between IIN EDUWORLD PRIVATE LIMITED, (IIN) a company incorporated under the Companies Act, 2013 and having its registered office at Vadodara (hereinafter referred to as the Company on the one part) & Any Business Owner/User who purchases the Product of the company, as detailed below (hereinafter referred to as the Business Owner/Preferred Customer on the other part)…Jointly addressed as parties.
The Business Owner unconditionally submits that he has clearly understood the constituents of the selected product, the optional marketing plan associated with it and the compensation/incentives/rewards linked with it and the conditions and limitations associated therewith. The Business Owner further unequivocally declares that any reliance on any promise or representation not contained in this agreement or any formal material of the company would entirely be at his own cost and risks.
For the purposes of this agreement, A Business Owner shall at all times be and shall act as an independent Business Owner only. Under no circumstances, whatsoever, the Purchaser shall be deemed to be an agent, employee or representative of the company. The agreement shall come into force as and when the Business Owner purchases the product / service online after accepting the terms and conditions therein. It shall be presumed that the Business Owner has understood the Terms and Conditions of this Agreement which are detailed herein below…
“Customer” means any person buying a product on MRP from the IIN Eduworld Private Limited.
“Preferred Costumer’’ means a Business Owner/ Preferred Customer shall be a person who submits an online application form as per the prescribed format (as displayed by clicking "CREATE YOUR ACCOUNT" button on our website (www.iinworld.com) and accepts the terms & conditions (Online Legal’s) and receives the purchased Product
“Business Owner” or “Independent Business Owner” or “IBO” means a person who has registered himself through a written contract to undertake direct selling business.
“Prospect” means a person to whom an offer or a proposal is made by the Direct Seller to join a Direct Selling Opportunity.
Direct Seller” means a person appointed or authorized, directly or indirectly, by a Direct Selling Entity through a legally enforceable written contract to undertake direct selling business on principal to principal basis (Also referred as IBO/ Preferred customer).
“Agreement” means the completed Application Form and contract that was submitted by the Business Owner and subsequently accepted by the Company.
“Business” means the direct selling business and the IIN Compensation Plan.
“Company” means IIN Eduworld Private Limited., which is a company incorporated under companies Act 1956 having its registered office at 6,7,8. 3rd Floor, S9 SQUARE, Besides- Lilleria Banquet, Sama-Savli Road,Vadodara-390024,GUJARAT,INDIA.
“IIN Compensation Plan” or “Compensation Plan” means the system followed by the direct selling entity to compensate the direct seller which illustrates the mode of sharing of incentives, profits and commission, including financial and non-financial benefits, paid by the direct selling entity to the direct sellers, on a monthly or periodic or yearly basis or both, as the case may be.
“Downline” means the Customers / Business Owners below a specific Business Owner respectively in the Genealogy as the context requires.
“Upline” means the Business Owner above a specific Business Owner respectively in the Genealogy, as the context requires.
“Genealogy” means the relationship or relative positioning of Business Owners in the Company’s database.
“Products” mean any products including services, unless the context otherwise requires.
“Business Owner Identification Number” means the identification number that the Company assigns to the Business Owner when the Company accepts that person as its Business Owner. Business Owner’s Identification Number is a unique number for each Business Owner and it will be used to identify that Business Owner through his / her business relationship with the Company.
“Referrer” means a Business Owner who refers Retail Customers or other Business Owner s by helping them to become Business Owner s of IIN.
“Buy Back Policy” IIN provides 30 days period to their Customers and / or Business Owner to return the product, where goods need to be returned in marketable position.
“Cooling Off Policy” IIN Compensation Plan allows the Business Owner to cancel their participation within a period of 30 days from the date of Contract signing and receive the refund of goods purchased.
“IIN Guarantee” IIN Eduworld Private Limited offers 100% guarantee to its Customers and / or Business Owner s on Product Quality by offering 30 day Buy Back and Cooling Off Period.
4. HOW TO BECOME AN INDEPENDENT BUSINESS OWNER (IBO)/PREFERRED COSTUMER.
1. To become an IBO of IIN EDUWORLD PRIVATE LIMITED, the individual must be an Indian citizen. He / she must have attained the age of Maturity and should be competent to enter into a contract as provided in the INDIAN CONTRACT ACT. Necessary proof thereof should be submitted as and when required by the Company.
2. Prospective customers should bear a good moral character and should not have any past or present criminal background or record.
3. People who want to be an IBO of IIN EDUWORLD PRIVATE LIMITED must fill and submit the Registration Form along with self-attested KYC documents as required by IIN EDUWORLD PRIVATE LIMITED.
4. Registration in IIN EDUWORLD PRIVATE LIMITED is 100% free.
5. IIN EDUWORLD PRIVATE LIMITED reserves the right to accept or reject any application / Registration Form without having to give any explanation whatsoever.
6. Once the prospect gets registered with IIN EDUWORLD PRIVATE LIMITED, the company allots a Special Code (Business Owner Identification Number) which allows the customer to purchase and sell IIN EDUWORLD products as an IBO.
7. IIN EDUWORLD shall allot only 1 Special Code on 1 Pan Number.
5. HOW A CUSTOMER CN BE A DIRECT SELLER?
After registering as a Customer with IIN Eduworld Private Limited, if a person wishes to Purchase and sell products of IIN Eduworld Private Limited and want to be a Direct Seller of IIN Eduworld Private Limited, he / she needs to:
1. Activate his / her Code within 7 days of his / her registration date.
2. To activate the Code, customer needs to purchase any product of his / her choice from IIN Office.
6. HOW A DIRECT SELLER CAN INTRODUCE A NEW CUSTOMER
1. Direct Seller engaged in direct selling should carry their identity proof (ID Card / Welcome Letter) and not visit the customer’s premises without prior appointment / approval.
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 / 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 / Buy Back 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 goods.
f) Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid.
g) Details regarding the complaint redressal mechanism.
h) Explain Cooling Off period in which he / she can cancel the participation and receive refund of the goods purchased.
7. BUSINESS ENTITY
For applications other than for a natural person, all legal documents along with stockholder details for applying legal entity (Proprietor / Ownership / HUF) shall be produced. They shall be submitted within ten (10) days from the date of application to the Company’s office in Vadodra, Gujarat, India. Failure to produce such documents may cause the application to be rejected.
8. CHANGES IN DIRECTORSHIPS OR SHAREHOLDERS
In the event of any changes in Directorships or Shareholders in said entities in clause 7, they shall immediately inform the Company of the change(s) and the Company shall have the right at its sole discretion to terminate or confirm their ownership.
9. REFUND & BUY BACK GUARANTEE
Customers and / or Business Owners are hereby notified that Products are subject to the refund and buy back guarantee stipulated in the Terms & Conditions found online, which apply accordingly to them.
10. RIGHTS & OBLIGSTIONS
10.01 Independent Representative
At the option of the Business Owner, he/she may pursue the business plan of the company Business Owner will be eligible to get commission on the personal sales and occurring in his/her organization due to his/her continuous Participation/ Training / Teaching / Help and Development to all the Business Owner in his/ her organization and with fulfillment of the conditions as per the Compensation plan, as explained on the company’s website www.iinworld.com. A IBO should continuously follow website changes for new updates.
10.02 Right to refer
Only the Business Owner has a right to refer Customers and / or refer another new Business Owner to the Company and enjoys the benefits under the Compensation Plan for doing so. When referring new Business Owner to the Company, the referring Business Owner shall give the person/s that he / she intends to refer a copy of the Terms & Conditions, the Business Owner Application Form with Contract, and details of the Compensation Plan.
10.03 No right to represent Company
The Business Owner is not a franchisee, Owner, employee, agent or Representative of the Company. He / she has no right to, and shall not, represent himself / herself as such. The relationship between the Business Owner and the Company is wholly governed by this Terms & Conditions. Any breach of this Terms & Conditions on the part of the Business Owner is a serious breach of the Terms & Conditions and may result in the immediate termination of his / her Business Ownership.
10.03.1 No right to represent Company: - As an Agent
The Business Owner has no right to negotiate or conclude any contract on behalf of the Company. Nor shall he / she hold himself / herself out as having such a right. He / she shall not represent himself / herself as an agent of the Company.
10.03.2 No right to represent Company: - As an Employee
As Business Owner is not an employee of the Company, any costs he / she incur in the development of his / her business are at his / her own expenses. He / she shall not be entitled to seek reimbursement from the Company.
10.04 Rights to Company literatures and communication, etc.
Business Owners may receive periodic literature and other communication from the Company. They will also be invited to, and upon payment of appropriate charges if applicable, participate in Company-sponsored support, service, training, motivational and recognition functions. They may also be invited to participate in promotional and incentive contests and programs sponsored by the Company for its Business Owners.
Business Owners should not:
- Provide any literature and / or training material not restricted to collateral issued by the Direct Selling entity, to a prospective and / or existing direct seller both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity.
- Require prospective or existing direct sellers to purchase any literature or training materials or sales demonstration equipment.
10.05 A direct seller shall not:
a) Use misleading, deceptive and / or unfair trade practices.
b) Use misleading, false, deceptive, and / or unfair recruiting practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective direct seller, in their interaction with prospective direct sellers.
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 / 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 / or services being sold by such direct seller which is false and / or misleading.
f) Require or encourage direct sellers recruited by the first mentioned direct seller to purchase goods and / or services in unreasonably large amounts.
10.06 Legal Compliance
Business Owners must comply with all laws, statutes, regulations and ordinances concerning the operation of their Business Owners business.
A direct seller shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods sold by him / her, in such form as per applicable law.
10.08 Tax, expenditures, etc.
Business Owners are personally responsible for paying local, state, central government taxes (Where Applicable) on any income they generate as Business Owners. It is absolutely mandatory to pay VAT / Service Tax once the Business Owner crosses the VAT / Service Tax threshold. Unless required by laws in India, regulations or rules in any relevant countries.
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.
TDS (tax deducted at source) certificate will be issued to the Business Owners only after the Business Owner has complied with all the KYC documentation including copy of his PAN card (permanent account number card).
10.09 Claim of workmen’s compensation
Similarly, the Company is not responsible for payment or co-payment of any employee benefits for its Business Owners. Business Owners are responsible for their own liability, health, disability and workmen’s compensation insurance, etc.
10.10 Cross Sponsoring / Cross Recruiting
Business Owner understands that cross sponsoring, cross recruiting and cross line jumping is prohibited in The Program and may result in the imposition of penalty, as more fully set forth hereafter, but may include immediate termination of this Agreement. "Cross sponsoring" means soliciting a Business Owner or any closely related person or entity into a downline different from the existing down line for that Business Owner. "Cross recruiting" means soliciting a Business Owner, except personally sponsored Business Owner, or a closely related person or entity, into another Network Marketing company. A "closely related person or entity" is any person in the household of the Business Owner (e.g. spouse, son, daughter, parent living in the same household) or any corporation, Ownership, limited liability Company, trust or other legal entity, which is controlled by the Business Owner. "Cross line jumping" means a Business Owner or any closely related person or entity voluntarily taking a Business Center that is not in the same downline as the one in which the Business Owner first was enrolled.
11. CLAIMS & MISREPRESNETATION
11.01 Income Claims
Business Owner understands that although Business Owner may refer other Business Owner into the Program, the Program does not allow Business Owner to profit solely from the activity of referring other Business Owner. Incentives are paid only on ACTUAL SALES that are made by Business Owner or by other Business Owners that fall into Business Owner’s Downline. No one has made any promise or guarantee that Business Owner will derive any specific income or profit as a Business Owner. Business Owner understands that any income the Business Owner earns in the program is determined by Business Owner’s personal activity. Business Owner understands that incentives shall be paid only to the qualified “Product selling" Business Owner and to his or her Downline and Upline. Business Owner shall not make any income representations except those set forth herein or otherwise specifically set forth in official The Company material. Other promotional campaigns, and associated bonuses, gifts, tours if any, are temporary and must be clarified so..
11.02 Product Claims
No claims regarding any therapeutic or curative effects of any IIN Eduworld Private Limited products may be made, except those officially approved in writing by the Company or as contained in official literature. In particular, the Business Owner shall NOT make any statement / representation of any “guarantee” of cure or state that IIN Eduworld Private Limited products are effective in treatment of any skin or hair disease or disorder by giving or specifying any percentage (%) of cure. Such statements can be perceived as unfair trade practices, and as such, violate Terms & Conditions. Violation of this clause will result in immediate termination for the said Business Owner. Refer to Termination clause.
11.03 Representation of Status
In all Cases, any reference the Distributor makes regarding himself / herself must clearly set forth the Business Owner’s Independent status.
11.04 Business Cards & Stationary
Any printed material, including business cards and stationery, must be approved by the Company in advance. Criteria for approving these materials will include a judgment regarding the quality of the materials as well as properly setting forth the independent status of the Business Owner.
12. Resignation, Suspension and Termination
Distributor may be suspended for violating any terms of the Agreement, Terms & Conditions, the Compensation Plan, and / or any other relevant documents produced by the Company.
Business Owner may voluntarily resign from and / or terminate his / her Business Owner by tendering thirty (30) days’ written notice of such voluntary resignation or termination to the Company. Acceptance of voluntary resignation and / or termination upon the receipt of such notice is at the sole discretion of the Company.”
When a decision is made to suspend the Business Owner, the Company will inform the Business Owner in writing of the decision, the effective date of the suspension, the reason(s) for the suspension, and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the Business Owner’s address on file pursuant to the notice provisions contained in the Terms & Conditions. Such suspension may or may not lead to termination of the Business Owner as so determined by the Company at its sole discretion. If the Business Owner wishes to ask the Company to review the decision, he / she shall make such a request in writing to the Company within fifteen (15) days from the date of the suspension notice. The Company will review and consider the suspension and notify the Business Owner in writing of its decision within thirty (30) days from the date of the receipt of the Business Owner’s written request. The Company will thereafter not further review its own decision. The Company may take certain action(s) during the suspension period, including, but not limited to, the following:
- Prohibiting the Business Owner from holding himself as Business Owner or using any of the Company’s proprietary marks and / or materials.
- Withholding Incentives and / or rewards due to the Business Owner during the suspension period.
- Prohibiting the Business Owner from purchasing products from the Company.
- Prohibiting the Business Owner from referring new Business Owners, contacting current Business Owners, or attending meetings of Business Owners.
- If the Company, at its sole discretion, determines that the violation that caused the suspension is continuing, and has not satisfactorily been resolved, or a new violation involving the suspended Business Owner has occurred, the suspended Business Owner may be terminated.
Dependent upon the seriousness of the violation, Business Owner may be immediately terminated for violating the terms of the Agreement, Terms & Conditions, Compensation Plan, and / or any other relevant documents produced by the Company. The Company may, at its sole discretion, terminate a violating Business Owner without placing the Business Owner on suspension. When the decision is made to terminate the Business Owner, the Company will inform the Business Owner in writing to the address in the Business Owner’s file that the termination has occurred.
If the Business Owner wishes to ask the Company to review the decision to terminate, he / she shall make such a request to the Company in writing within fifteen (15) days from the date of notice of termination. If the Company receives no such request within the fifteen (15) days period, the termination will automatically be deemed final. If the Business Owner files a timely written request, the Company will review the decision and notify the Business Owner of the result of the review within thirty (30) days after receipt of the Business Owner’s request. Thereafter, the Company will not further review its own decision. In the event the termination decision is not reversed, the termination will remain effective as of the date stated in the original termination notice.
Company shall allow for the termination of contract, with reasonable notice, in such instances and on such terms where a direct seller is found to have made no sales of goods or services for a period of up to two (2) years since the contract was entered into, or since the date of the last sale made by the direct seller.
12.04 Effects of resignation, suspension and termination
After resignation, the former Business Owner shall not further represent himself / herself as the Business Owner of the Company, and shall cease to use any materials bearing the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any products, plan or program of the Company. He / she shall have no rights to enjoy any benefits under the Agreement, Terms & Conditions, and / or the Compensation Plan.
If the Business Owner is suspended, he / she shall not before the removal of his / her suspension, further represent himself / herself or hold himself / herself out as the Business Owner of the Company. Nor shall he / she use any materials bearing the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any products, plan or program of the Company. He / she shall have no rights to enjoy any benefits under the Agreement, Terms & Conditions and / or the Compensation Plan. But he / she shall be allowed to retain his / her Business Ownership pending the final resolution of his / her case. Any Incentives and / or rewards payable to him / her should he / she not be suspended shall be retained by the Company. If the suspension of the Business Owner is subsequently removed, all outstanding Incentives and / or rewards shall be paid to the Business Owner. However, if the Business Owner is subsequently terminated, the termination shall be treated as effective from the effective date of the suspension and all Incentives and / or rewards retained as aforesaid by the Company shall be forfeited forthwith to the Company.
Immediately upon termination, the terminated Business Owner:
- Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any product, plan or program of the Company.
- Must cease representing himself / herself as a Business Owner of the Company.
- Loses all rights to his / her Business Owner position in the Compensation Plan and to all future Incentives and earnings resulting there from.
- Must take all actions reasonably required by the Company relating to protection of the Company’s confidential information. The Company has the right to set off any amounts owed by the Business Owner to the Company including, without limitation, any indemnity obligation incurred, from Incentives and / or rewards or other compensation due to the Business Owner.
Business Owner who resigns his / her Business Ownership may reapply as a new Business Owner but such reapplication will only be considered three (3) months after resignation. The acceptance of any reapplication of a terminated Business Owner shall be at the sole discretion of the Company.
A non active Business Owner can be enrolled by other referrer only after the period of 6 months. In this case the first referrer of the Business Owner cannot claim it as snatching.
“Non Active Business Owner” means the Business owner who has not purchased any product from the company within a period of 6 months from the date of his / her registration.
13. Proprietary Information
13.01 It is mutually agreed by and between the parties that:
- Software [if any] that is made available by the IIN Packages is the copyrighted work of the company and or its suppliers. A Subscriber's use of the Software is governed by the terms of the end user license Agreement, if any, which accompanies or is included with the software ["License Agreement"]. A Subscriber may not install or use any Software that is accompanied by or includes a License Agreement unless he/she first agree to the terms of License Agreement. For any Software not accompanied by a license- Agreement, the company hereby grants to Subscriber, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Any IIN package in accordance with these Terms and Conditions and for no other purpose provided that Purchaser Subscriber keep intact all copyright and other proprietary notices. Subscriber should clearly note that all Software, including without limitation all HTML code and programming code contained in the Educational Package, is owned by the company and or its suppliers and is protected by copyright and intellectual property laws of the land and international laws.
- Online Courses/Tutorials that are made available by the IIN Packages are the compiled work of the company’s suppliers who have represented that they have compiled it from various unrestrictive independent resources to design it into a relevant course content which has the potential to enhance the computer literacy of the user and also to help the user in self-generation employability. It is expressly stated that the company takes no responsibility for the
- Any reproduction or redistribution of the Software / Courses / Tutorials or any other material given on the website (www.iinworld.com) is explicitly prohibited by law and may result in severe civil and criminal liabilities.
- Copying or reproduction of the Software / Courses / Tutorials or any other information given on the website www.iinworld.com to any other server or location for further reproduction or redistribution is explicitly prohibited. The software is warranted, if at all, only according to the terms of the license Agreement.13.02 It is mutually agreed by and between the parties that:
- The information, software, products and services included on the IIN Product may have inaccuracies, typographical mistakes or unintentional errors. Corrections and Changes will be effected periodically to the information therein.
- The company may make improvements and/or changes to IIN Product at any time.
- Advice received via IIN Product or in any manner from the company or its advisers should not be relied upon for personal, medical, legal or financial decisions. A Subscriber is Free to consult any appropriate professional for specific advice tailored to his/her situational need.
- The company and/or its respective suppliers make no representations about the suitability, reliability, timeliness and accuracy of the information, software, products, services and related graphics contained in the IIN Product for any purpose. All such information, software, products, services any related graphics are provided "as is" without warranty of any kind.
The company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title and non-infringement.
The company and/or its suppliers shall not be liable in any event for any direct, indirect, punitive, incidental, special , consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of the use or performance of the IIN Packages with delay or inability to use the IIN Packages, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the IIN Packages or otherwise arising out of the use of the IIN Packages, whether based on contract, strict liability or otherwise , even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to a Subscriber. If any Subscriber is dissatisfied with any portion of the IIN Packages, or with any of these, the sole and exclusive remedy is to discontinue using the IIN Packages.
13.03 Confidentiality Agreement:
- Subscriber understands that the Company marketing plan, Associate lists and official literature are proprietary information and are considered trade secrets of The Company. Subscriber hereby agrees to not directly or indirectly disclose or use any of said confidential or proprietary information except to specifically promote the Company business in accordance with the provisions of this Agreement. Subscriber further agrees that this provision shall survive the expiration or termination of this Agreement for a period of one year, or as per governing company policy.
13.04 Trademarks and Marketing Materials:
Subscriber will not use the Company trade names and/or trademarks except to promote the Company business. In all such authorized use, Subscriber will make clear that Subscriber is an Independent IBO and the advertising is the Subscriber’s and not the Company's. The Company makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof.