AIWO Limited, a company incorporated under the Companies Act, 1956 and having its Registered Office at No. 85, Santhome High Road, R.A. Puram, Chennai- 600028 (hereinafter referred to as “AIWO” which expression shall, unless repugnant to the meaning or context hereof, be deemed to include its successors and permitted assigns), of the First Part;
The person/entity who has filed the online/offline application form available on the official website of AIWO (hereinafter referred to as “Independent Distributor” which expression shall, unless repugnant to the meaning or context hereof, be deemed to include his/her/their legal heirs, executors, administrators and assigns), of the Second Part.
Whereas the AIWO is a registered company under Companies Act, 1956 and the Independent Distributor is willing to work with the AIWO in full compliance of the Indian Contract Act, 1872 read with the Tamil Nadu Direct Selling Guidelines Order, 2018 issued by the Governor of Tamil Nadu vide G.O. Ms. No. 136, Co-operation, Food and Consumer Protection (H2) dated 1st October, 2018 with the prior concurrence of the Central Government vide F.No.21/18/2014-IT (Vol-II), Ministry of Consumer Affairs, Food & Public Distribution, Department of Food & Public Distribution, dated 9th September, 2016 on the following terms and conditions.
1. That the Independent Distributor undertakes that he/she/they are 18 years and above and are of sound mind and competent to enter into to agreement to contract as provided in the Indian Contract Act.
2. The Independent Distributor further undertakes that he/she/they have not been declared insolvent by the court and have not been convicted by any court of law.
3. The Independent Distributor hereby agrees that all the information furnished which includes documentary proof of personal identification and address proof, as per KYC process framed by the AIWO on its website is true and proper.
4. The Independent Distributor hereby confirms that the AIWO has the rights to accept or reject application given by the Independent Distributor at its own discretion, including but not limited to the reasons such as the application contains incomplete, inaccurate, false or misleading information. Any alteration or modification shall be subject to verification.
5. The Independent Distributor further confirms that he/she/they covenants to act as an Independent Distributor and nothing in this contract shall establish an employee-employer relationship or any other labour relationship between the AIWO and Independent Distributor and nothing shall establish the Independent Distributor’s position as procurer, broker, commercial agent, contracting representative or other legal representative of the AIWO.
6. The Independent Distributor hereby agrees that the profile and designation will be awarded as per the Business Plan of AIWO at its sole discretion and nothing in this contract shall confer rights upon Independent Distributor to interfere with the affairs of AIWO.
7. The Independent Distributor confirms that he/she/they are not charged with any registration fee by AIWO to become an Independent Distributor.
8. The AIWO hereby 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 funds for the products purchased according to the buyback policy of the AIWO.
9. The AIWO agrees to allow buyback/exchange of products within 30days of purchase of products as per the refund policies of the AIWO.
10. The AIWO agrees not to compel or induce the Independent Distributor to make bulk purchases.
11. The Independent Distributor hereby agrees, not to represent, sell or distribute the products and brands of any other direct selling entities during the tenure of this agreement.
12. The Independent Distributor hereby agrees that they will provide all details of the AIWO i.e. Direct Selling Entity to the prospective customer at the time of representing the AIWO which includes description of the products.
13. The Independent Distributor hereby further agrees that he/she/they shall carry their identity cards/and any other identification mark given by the AIWO and shall not visit the prospective customer’s premises without prior appointment.
14. The Independent Distributor further agrees that at the initiation of the representation to the prospect customer, they shall identify themselves truthfully and they will clearly represent the identity of the AIWO, nature of the products and the purpose of the solicitation to the prospective customer.
15. The Independent Distributor hereby agrees that he/she will render accurate and complete explanations and demonstrations of the products, prices, credit terms, payment terms, buyback/exchange/refund policies and terms of guarantee after sales service or any other policies of the AIWO.
16. The Independent Distributor hereby agrees that he/she/they will get the incentives as per the Compensation Plan of the AIWO after deduction of the necessary TDS as applicable as per the Income Tax Act and its Rules thereon.
17. The Independent Distributor hereby undertakes to pay all the Govt. taxes (Whatsoever of any kind) as and when applicable and shall not hold responsible the AIWO for the same.
18. The Independent Distributor undertakes not to repack the product or tamper the label of the products of the AIWO at any point of time.
19. The Independent Distributor agrees not to list, market, advertise, promote, discuss or sell any product or the business opportunity on any website/online portal/mobile application/online forum/or in any other manner without the prior approval from the AIWO.
20. The Independent Distributor further agrees that he/she/they shall neither mislead the prospective customer nor shall do false, deceptive or unfair practices including misrepresentation ot actual or potential sales or earnings and advantages of direct selling to any prospective customer in their interaction with prospective Independent Distributors.
21. The Independent Distributor agrees that he/she/they shall not make any factual representation to prospective Independent Distributor, which cannot be verified or make any promise which cannot be fulfilled against the policies of the AIWO.
22. The Independent Distributor agrees that they shall not knowingly make, omit, engage, cause or permit to be made, any representation relating to the direct selling operation, including Compensation Plan and agreement between the parties, or the products being sold by such Independent Distributor, which is false and/or misleading.
23. The Independent Distributor hereby agrees that he/she/they shall not provide any literature and/ or training material not restricted to collateral issued by the AIWO to a prospective customer and/or the Independent Distributor within and outside the parent Direct Selling Entity which has not been approved by the AIWO.
24. The Independent Distributor hereby agrees that, it will be their sole responsibility to sell the products, purchased from the AIWO by their skill, ability and personal application, products once sold, will not be taken back under any circumstances other than the buyback policy of the AIWO and the risk of loss and damages shall be sustained by the Independent Distributor only with their own cost. This risk is transferred to the Independent Distributor immediately after pick-up of the product or on behalf of them i.e. agent or transport carrier etc., from the AIWO.
25. The Independent Distributor hereby agrees to defend, indemnify and hold harmless to the AIWO against any liability, losses, damages or costs or any legal costs, incurred or suffered by the AIWO as a result of any breach, negligence, act or omission or willful default on the part of the Independent Distributor or their representative arising either directly or indirectly due to the performance or non-performance of the Independent Distributor or on behalf of them.
26. The Independent Distributor hereby acknowledges that their relationship with the AIWO or by virtue of this agreement, they and their employees, shareholders, officers, directors, principals, agents and contractors (collectively representative) shall hereafter continue to be entrusted with confidential information, the discloser of any information to competitors of the AIWO or to the general public would be highly detrimental to the best interest of the AIWO.
27. The Independent Distributor hereby agrees that AIWO reserves the full and absolute right to change, vary or amend or modify the AIWO Independent Distributor Compensation Plan and any of its policies at any point of time, even without any prior notice to the Independent Distributor.
28. Both parties agree that the Compensation Plan shared on the company’s website is the only Compensation Plan that is followed by the AIWO and AIWO shall not be responsible for any claims arising out by the Independent Distributor for incomes other than the Compensation Plan available on the website.
29. Both parties hereby agree that all control and monitoring of the practices and methods shall be at the discretion and control of the AIWO.
30. AIWO hereby agrees to issue Unique Independent Distributor’s Identification Number along with password to allow the Independent Distributor to log on to their respective business account on the website of AIWO as a token of acceptance of the application for Independent Distributor that is not transferable under any circumstances.
31. The Independent Distributor hereby agrees that he/she/they shall approach the Grievance Redressal Committee of the AIWO formed in accordance with the Direct Selling Guidelines within 30 days of dissatisfaction according to Grievance Redressal Policy of the AIWO before resorting to any other legal remedies.
32. The Independent Distributor hereby undertakes that he/she/they shall not act against the policies of AIWO and in the event of his/her/their conduct is found to be detrimental to the interest of AIWO, AIWO is at liberty to terminate the contract with 15 days prior notice.
32. In case of Non Performance by the Independent Distributor continuously for 2 years, AIWO shall issue notice of Termination to the Independent Distributor. If the Independent Distributor wishes to seek the AIWO to review the decision to terminate, he/she/they shall make such request to the AIWO in writing within thirty (30) days from the date of notice of termination. If the AIWO does not receive such request within the thirty (30) days period, the termination will automatically be deemed final.
33. All disputes, questions or differences whatsoever which shall either during the subsistence of the agreement or after the termination thereof arise between the parties hereto or their respective representatives, touching these presents or the interpretation and/or construction or the application thereof or anything herein contained shall be resolved by Arbitration under Indian Arbitration and Conciliation Act and/or its statutory amendments, modifications and re-enactment. The place of arbitration shall be Chennai, Tamil Nadu only.
34. Both the parties have signed this contract after understanding the contents in their vernacular language with their free mind, and without any force/duress whatsoever of any kind.
By clicking the agreed column, the Independent Distributor undertakes that he/she/they have read & understood all the terms and condition forming part of Independent Distributor Application, the Compensation Plan and refund policies of AIWO Limited and agree to abide by them.
In view of the acceptance of the terms and conditions of the agreement by the applicant, the application for of the applicant is hereby only accepted on behalf of the AIWO Limited. The final acceptance would be at the management Discretion after evaluation KYC & other norms.