Terms and Condition
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS.
PLEASE DO NOT USE THIS WEB SITE IF YOU DO NOT ACCEPT THESE TERMS.
The CHANAK MART ECOMMERCE PVT LTD Independent Business Associate Agreement shall be deemed to be effective and valid from the date of confirmation of a person as an IBA of CHANAK MART ECOMMERCE PVT LTD pursuant to execution of the IBA Form by of CHANAK MART ECOMMERCE PVT LTD, which shall be incorporated hereunder.
By successfully executing the Form, You hereby agree to be bound by the terms and conditions of this Agreement and give your irrevocable consent to the process of selling the products of CHANAK MART ECOMMERCE PVT LTD in the manner stipulated herein, and any appropriate changes that may be made to the terms and conditions of this Agreement by CHANAK MART ECOMMERCE PVT LTD, including due to any legal or regulatory requirement, business exigencies, instructions from any Judicial or quasi-Judicial body or due to any natural calamity beyond the reasonable control of CHANAK MART ECOMMERCE PVT LTD, its affiliates and associates or for any other reason.
1. Subject to this Agreement,
CHANAK MART ECOMMERCE PVT LTD hereby appoints the IBA and the IBA hereby accepts its appointment on a principal-to-principal, non-exclusive basis to use, promote and resell the products in India.
2. Upon executing the Form, you agree to register on the CHANAK MART ECOMMERCE PVT LTD website, available at www.cashlessindia.online with a unique IBA ID and password.
3. Simultaneous to or within 15 (fifteen) days from the date of executing the Form, you agree to submit the physical copies of the following document to CHANAK MART ECOMMERCE PVT LTD at its registered office located at Village - Nayakhaap Tola, Mukundganj, Thana Muffasil, Hazaribagh - 825301, Jharkhand, India and the same shall be acknowledged by CHANAK MART ECOMMERCE PVT LTD in writing.
a. Duly executed version of the Form,
c. A self-attested PAN card copy,
d. A self-attested cancelled blank cheque as of the date of execution of the Form, and
e. A self-attested copy of the address proof
4. In the event CHANAK MART ECOMMERCE PVT LTD does not receive the Registration Document within the afore-said 15 (fifteen) days period, the form shall be deemed to be terminated and your account shall be automatically stand terminated, without any further liability on CHANAK MART ECOMMERCE PVT LTD. Further, CHANAK MART ECOMMERCE PVT LTD may reject the Form, in whole or part for any reason, at its discretion, including but not limited to the form containing incomplete, inaccurate, false or misleading information. Any alteration or modification of the Form will be subject to rejection. For the avoidance of doubt, this Agreement shall be effective and valid from the date of acceptance of the Form by CHANAK MART ECOMMERCE PVT LTD.
5. The IBA hereby confirms that he/she has entered into this Agreement as an independent contractor. Nothing in the Agreement shall establish an employment relationship, or any other labour relationship between the IBA(s) and CHANAK MART ECOMMERCE PVT LTD.
6. Upon any modification or alteration of the Agreement or the Form, the latest revised version of the Agreement shall be effective and binding on the IBA on the earlier of (a) If being reflected on the website; or (b) If any communication sent to the IBA by CHANAK MART ECOMMERCE PVT LTD, continuation by the IBA to perform its/his/her obligations under this Agreement or detailed here under, shall be deemed acceptance to the modified or changed Agreement or Form.
7. CHANAK MART ECOMMERCE PVT LTD has the right and you hereby irrevocably grant a right to CHANAK MART ECOMMERCE PVT LTD to conduct background verification and/or audit (legal, financial or otherwise) on you, your business activities, and books of account as may be applicable, at its sole discretion, without giving any prior notice to you.
8. CHANAK MART ECOMMERCE PVT LTD shall not be responsible for the conduct of the IBA for any reason whatsoever, Additionally, CHANAK MART ECOMMERCE PVT LTD shall be responsible for any complain, dispute, and claim regarding the products sold by the IBA.
9. REPRESENTATION AND WARRANTIES OF THE IBA
The IBA hereby represents and warrants that:
a. He/she/it is authorized under applicable law to enter into and execute this Agreement,
b. He/she/it is not an existing IBA of CHANAK MART ECOMMERCE PVT LTD
c. He/she/it has not entered into an agreement with any other third party which conflicts with its obligations hereunder;
d. He/she/it has taken completed all statutory, legal regulatory, corporate and other approvals as may be required for the transaction contemplated under this Agreement,
e. The personal information submitted to CHANAK MART ECOMMERCE PVT LTD by the IBA under the Form or the Account is true and accurate to the best knowledge of the IBA
f. He/she/it has read, understood and agreed to be bound by the terms and conditions of the Procedural Guidelines, as applicable.
10. ADDITIONAL OBLIGATION OF CHANAK MART ECOMMERCE PVT LTD
The IBA hereby undertakes and covenants that he/she/it shall:
a. Ensure that the pricing of the products are not above the MRP of the relevant product,
b. Ensure that he/she/it does not represent the product in any manner other than as provide in the respective product brochure,
c. Ensure that he/she/it does not infringe the intellectual property right of CHANAK MART ECOMMERCE PVT LTD,
d. Ensure that he/she/it does not misrepresent the benefits, side-effects, constituents or ingredients of the product,
e. Ensure that he/she/it is in compliance with applicable law at all times,
f. Ensure that he/she/it conducts him/her/itself in a workmanlike manner, without causing any harm to the reputation of CHANAK MART ECOMMERCE PVT LTD or its products,
g. Maintain the confidentially of the information provided by CHANAK MART ECOMMERCE PVT LTD at all times, and
h. Not use market or sell the products in any manner which may cause any adverse effect to CHANAK MART ECOMMERCE PVT LTD.
11. TERMINATION AND SET- OFF
a. Either of the parties to this Agreement may terminated the Form and this Agreement, without cause, by giving the other party a written notice,
b. Upon termination of the Agreement, the account of the IBA shall be de-activated automatically and he/she/it shall return, within a period of 2 (two) days from the date of termination, the marketing material, confidential information of CHANAK MART ECOMMERCE PVT LTD, including copies thereof, and shall immediately stop using the Trade Marks, Trade Names, Brand Names, Service Marks or Logos of CHANAK MART ECOMMERCE PVT LTD for the promotion and sale of the products.
Upon termination of this Agreement, in the event that you have not paid any sum or sums which are due and payable to CHANAK MART ECOMMERCE PVT LTD, either in the capacity of an IBA or otherwise, CHANAK MART ECOMMERCE PVT LTD shall have the right at its sole discretion to reduce your indebtedness by setting off against each indebtedness any sums due and payable to you by CHANAK MART ECOMMERCE PVT LTD or of its affiliates.
a. All payments as applicable will be accepted through demand draft ( In favor of CHANAK MART ECOMMERCE PVT LTD PRIVATE LIMITED, payable at HAZARIBAGH, JHARKHAND ), normal banking channels and cash.
b. The pay-outs to the IBA(s) shall be as per the CHANAK MART ECOMMERCE PVT LTD business plan. Any incentives indicated as payable/paid to the IBA by CHANAK MART ECOMMERCE PVT LTD under the Business plan is inclusive of all service tax and other tax/levies on the transaction. The IBA must make requisite arrangements to pay all applicable taxes. CHANAK MART ECOMMERCE PVT LTD shall be entitled to deduct tax deducted at source, at applicable rates from time to time.
13. PRICING AND AVAILABILITY
a. CHANAK MART ECOMMERCE PVT LTD reserves the right, at its discretion, to change the price and availability of the products without prior notice. The price of each product represents the full retail price of the product, reflected in Indian National Rupees.
b. CHANAK MART ECOMMERCE PVT LTD has taken due care to ensure accurate product and pricing information. In the event there is any error in the pricing of the product or typographical error on the availability and product information, CHANAK MART ECOMMERCE PVT LTD shall have the right, at its discretion, to either contact you for information or cancel your order and notify you of such cancellation.
14. MARKETING AND USE OF BRAND NAME
a. The IBA shall, at its own cost and expense, carry out marketing and promotional activities as may be required for the purpose of sale of the products, subject to such IBA following the CHANAK MART ECOMMERCE PVT LTD guidelines,
b. CHANAK MART ECOMMERCE PVT LTD hereby grants the IBA a limited, royalty-free, non-exclusive, non-transferable, revocable right or license to use CHANAK MART ECOMMERCE PVT LTD trademarks, trade names, service marks, brand names or logos solely for the same in marketing the products, during the term of this Agreement.
15. LIMITATION OF LIABILITY
CHANAK MART ECOMMERCE PVT LTD does not provide a warranty, implied or otherwise, on the products to be purchased by the IBA and shall not be liable for the products in any manner whatsoever.
All notices, requests and other communication under this Agreement shall be in writing, in English and/or Hindi. Any notice or information/document or communication to be served under this Agreement may be served upon either party hereto only by email or courier or posting by registered post or delivering by hand or through facsimile transmission. The notice or demand to be served on the party should be served at its address, facsimile number mentioned in the Form.
17. GOVERNING LAW AND JURISDICTION
a. This agreement shall, in all respects be governed by and construed in accordance with the laws of India and subject to clause 18 below, the courts at Halol, Gujarat shall have the sole and exclusive jurisdiction to entertain any disputes that may be arise hereunder,
b. The parties here to undertake to use their best efforts to resolve amicably any dispute arising out of or in connection with this Agreement or the Form and the interpretation thereof through consultation in good faith and mutual understanding provided that such consultation shall not prejudice the exercise of any right or remedy of either party hereto by any such party in respect of any such dispute.
In the event the parties hereunder are unable to resolve a dispute through amicable settlement within 15 (fifteen) days from the date a party raise a dispute, the dispute shall be submitted to final and binding arbitration and shall be referred to the sole Arbitrator appointed in accordance with the rules and regulation of the Arbitration and Conciliation Act, 1996 at the request of either of the parties upon written to that effect to the other, the venue of the such arbitration shall be at Hazaribagh (Jharkhand) and the award of the Arbitrator shall be final and binding on all parties.