“Independent Distributor” An Independent Distributor(s) who satisfies the minimum Purchase requirement and agree to work with Smartway by accepting Smartway Terms & Conditions, Policy and Procedures and the Business plan.
“Prospect” means a person to whom an offer or a proposal is made by the Existing Smartway Independent Distributor to know more about the 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.
“Agreement” means the completely filled Application Form, Contract / E contract along with the Terms & Conditions mentioned on the website that was accepted by an Independent Distributor and subsequently accepted by the Company.
“Business” means the direct selling business and the Smartway Business Plan.
“Company” means Smartway Enterprises India LLP also referred as Smartway, which is a company incorporated under Limited Liability Partnership Act 2008 having its corporate office at “Saraswathi”, 221 Vivekananda Road, Ram Nagar, Coimbatore 641 009, Ph 0422-4575555.
“Website” means the official website of the company i.e. www.smartwayindia.in
“Smartway Business Plan” means the Smartway Compensation Plan. It is the system followed by Smartway Enterprises India LLP to compensate the Smartway Independent Distributors which illustrates the mode of sharing of Compensation, profits and commission, including financial and non-financial benefits, paid by the Smartway Enterprises India LLP to the Smartway Independent Distributor on weekly, monthly or periodic or yearly basis, as the case may be.
“Team Downline” means the Customers / Independent Distributor below a specific Independent Distributor respectively in the Genealogy as the context requires.
“Team Upline” means the Independent Distributors above a specific Independent Distributor respectively in the Genealogy, as the context requires.
“Genealogy” means the relationship or relative positioning of Independent Distributors in the Company’s database.
“T&C” means the Terms & Conditions as stated herein.
“Products” mean any products including services, unless the context otherwise requires.
“Independent Distributor Identification Number” means the unique identification number that the Company assigns to an Independent Distributor when the Company accepts and identifies that person as its Independent Distributor. This Independent Distributor Identification Number may be an Alpha – Numeric figure.
“Introducer” means an Independent Distributor who introduces Retail Customers or other Independent Distributors by helping them / training them to become Independent Distributors of Smartway.
“Buy Back Policy” Smartway provides 30 days period to their Customers and / or Independent Distributors to return the product, where goods need to be returned in marketable position.
“Cooling Off Policy” Smartway Business Plan allows the Independent Distributor to cancel their participation within a period of 30 days from the date of Contract signing and receive the refund of goods purchased.
“SmartwayGuarantee” Smartway Enterprises India LLP offers 100% guarantee to its Customers and / or Independent Distributors on Product Quality by offering 30 day Buy Back and Cooling off Period.
“Grievance Cell”/ “Complaints Redressel” Smartway Business Plan allows the Customer / Independent Distributor to Register their complaints.
3.01 How does one become a Smartway Independent Distributor?
- To become an Independent Distributor of Smartway Enterprises India LLP, 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 1872. Necessary proof thereof should be submitted as and when required by the Company.
- Prospective customers should bear a good moral character and should not have any past or present criminal record.
- People who want to be a customer of Smartway Enterprises India LLP must fill and submit the Registration Form along with self-attested KYC documents as required by Smartway Enterprises India LLP.
- Registration in Smartway Enterprises India LLP is 100% free.
- Smartway Enterprises India LLP reserves the right to accept or reject any application / Registration Form without having to give any explanation whatsoever.
- Once the prospect gets registered with Smartway Enterprises India LLP, the company allots a Unique Code (Independent Distributor Identification Number) which allows the Independent Distributor to purchase and sell Smartway products as an Independent Distributor.
- Smartway shall allot Identification number on Legitimate PAN Information if not then the stipulated Law of the land shall be applied.
3.02 How can a Independent Distributor Introduce a New Customer / Independent Distributor?
- Independent Distributor should carry their identity proof (Identity Card / Welcome Letter) and visit the customer’s premises with prior appointment / approval only.
- At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Smartway, the nature of the goods or services sold on the website and the purpose of the solicitation to the prospective consumer.
- Offer a prospective consumer / Independent Distributor accurate and complete explanations and demonstrations of goods and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service.
- Any Independent Distributor(s) who introduces another Independent Distributor(s) into Smartway must train the new Independent Distributor(s) in product knowledge, effective sales techniques, the Business Plan, and the Policies and Procedures. Independent Distributor(s) must also supervise and monitor Independent Distributor(s) in their Downline Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As an Independent Distributor(s) progresses through the various Levels of leadership, his / her responsibilities to train and motivate downline Independent Distributor(s) will increase.
- Provide the following information to the prospect / consumers at the time of sale, namely:
- Name, address, registration number or enrollment number, identity proof and telephone number of the Independent Distributor and details of direct selling entity.
- A description of the goods or services to be supplied.
- Explain to the consumer about the Goods Return Policy / Buy Back Policy of the company in the details before the transaction.
- The Order date, the total amount to be paid by the consumer along with the bill and receipt.
- Time and place for inspection of the sample and delivery of goods.
- Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail refund on sums paid.
- Details regarding the complaint redressal mechanism.
- Explain Cooling Off period in which he / she can cancel the participation and receive refund of the goods purchased.
3.03 Business EntityFor applications other than for a natural person, all legal documents along with stockholder details for applying legal entity (Proprietor / Partnership / HUF) shall be produced. They shall be submitted within ten (10) days from the date of application to the Company’s Corporate office in Coimbatore, India. Failure to produce such documents may cause the application to be rejected.
It is the responsibility of those persons involved in the Entity to conform to the laws of the state in which their Entity is formed. Smartway reserves the right to approve or disapprove any Independent Distributor Application and Agreement submitted by an Entity.
3.04 Changes in Ownership of Independent Distributor EntityIn the event of any changes in ownership of said entities in sub clause 3.03, 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 Independent Distributorship. Moreover, the said entity shall provide requisite documents / proof to the company in respect of change and the Company shall have the exclusive right either to accept or decline.
Smartway cannot divide a Downline Organization, nor can it divide the payout cheque between the joint owners unless otherwise agreed to in writing by Smartway.
3.05 Multiple online Independent Distributor Application FormsIf an applicant submits multiple Independent Distributor Application Forms that list different Introducers, only the first completed application received by the Company will be accepted.
3.06 Independent Distributor’s IntroducersFor Customer of the Company who later applies to become an Independent Distributor, his / her last Introducer for his / her purchase shall also be his / her Introducer of his / her Independent Distributorship, unless the Customer’s last purchase from the Company was more than six (6) months before his / her Independent Distributor application and in his / her application he / she states another Independent Distributor as his / her Introducers.
3.07 AcceptanceOnce the Company accepts an applicant’s Independent Distributor Application Form, the Company will grant to the applicant an Independent Distributor status within the Smartway Business Plan. The Company will give the Independent Distributor an Independent Distributor Identification Number and shall include his / her Independent Distributor Identification Number in all his / her orders and correspondences with the Company.
3.08 Fictitious or assumed nameA person or entity may not apply as an Independent Distributor using a fictitious or assumed name.
3.09 Refund and Buy Back GuaranteeCustomers and / or Independent Distributors are hereby notified that Products are subject to the refund and buy back guarantee stipulated in the Smartway Policy & Procedures Manual (SPPM) found online, which apply accordingly to them.
4.01 Independent RepresentativeAn Independent Distributor is an independent representative having the rights and obligations conferred by the SPPM along with the details mentioned in the Smartway Business Plan to use & refer the products of the Company.
4.02 Right to IntroduceOnly an Independent Distributor has a right to introduce Customers and / or new Independent Distributor to the Company and enjoys the benefits under the Smartway Business Plan for doing so. When introducing new Independent Distributors to the Company, the introducing Independent Distributor shall give the person/s that he / she intends to refer a copy of the SPPM, an Independent Distributor Application Form with Contract, and details of the Smartway Business Plan.
4.03 No right to represent CompanyAn Independent Distributor is not a franchisee, partner, and employee of the Company. He / she has no right to, and shall not, represent himself / herself as such. The relationship between a Independent Distributor and the Company is wholly governed by this SPPM. Any breach of this SPPM on the part of the Independent Distributor is a serious breach of the SPPM and may result in the immediate termination of his / her Independent Distributorship.
4.03.1 No right to sign contracts on behalf of CompanyAn Independent Distributor 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.
4.03.2 No right to represent Company:- As an EmployeeAs an Independent Distributor 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.
4.04 Rights to Company literatures and communication, etc.; Rights to participate in Company functionsIndependent Distributors 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 Independent Distributors. Independent Distributors should not:
- (a) Provide any literature and / or training material not restricted to collateral issued by the Direct Selling entity, to a prospective and / or existing Smartway Independent Distributor both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity.
- (b) Encourage prospective or existing Independent Distributor to purchase any literature or training materials or sales demonstration equipment.
4.05 An Independent Distributor shall not:
- (a) Use misleading, deceptive and / or unfair trade practices.
- (b) Use misleading, false, deceptive, and / or unfair introducing practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective Independent Distributor, in their interaction with prospective Independent Distributor.
- (c) Make any factual representation to a prospective Independent Distributor that cannot be verified or make any promise that cannot be fulfilled.
- (d) Present any advantages of Direct Selling to any prospective Independent Distributor 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 program and agreement between the Direct Selling entity and the Independent Distributor, or the goods and / or services being sold by such Independent Distributor who is false and / or misleading.
- (f) Require or encourage Independent Distributor introduced by the first mentioned Independent Distributor to purchase goods and / or services in unreasonably large amounts.
4.06 Legal complianceIndependent Distributors must comply with all laws, statutes, regulations and ordinances concerning the operation of their Independent Distributor business.
4.07 Book of AccountsAn Independent Distributor 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.
4.08 Tax, expenditures, etc.Independent Distributors are personally responsible for paying local, state, central government taxes (Where Applicable) on any income they generate as Independent Distributors. It is absolutely mandatory to pay GST once the Independent Distributor crosses the GST threshold. 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. Currently, TDS deduction of 5% is applicable for those who provide PAN details and 20% deduction for those who do not provide the PAN number details as per the Income Tax Act. TDS (tax deducted at source) certificate will be issued to Independent Distributor only after the Independent Distributor has complied with all the KYC documentation including copy of his PAN card (permanent account number card). Any individual operating a business is required to obtain a Permanent Account Number from the income Tax Department when their earnings become taxable under the Indian income Tax Act. Please consult your tax advisor for rules and details as Tax laws will change from time to time. It is mandatory for all Independent Distributor(s) to provide their PAN number details. Smartway will collect and remit sales taxes on behalf of Independent Distributor(s) at the maximum retail price according to applicable tax rates to which the shipment is destined.
4.09. Claim of workmen’s compensationThe Company is not responsible for payment or co-payment of any employee benefits for its Independent Distributors and is responsible for their own liability, health, disability and workmen’s compensation insurance, etc.
4.10 Non-exclusivityAn Independent Distributor has a non-exclusive right to market and promote products of the Company. There are no geographical limitations existing on the referring or selling country, provided, however, that the Company reserves the right not to sell products or services in any states, territories or countries.
4.11 Obligations to DownlinesAny Independent Distributor who introduces another Independent Distributor to the Company is highly recommended to perform a bona fide assistance and training function to ensure that his / her Downline is properly operating and conducting their Independent Distributor business. It is to the advantage of both Introducers and their Downlines to have ongoing contact and communication. Independent Distributors must truthfully and fairly describe the Smartway Business Plan. No past, potential or actual income claims may be made to prospective Independent Distributors. Nor may Independent Distributors use their own incomes, or other Independent Distributors’ incomes, as indication of the success assured to others. Income statements shall not be used as marketing materials. Independent Distributors shall not guarantee Income or estimate expenses to prospects. (Please refer to Income Disclaimer).
4.12 Cross LiningSubject to sub clause 8.01 and sub clause 8.02, no Independent Distributor may introduce or attempt to introduce another Independent Distributor from a different line of Business to ‘switch’ to another line of Business. Examples of Cross Lining are:
- (a) Placing additional Independent Distributors of his / her own in lines of Business not below his / her Primary Independent Distributors.
- (b) Placement of a new Independent Distributor using anyone’s name known to the Introducer and placing it in lines of Business not below the Introducer’s Primary independent distributors while intending to profit from the proceeds of the said new independent distributor.
- (c) An Independent Distributor owning an interest in an entity that is an Independent Distributor in lines of Business not below his / her Primary BC.
- (d) Entering in other lines of Business under the same name as an existing Independent Distributor using a valid Independent Distributor Identification Number other than the one used previously.
- (e) Incase Independent distributor has placed his / her introduced in a wrong place, independent distributor can request for change of position while submitting the necessary documents within 10 days of registration.
- (f) Any situation (whether the above examples or others) found to be in violation of this sub clause shall be met with the greatest scrutiny and may result in termination of the newly placed independent distributor, as well as the independent distributor having instigated the said situation.
4.13 Obligation of not introducing to other programsAn Independent Distributor shall not introduce, attempt to introduce, or knowingly assist another person to introduce, another Independent Distributor or any person into any other network marketing company or into another Independent Distributor’s sales organization. In addition, no Independent Distributor shall participate in any action knowing that participating in the action may cause another independent distributor or any person to be referred through someone else into another network marketing company. Independent Distributors are strictly prohibited from promoting any competitive services, products and / or business programs.
At Company functions, or on all Company property, no Independent Distributor shall solicit any person to join any other network marketing company or involve the sale of products of any other network marketing company.
Breach of any part of this clause is a serious breach of the SPPM and may lead to the immediate suspension or even termination of the Independent Distributorship of the Independent Distributor who is at breach.
4.14 Breach of securityAll Independent Distributors have a responsibility to maintain the network integrity of the company. any Independent Distributor who is found ‘hacking’ into or interfering or tampering with the company’s database or any part of the company’s computer system (hardware and / or software) or attempting to do any of the aforesaid acts without the proper authorization shall be liable to immediate termination of his / her Independent Distributorship. He / she shall also be liable for all consequential damages and losses of the Company.
4.15 Obligation to the CompanyAn Independent Distributor shall, at all times, remain loyal to the Company and shall not publish any written and / or verbal disparaging or adverse information / statement / s against the Company. He / she shall hold the Company’s management in high esteem at all times, failing which, he / she may be terminated notwithstanding that he / she may also be liable for libel or slander.
4.16 Transfer, of Distributor(S) ShipAssigned Unique Identification Numbers are non-transferable unless a duly signed request letter by transferor & receiver and attested by their Diamond Leader is sent to the company for our perusal and approval. Minimum it will take 48 to 72 Hours to transfer any Unique Identification Numbers. Without the consent and approval from the Company, distributors are not allowed to work or get associated with any other distributor or Company directly or indirectly. If found the Company has the full rights to terminate the same Independent Distributorship without notice If an active Independent Distributor wants to change his position, he has to be in standby for 6 month with an approval from the Company. The transferring Independent Distributor(s) must be in good standing and not in violation of any of the terms of the Independent Distributor(s) Agreement or Policies and Procedures, to transfer his / her Independent Distributor(s) ship. Smartway will not approve the transfer of a Independent Distributor(s) ship to any individual or Entity that is a current Independent Distributor(s) or who has an ownership interest in any Independent Distributor(s) ship. Similarly, Smartway will not approve the transfer of an Independent Distributor(s) ship to any individual or Entity that has previously had any ownership interest in, or operated, a Smartway Independent Distributor(s) ship. The No objection certificate (NOC) from the Introducer must be submitted. Remit Rs. 500/- (Five Hundred Only) in favor of Smartway towards the transfer processing fee.
5.01 Income ClaimsNo false or misleading income projections may be made to prospective Independent Distributor. In their enthusiasm, Independent Distributors are often tempted to represent hypothetical income figures based upon the inherent power of group viral marketing as actual income projections. This is counterproductive, since new Independent Distributors may be quickly disappointed if their results are not as extensive or as rapid as a hypothetical model would suggest. Smartway Enterprises India LLP firmly believes that income potentials are great enough to be highly attractive even when based in reality, without resorting to artificial and unrealistic projections.
5.02 ProductNo claims regarding any therapeutic or curative effects of any Smartway Enterprises India LLP products may be made, except those officially approved in writing by the Company or as contained in official literature. In particular, the Independent Distributor shall NOT make any statement / representation of any “guarantee” of cure or state that Smartway Enterprises India LLP 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 SPPM. Violation of this clause will result in immediate termination for the said Independent Distributor. (Refer to Termination clause).
5.03 Representation of StatusIn all Cases, any reference the independent distributor makes regarding himself / herself must clearly set forth the Independent Distributor’s Independent status.
5.04 Business Cards & StationaryAny printed material, including business cards and stationery, will be provided by the company. No Independent Distributor is authorized to print any business material on behalf of the company.
5.05 Press EnquiriesAny inquiries by the media are to be referred immediately to the Company. This policy is to ensure accuracy and a consistent public image. Any Press Enquiry to be referred to company on email address email@example.com
5.06 WaiverSmartway Enterprises India LLP never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases; both specifically expressed a dimpled, unless any officer duly authorized by the Company in contracts or an agreement specifies in writing that the Company waives any of these provisions. In addition, any time the Company gives permission for a breach of rules, that permission does not extend to future breaches. This provision deals with the concept of “waiver”, and the parties agree that Smartway Enterprises India LLP does not waive any of its rights under any circumstances short of the writing confirmation alluded to above.
6.01 Qualification for Incentives and / or rewardsAn Independent Distributor must be active and in compliance with the Agreement, Contract, SPPM and the Business Plan to qualify for Incentives and / or rewards. So long as it is entitled under the Business Plan to receive Incentives and / or rewards, the Company shall pay Incentives and / or rewards to the Independent Distributor in accordance with the Business Plan. Independent Distributors must consult the Business Plan for a detailed explanation of the benefits, Incentives and / or rewards structure and the corresponding requirements. Incentives and / or rewards are paid only on the sale of the Company’s products. No Incentive or bonus is paid on the purchase of the Company’s sales materials, literatures, Business Planner, Product Portfolio, or for introducing other Independent Distributors and / or Customers.
6.02 Adjustments to Incentives and / or rewardsIndependent Distributors receive Incentives, rewards and other benefits under the Business Plan based on the actual sales of products to Customers. When a product is returned to the Company for a refund or the transaction is in any way not successfully completed, the Incentive, rewards and / or other benefits attributable to the returned or the unsuccessful transaction will be deducted in the Incentive Period in which the refund occurs, and continuing every Incentive period thereafter until the incentive, rewards and / or other benefits are fully recovered from the Independent Distributors who received incentive and / or rewards on the sales of the refunded or repurchased product.
In addition, if the company has already paid incentive and / or rewards to an Independent Distributor for a returned product, the company shall have the right to request the Independent Distributor for the return of the said Incentive and / or rewards and the Independent Distributor shall have the obligation to return such Incentive and / or rewards to the company.
The Company shall have the right to set off any debt(s) an Independent Distributor owes to the Company against his / her Incentive and / or rewards.
As per the Business plan in case the payout day is a public holiday it shall be issued on the next working day.
6.03 Compensation SummaryAn Independent Distributor can request for his / her periodic account / information concerning, as applicable, sales, purchases, details of earnings, commissions’ bonus and other relevant Data, in accordance with agreement. The Company reserves the right to charge a processing fee for managing the virtual office of Independent Distributor’s and issuing an electronic or Paper Business Plan requested by the Independent Distributors.
6.04 Payment of IncentivesAll Incentives / Rewards that an Independent Distributor earns will be credited to his / her Bank accounts by the way of Bank Transfers.
7.01 ResignationAn Independent Distributor may voluntarily resign from and / or terminate his / her Independent Distributorship by tendering thirty (30) day’s 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.
7.02 SuspensionWhen a decision is made to suspend an Independent Distributor, the company will inform the Independent Distributor 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 Independent Distributor’s registered address. Such suspension may or may not lead to termination of the Independent Distributor as so determined by the company at its sole discretion. If the Independent Distributor 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 Independent Distributor in writing of its decision within thirty (30) days from the date of the receipt of the Independent Distributor’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:
- (a) Prohibiting the Independent Distributor from holding himself as Independent Distributor or using any of the Company’s proprietary marks and / or materials.
- (b) Withholding Incentives and / or rewards due to the Independent Distributor during the suspension period.
- (c) Prohibiting the Independent Distributor from purchasing services and products from the Company.
- (d) Prohibiting the Independent Distributor from introducing new Independent Distributors, contacting current Independent Distributors, or attending meetings of Independent Distributors.
- (e) 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 Independent Distributor has occurred, the suspended Independent Distributor may be terminated.
7.03 TerminationDepending upon the seriousness of the violation, an Independent Distributor may be immediately terminated for violating the terms of the agreement, SPPM, Business Plan, and / or any other relevant documents produced by the company. The company may, at its sole discretion, terminate a violating Independent Distributor without placing the Independent Distributor on suspension. When the decision is made to terminate an Independent Distributor, the company will inform the Independent Distributor in writing to the registered address in the Independent Distributor’s that the termination has occurred.
If an Independent Distributor 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 an Independent Distributor files a timely written request, the company will review the decision and notify the Independent Distributor of the result of the review within thirty (30) days after receipt of the Independent Distributor’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 independent distributor 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 Independent Distributor.
7.04 Effects of resignation, suspension and terminationAfter resignation, the former Independent Distributor shall not further represent himself / herself as an Independent Distributor 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, SPPM, and / or the Business Plan. If an Independent Distributor is suspended, he / she shall not before the removal of his / her suspension, further represent himself / herself or hold himself / herself out as an Independent Distributor 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, SPPM and / or the Business Plan. But he / she shall be allowed to retain his / her Independent Distributorship pending the final resolution of his / her case. Any Incentives and / or rewards payable to him / her should not be suspended shall be retained by the company. If the suspension of the Independent Distributor is subsequently removed, all outstanding Incentives and / or rewards shall be paid to the Independent Distributor. However, if the Independent Distributor 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 Independent Distributor:
- (a) 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.
- (b) Must cease representing himself / herself as an Independent Distributor of the Company.
- (c) Looses all rights to his / her Independent Distributor position in the Business Plan and to all future Incentives and earnings resulting there from.
- (d) 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 Independent Distributor to the company including, without limitation, any indemnity obligation incurred pursuant to sub clause 10.11 herein, from Incentives and / or rewards or other Incentives due to the Independent Distributor.
7.05 ReapplicationAn Independent Distributor who resigns his / her Independent Distributorship may reapply as a new Independent Distributor but such reapplication will only be considered six (6) months after resignation. The acceptance of any reapplication of a terminated Independent Distributor shall be at the sole discretion of the company.
A non active Independent Distributor can be enrolled by other introducer only after the period of 6 months. in his case the first introducer of the Independent Distributor cannot claim it as snatching.
“Non Active Independent Distributor” means an Independent Distributor who has not purchased any product from the company within a period of 6 months from the date of his / her registration.
7.05 Disciplinary Actions
Violation of any of the terms and conditions of the Independent Distributor(s) Agreement or these Policies and Procedures, or any illegal, fraudulent, deceptive, or unethical business conduct by an Independent Distributor(s), may result, at SMART WAY’s discretion, in one or more of the following actions:
Withdrawal or denial of an award or recognition, or restricting participation in SMART WAY -sponsored events for a specified period of time or until the Independent Distributor(s) satisfies certain specified conditions;
Withholding commissions or payouts for a specified period of time or until the Independent Distributor(s) satisfies certain specified conditions;
Suspension of certain privileges of Distributor(s)ship, including but not limited to placing a product order, participating in SMART WAY programs, progressing in the Business Plan, or participating as a Sponsor, for a specified period of time or until the Independent Distributor(s) satisfies certain specified conditions or any other right or privilege;
Imposing fair and reasonable fines or other penalties in proportion to actual damages incurred by SMART WAY and as permitted by law; and/or
Terminating the Distributor(s) ship by terminating the Independent Distributor Agreement.
Suspension of Independent Distributor Agreement.
SMART WAY INDIA ENTERPRISES LLP reserve the right to cancel membership (id/account) of the relevant Member if it is not satisfied that a member meets the terms and conditions or if the Member engages in any misconduct, misconstrue, fraud or abuses of the Company’s Business Plan, Benefits and Awards and promoting / participating in competitor company's compensation plan while holding SMARTWAY Distributorship ID. Once Membership is terminated, all benefits and privileges shall cease forthwith
8.01 DeathAn Independent Distributor has a right to nominate a person as his / her nominee to whom the company will transfer the Independent Distributor’s Independent Distributorship upon the death of the Independent Distributor. The Independent Distributor has a right to change his / her nominee in his / her lifetime by giving written notice to the company. However, the company will not accept such a transfer unless the nominee or the last nominee has executed a current Independent Distributor application form and submitted certified copies of the death certificate of the Independent Distributor to the company. The nominee will then be entitled to take over the Independent Distributorship of the late Independent Distributor and entitled to all the Incentives, rewards or other benefits accrued thereafter and all the rights, and / or be subject to all the obligations as an Independent Distributor of the company. If an Independent Distributor did not make any nomination in his / her lifetime, his / her Independent Distributorship shall be terminated immediately upon his / her death. Any cross lining as a consequence of the devolution of Independent Distributorship under this clause shall not be treated as a breach of the SPPM. In case of death or an unexpected event the ID shall be transferred to a family member. Children’s below 18 yrs are not eligible for taking the distributorship.
8.02 Dissolution of a PartnershipIf an Independent Distributorship is registered by two (2) or more persons, they will be deemed as a partnership under the agreement and the SPPM. In the event that the partnership is dissolved, unless the company receives a valid and legally enforceable agreement signed by all the partners regarding the arrangement of their Independent Distributorship within thirty (30) days of being notified of the dissolution of the partnership, their Independent Distributorship will be automatically terminated after the expiry of the said thirty (30) day period. Incase when dissolution of Partnership happens, the existing business code will be transferred on the Pan Card which is not there earlier in the system. (1 Identification Number on 1 Pan Card rule will be applicable)
9.01 Confidential InformationDuring the term of the agreement, the company may supply to Independent Distributors confidential information, including, but not limited to, genealogical and downline reports, customer lists, customer information developed by the company or developed for and on behalf of the company by independent distributors (including, but not limited to, credit data, customer and Independent Distributor profiles, and product purchase information), Independent Distributor lists, manufacturer and supplier information, business reports, Incentives or sales reports, and such other financial and business information that the company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to the company and is transmitted to Independent Distributors in strictest confidence on a ‘need-to-know’ basis for use solely in the Independent Distributors’ business with the company.
Independent Distributors must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use such information for any non-company activity directly or indirectly while an Independent Distributor and thereafter. Independent Distributors must not use the information to compete with the company or for any purpose other than promoting the company’s program and its products and services. Upon determination, nonrenewal or termination of the agreement, Independent Distributors must discontinue the use of such confidential information and promptly return any confidential information in their possession to the company.
9.02 Online and Telephonic ReportsThe Company will use its best effort to provide accurate information such as online or telephonic Downline activity reports, including, but not limited to, personal and group business volume (or any part thereof), and Downline introducing activity to Independent Distributors. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic cheque payments; returned products; and credit card and electronic cheque charge-backs; the information is not guaranteed by the Company or any persons creating or transmitting the information.
9.03 Use of Company Name, Logo, or Trade Names, etc.
- (a) The Company name, logo, trade name, trademarks, product names, brochures, catalogues, sales material, contracts and sales training sessions, literature, audio or video material, presentations or events are copyright-protected property of the Company worldwide and the Company retains ownership rights or exclusive licenses to the entire contents.
- (b) Independent Distributors shall not reproduce or distribute privately reproduced versions of such materials under any circumstances. Independent Distributors shall not use the company name, logo, trade name, trademarks, program names, or product names in any manner or form.
- (c) Naming protection reserved by the company. In addition to any relevant intellectual property laws, the following list of names are also reserved and restricted from use by Independent Distributors in their Independent Distributor activities.
9.04 Copyright RestrictionsWith respect to product purchases from the Company, Independent Distributors must abide by all manufacturers’ use restrictions and copyright protections. Without prior written approval from the Company, no Independent Distributor shall video and / or audio record the Company’s meetings, conferences and / or training sessions or any speeches (including conference calls) given therein.
9.05 Vendor confidentialityThe Company’s business relationships with its vendors, manufacturers and suppliers are confidential. Independent Distributors must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of the Company except at the Company-sponsored events at which the supplier or manufacturer is present at the request of the Company.
10.01 Company’s Employee ProhibitionEmployees of the Company and their immediate family members (for example spouse, mother, father, brother, sister, etc.) who are domiciled at the same household as the employee are prohibited to take part in the Business Plan. Breach of this policy shall be deemed serious, and could result in the dismissal of the employee and the removal of his / her entire network to the credit of the company. Independent Distributors being transferred to a paid position or taking up an employment with the company shall, prior to their acceptance of the employment, file ownership transfer notice to the company and give up their ownership rights and privileges of their Independent Distributorship.
10.02 LiabilityTo the extent permitted by law, the Company shall not be liable for, and each Independent Distributor releases the company from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Independent Distributor as a result of:
- (a) The breach by another Independent Distributor of his / her agreement, any term or condition of the SPPM, and / or the Business Plan.
- (b) The operation of other Independent Distributor’s business.
- (c) Any inadvertent, incorrect or wrong data or information provided by the Company.
- (d) The failure to provide any information or data necessary for Independent Distributors to operate their business, including, without limitation, the marketing and promoting of products of the company and / or the introducing or referring persons as customers / Independent Distributors to the company.
10.03 Force MajeureThe Company shall not be responsible for delays or failure in performance caused by circumstances beyond the Company’s control, such as strikes, labor difficulties, fire, war, government decrees or orders.
10.04 ViolationsIt is the obligation of every Independent Distributor to abide by and maintain the integrity of the SPPM. If an Independent Distributor observes another Independent Distributor committing a violation, he / she should discuss the violation directly with the violating Independent Distributor. If the Independent Distributor wishes to report such violation to the company, he / she should provide details of the violation in writing or thru official company website at www.smartwayindia.in and mark the correspondence “attention: grievance committee.
10.05 AmendmentsIf the Business Plan of the company is amended, it will be informed to the Independent Distributors and above in General meetings. Changes of Business Plan will be live on website on immediate basis and Brochures / Leaflets will be distributed among the Independent Distributors. Such notice may be provided at any time by posting the changes to the Smartway Web Site (www.smartwayindia.in) or the Service itself. Smartway shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
10.06 EndorsementNo endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in the Company literature and communication.
10.07 Telephone ListingIndependent Distributors are not permitted to use the Company’s trade name in advertising their telephone and telecopy numbers on materials not produced and approved by the Company without first obtaining the prior written approval from the Company’s Legal Affairs Department.
10.08 Display of Company ProductsThe integrity of the Business Plan is too built upon person-to-person, one-on-one and in-door presentation methods of sale. Independent Distributors shall not knowingly sell any company product to, or display any company product, company name, trademarks, literatures, or promotional materials at any retail outlet, including, but not limited to, supermarkets or food stores, flea markets or swap meets, permanent restaurant displays, bars or nightclubs or any such similar establishment, convenience stores or gas stations or any online platform. Exemptions must be approved in writing by the Legal Affairs Department of the Company. Independent Distributors may promote the Business Plan at their office, fairs and trade shows on the condition that it is not shown or displayed with any other plan with any direct selling company or networking company.
10.09 Fax Blasts and SpammingFax blasting and unsolicited emailing (spamming) is prohibited.
10.10 Legal ConformityAny tool or presentation technique used by an Independent Distributor whilst promoting the company’s business concept, products and / or the Business Plan must be within the scope of an Independent Distributor’s rights in his / her respective country / state / province. It is the Independent Distributor’s responsibility to ensure that any statements made, or any demonstration techniques performed, are, in fact, lawfully permitted in his / her country / state / province. If a special license or professional degree is required in a certain location to legally make such statements or perform such presentations, or to conduct business, then it is the Independent Distributor’s responsibility to secure the necessary license, degree or permit.
10.11 Indemnity AgreementEach and every Independent Distributor shall indemnify and hold harmless the company, its shareholders, officers, directors, employees and associates from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Independent Distributor:
- (a) Activities as Independent Distributor.
- (b) Breach of the terms of the Agreement.
- (c) Violation of or failure to comply with any applicable laws, regulations or rules.
10.12 Non-Waiver ProvisionNo failure of the Company to exercise any power under the SPPM or to insist upon strict compliance by Independent Distributor with any obligation or provision herein, and no custom or practice of the parties at variance with the SPPM, shall constitute a waiver of the Company’s right to demand exact compliance with the Agreement and / or the SPPM. The Company’s waiver of any particular default by an Independent Distributor shall not affect or impair the Company’s rights with respect to any subsequent default. Nor shall it affect in any way the rights or obligations of any other Independent Distributor. no delay or omission by the company to exercise any right arising from a default affect or impair the company’s rights as to that or any subsequent or future default. Waiver by the company can be affected only in writing by an authorized officer of the company. A person is solely responsible for properly cancelling your account. And email to firstname.lastname@example.org for your verified registered email id will be used to cancel your account. Account information cannot be recovered once your account is cancelled. If you cancel your service you will receive a product worth of unused portion of the amount. Cancel your product and refund the money only once we receive the return courier of the product.
10.13 Complaint and GrievanceUpon receipt of a written complaint the Smartway Compliance Department will investigate the matter review the applicable policies and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions. Smartway Compliance Department’s decision shall be final and binding on the Independent Distributors to the dispute.
10.14 Governing lawThis agreement, the SPPM, the terms and conditions of Application / Registration Form Product purchase and the Business Plan shall be governed by the laws of Republic of India.
10.15 Jurisdictions and ArbitrationAny dispute, controversy or claim arising from or in connection with the Agreement, the SPPM and / or the Business Plan or the breach, termination or invalidity thereof (herein after referred to as the “Matter”) shall first be sought to be resolved amicably between the Independent Distributor concerned and the Company.
If the Independent Distributor and the Company cannot resolve the Matter within sixty (60) days from the date the Matter was first brought to the attention by one party to the other, the Matter shall be referred to and finally resolved by arbitration administered by the Smartway Enterprises India LLP, Delhi, India. The place of arbitration shall be Delhi, India. The arbitration proceedings shall be conducted in the English language.
10.16 Entire AgreementThe Agreement, the SPPM and the Business Plan together constitute the entire Agreement between an Independent Distributor and the Company.
10.17 SeverabilityIf at any time any provision of the Agreement and / or SPPM becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of the Agreement and / or SPPM under the law of that or any other jurisdiction, nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.
10.18 Notices and communicationEach notice, demand or other communication to be given or made under the Agreement, the SPPM and / or the Business Plan by the Company to an Independent Distributor shall be in writing and delivered or sent to the relevant party at his / her last known address or email address designated by the Independent Distributor and recorded in the file. Any notice, demand or other communication to the Company shall be sent or delivered to the Network Compliance Department of the Company at its office in Delhi, India or by email to email@example.com Any notice, demand or other communication so addressed to the relevant party physically shall be deemed to have been delivered after fifteen (15) days it is given or made, provided that, if such day is not a working day in the place to which it is sent, such notice, demand or other communication shall be deemed delivered on the next following working day at such place. In the event of such notice, demand or communication is sent by email, it shall be deemed to have been received by the other party when the email enters the recipient’s mail server without any undelivered message sent back to the sender.
10.19 Company ContactsRegarding any product issues the company and the customer shall communicate only through the official company email id and contact number
Customer Care Number: +919633606999
Email Address: firstname.lastname@example.org
10.20 Headings and Table of ContentsHeadings and Table of Contents in the Agreement, the SPPM and the Business Plan are provided for convenience only and they are not part of those documents. They are not to serve as a basis for interpretation or construction of those documents or as evidence of intention of the parties.
10.21 Gender, etc.Unless the context otherwise requires, words importing the singular number shall include the plural number and words importing the masculine gender shall include the feminine or neuter gender and vice versa, and references to persons shall include companies and bodies, corporate or unincorporated.
10.22 English Language PrevailIn the event that the Smartway Policy & Procedure Manual (“SPPM”) is translated into another language and there exists any inconsistencies in any provision between the English-language version and the translated version of the SPPM, the English-language version shall always prevail.
Buy Back / Exchange / Refund PolicySmartway Buy Back Policy for its Customers / Independent Distributor:
Customers /Independent Distributor may return the products within 30 days of invoice as follows:
Thanks for shopping at our site. Smartway stands behind the quality of its products and guarantees your satisfaction. If for any reason you are not completely satisfied with the products, you may return it within 30 days from the date of Invoice of the product which should be notified within one week from purchase as per the terms of the Refund Policy.
If there is any change of mind, the product can be returned within 30 days of delivery .The Company shall pay all the money back within 30 days after deducting the courier charge and service charge.
If you need to change the products you may need to have the original customer order receipt copy. Thereafter, the Customer / Independent Distributor can exchange the products from the Company within 30 days from the date of invoice and must submit the following at the time of exchange and help us in our services:
- Product Return Form
- Copy of Purchase bill
- Products in original packing and condition
- New product should be of equal or higher value in price
Shipping Cost You will be responsible for paying your own shipping cost for returning your items. Shipping costs are non-refundable. In some exceptional cases, if the cost of the shipping is paid by the company the shipping cost of the return product will be deducted from the refund amount.
Cancellation of transaction / orders:
- Cancellation by Smartway:There may be certain orders that it is unable to accept and has the right to cancel such order. It reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Customer / Independent Distributororder being cancelled include, without limitation, non-availability of the Product or quantities ordered. It may also require additional verifications or information before processing any order. If Customer / Independent Distributor’s order is cancelled, after the payment has been processed, the said amount will be reversed / remitted either to the bank account provided for such reversal, or to the payment instrument from which payment was made. Smartway shall have the sole discretion to determine the mode of reversal from the above options.
- Cancellation by the Customer /independent distributor:In case of request for order cancellation, Smartway reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if it receives a cancellation notice and the order has not been processed, it may cancel the order and refund the entire amount to Customer / Independent Distributor within a reasonable period of time. It will not be able to cancel orders that have already been processed. Customer / Independent Distributor agrees not to dispute the decision made by them and accept the decision regarding the cancellation.
- Set-off of any benefits availed by the Independent Distributor:In case the Independent Distributor has availed any benefit under any marketing or promotions provided by Smartway in relation to the Product for which the order has been cancelled by the Customer /Independent Distributor or by Smartway, independent distributor agrees and authorizes it to recover such benefits from the Independent Distributor or set-off the same from any refunds.
- The Customer / Independent Distributor must return the product(s) to our head office personally or by courier.
- Period of return for products is calculated as the number of days from the Invoice Date, to the date of receipt at the Smartway Corporate office..
- Condition refers to the condition in which the stock is received back from the Customer / Independent Distributor as a return. The product can be ‘marketable’ or ‘unmarketable’ depending on the condition of the returned stock as assessed by the Returns executive at the Smartway dispatch and Delivery office.
- The Product Return Policy does not apply to open packs of literature and videos or other sales and marketing aids.
- Total returns cannot exceed the quantity appearing on the Invoice.
- BV adjustment of products returned shall be processed in the same Payout. Total BV of the returned products will be deducted from the returning Independent Distributor account.
- If customers return products directly to Smartway, BV adjustment shall be done from the Independent Distributor payout account & any excess amount paid shall be recoverable from the Independent Distributor.
- The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by Smartway at the time of purchase of the Product.
Mechanism for Grievance Redressal
- Customer / Independent Distributor can make Grievances in either of the mentioned modes – Calls / Written Application / Email / Walk-in / Online Grievance Cell, etc.
- Grievances received will be furnished into the internal Grievance software. A unique track Id will be generated against all the Grievances and will be provided to the customer / Independent Distributor on the registered Email Id and Mobile Number.
- Customers / distributors need to keep the unique track Id secure with them in order to take follow-up against the Grievance.
- At first instance Grievance is handled by the executive of the customer care team. The executive has a period of 7 working days to resolve the issue. In case executive is unable to handle the problem / grievance up to full satisfaction, the software escalates the issue to the next level of Grievance redressal committee.
- The committee will meet on a 15 day period (On 15th and 30th Calendar day of every month). All pending grievances will be disposed off by the committee in these meetings. If the grievance is not resolved within these 15 days, the grievance will be forwarded to next 15 day period and same will be intimated to the customer / distributor.
- If the Grievance Committee is not able to resolve the issue in this time frame, the grievance is escalated to the Nodal Officer. Details of Nodal Officer are mentioned below:
Name:Mr. K UNNIKRISHHAN
Mobile Number: +91 9597611311
Email ID: email@example.com