These terms and conditions are construed in
accordance with of model guidelines on direct selling issued by the Govt. of
India, Ministry of Consumer Affairs, Food & Public Distribution, Department
of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II) dated 9th Sept., 2016 and
supersedes any prior terms and conditions, discussions or agreements between
Company and direct seller.
The applicant intending to become direct seller
shall go through these terms and conditions and if he/she agrees and accept these,
By clicking on “I agree” button he/she is accepting the terms & conditions
mention here . Choosing the sponsoring and consent to join the group is
exclusive decision of applicant. There is no role or any suggestion of the
company in taking such decision by the applicant. Further there is no any
charge for becoming a direct seller of the company. The company exclusively
uses its website to display the details of the products, marketing method/plan,
sales incentives and business monitoring etc.
As used herein, the following terms shall have the
meanings set forth below:
1. “Net Work of
Direct Selling” shall means any system of distribution or marketing adopted by
direct selling entity to undertake direct selling business and shall include
the multi level marketing method of distribution of goods and services.
2. “Direct selling
entity” means an entity which sells or offers to sell goods or services through
a direct seller. The company Champions Multiproduct Solutions Private Limited
is the direct selling entity. In case “CMPS” word is used at company’s website,
in any publication, literature, marketing plan etc. etc. of the company then
meaning of “CMPS” word shall be interpreted as Champions Multiproduct Solutions
3. “Direct seller”
means a person (Individual Indian Citizen only) appointed or authorized,
directly or indirectly, by a direct selling entity to undertake direct selling
business on principal to principal basis.
4. “Direct selling”
means marketing, distribution and sale of goods or providing of services as a
part of network of direct selling.
E “Unique ID/Track ID” Means unique identification
number issued by the company to the direct seller as token of acceptance of
his/her application for direct selling of the goods/service of the company. No
communication will be entertained without unique ID and password. Direct Seller
shall preserve the Unique ID and Password properly as it is “must” for logging
on to website.
Period” The duration of time counted from the date when the direct seller and
the direct selling entity enter into an agreement and ending with the date on
which the contract is to be performed and within which direct seller may
repudiate the agreement without being subject to penalty for breach of contract.
2. ”Website” means
the official website of the company http://www.cmps.co.in// or any other
website, which the company may notify time to time.
THE APPOINTMENT AND UNDERSTANDING
1. The Company upon
scrutiny and verification of the Application may register the Applicant as
“Direct Seller” for selling the goods/ products of the Company. The Company
shall be at liberty to accept or reject the application at its discretion
without assigning any reason whatsoever. Allotment of password and Unique ID by
the company shall be construed as the registration of direct seller.
The applicant hereby covenants as under:
1. That he has
clearly understood the marketing methods/plan, the incentive plan, its
limitations and terms & conditions. He/she agrees that he/she is not
relying upon any misrepresentation/s or fraudulent inducement or assurance or
commitment that is not set out in the terms and conditions/marketing
plan/incentive plan or any other officially printed or published materials of
2. Relation between
the Company and the Direct Seller shall be governed, in addition to these terms
& conditions, by the rules and procedure mentioned in the marketing plan,
available on website or provided by the company in any manner. The Direct
Seller further confirms that he/she has read and understood the terms &
conditions carefully and agrees to be bound by them.
iii. Direct Seller is an independent contractor,
and nothing contained in these terms & conditions shall be construed to
(a) Give any party the power to direct and control
the day-to-day activities of the other.
(b) Constitute the parties as partners, joint
ventures, co-owners or otherwise, or
(c) Allow Direct Seller to create or assume any
obligation on behalf of Company for any purpose whatsoever.
1. Direct Seller is
not an employee of Company and shall not be entitled to any employee’s
benefits. Direct Seller shall be responsible for paying all taxes whether
direct or indirect including but not limited to Income Tax, VAT, Service tax
and other taxes chargeable to Direct Seller on amounts earned hereunder. All
Legal, Statutory, financial and other obligations associated with Direct
Seller’s business shall be the sole responsibility of Direct Seller.
2. It is made and
understood in very clear terms that Direct Seller is not an Agent, Employee nor
an authorized representative of the Company or its service providers. He is not
authorized to receive/accept any amount/payment for and behalf of the Company
and any payment received by him/her from any party shall not be deemed to be
received by the Company.
3. Direct Seller,
hereby declare that all the information furnished by him/her are true and
correct. Company shall be at liberty to take any action against the Direct
Seller in case it is discovered at any stage that the Direct Seller has
furnished any wrong/false/misleading information to the Company or other direct
vii. If any relative as defined under the
provisions of Income Tax Act, 1961 or defined under the provisions of Companies
Act, 2013 of existing direct seller desire to become direct seller then he/she
shall disclose the relationship with existing direct seller to the company. It
is company’s sole discretion to accept or reject the application of such
1. The Direct Seller
shall enjoy the following privileges:-
2. Incentive for
effecting sale of goods /products of the Company as per marketing plan.
3. No territorial
restriction to sale the goods/products in India.
iii. Search and inspect his/her account on website
of the Company through the Unique ID and password awarded by the Company.
1. Incentive of the
Direct Seller shall be in proportion to the volume of performance by the Direct
Seller either by his personal efforts or through team as stipulated in the
marketing plan of the Company.
2. The direct seller
shall be entitled to a cooling off period of 45 days from the date of
acceptance of this terms & conditions without any punishable clause.
3. The Direct seller
shall have the option to return the currently marketable goods purchased by
him/herwithin 30 daysfrom the date of the purchase. Such return shall be
governed by the return policy published on the website of the company.
OTHER GENERAL TERMS AND CONDITIONS
1. General Duties
2. Direct Seller
shall use his/her best efforts to promote the sale of goods and services and
maximize them. Direct Seller shall also provide reasonable assistance to
Company in promotional activities. Direct Seller will assist the company by
taking part in all promotional events, use the marketing inputs judiciously for
maximizing orders for the company. Direct seller shall offer accurate and
complete explanations and demonstrations of goods and services, price, payment
terms, return policies etc. to a prospective consumer. He/she shall also take
care for all obligations; provisions, terms and conditions etc. of the model
guidelines on direct selling issued by the Govt. of India, Ministry of Consumer
Affairs, Food & Public Distribution Department of Consumer Affairs vide
F.No. 21/18/2014-IT (Vol-II) dated 9th Sept., 2016.
3. The Company
reserves its right to withheld/block/suspend the Direct Seller in the event the
Direct Seller fails to provide any details as desired by the Company from time
to time including but not limited to his/her Pan Card details.
iii. In case the Direct Seller losses his
contractual capacity due to any reason or in case of death of the Direct
Seller, either his nominee or one of the legal heir with the written consent of
all the legal heirs may join the Company as Direct Seller in place of the deceased
provided he applies in prescribed form and undertakes to abide all rules and
regulations, terms and conditions etc. in the same manner as that of original
Direct Seller. In case of failure to arrival at such consent within six
months from the date of death of the Seller or losing his/her contractual
capacity, the Company shall be at liberty to terminate the Unique ID. For this
period the Company will keep his/her Unique ID in abeyance.
1. Direct Seller
shall be sole responsible for all the arrangements, expenses, permission from
local authorities, complying with rules of Central Government, State
Government, local body or any other Government body for the meetings and
seminars or any other event conducted by the Direct Seller.
2. Direct Seller is
prohibited from listing, marketing, advertising, promoting, discussing, or
selling any product, or the business opportunity on any website/online
portal/mobile application/online forum/or any other manner that offers like
auction as a mode of selling.
vii. The Direct Seller hereby undertakes not to
compel or induce or mislead any person with any false statement /promise to
purchase products from the Company or to become Direct Seller of the Company.
1. Modification of
The Terms and Conditions
Notwithstanding anything stated or provided herein,
Company reserves the complete and unfettered rights and discretion to modify,
amend, alter, or very the terms and conditions, products, marketing plan,
business and any other policies at anytime without any prior notice. Modification
shall be published through the official website of the Company or any other
mode as company may deem fit and proper and such modification/amendment shall
be applicable and binding upon the Direct Seller from the date of such
modification/notification. If the Direct Seller does not agree to such
amendment, he/she may terminate his/her direct sellership within 45
days of such publication by giving a written notice to the Company to such
effect. Without any objection to such modifications/alterations, if Direct
Seller continues his/her activities, it shall be deemed that he/she has
accepted all modifications and amendments in the terms & conditions.
1. Sole Compensation
The Company shall pay to the Direct Seller sales
incentive as prescribed in the marketing plan. The marketing plan shall be
available at website of the company. The sales incentive will be subjected to
the relevant taxes as applicable. The Company reserves its right to revise the
rate of sales incentive from time to time. The Company does not
guarantee/assure any particular or fixed facilitation fees or fixed income to
the Direct Seller.
1. Indemnification by
The Direct Seller hereby indemnify the company, its
employees, directors, agents, and each of their Affiliates (the “Indemnified
Persons”) against, and agree to hold them harmless from, any and all damages
(including any claim, charge, action, depletion or diminution in value of the
assets of the Company, loss, liability and expense (including, without
limitation, reasonable expenses of investigation and reasonable attorneys’ fees
and expenses in connection with any action, suit or proceeding) (hereinafter
referred to as “Loss”) incurred or suffered by the Indemnified Persons and
arising out of or relating to any misrepresentation, negligence, malfeasant
acts or breach of Warranty, or any breach of any covenant or agreement made or
to be performed by the direct seller pursuant to these terms & conditions.
Responsibilities of Direct Seller
2. Expense of Doing Business
Direct Seller shall bear the cost and expense of
conducting its business in accordance with these terms and conditions. The
company will not entertain any re-imbursement on any expense made by the Direct
Seller other than sales incentive earned by the Direct Seller as per the
1. Use of Marketing
Material with Prior Permission.
Use of company logo, product logo, any advertising
/ promotion / marketing activity conceived originally by the Direct Seller
shall be first approved in writing by the company before being used /
iii. Customer Complaints
Direct Seller shall notify the Company of any
Customer's complaints regarding either the Products or the services by the
direct sellers and immediately forward to Company the information regarding
(a) During the term of association.
During the term of association as direct seller
with Fashion Suiting Private Limited, Direct Seller shall and / or his/her
relative as defined under these terms & conditions elsewhere not represent,
promote or otherwise try to do direct selling activities that, in Company's
judgment, compete with its direct selling activities.
(b) After the termination
For a period of [12 months] after the Direct Seller
is no longer in arrangement with the Company, the Direct Seller or through his
relative will not, directly or indirectly, either as proprietor, stockholder,
partner, officer, employee or otherwise, distribute, sell, offer to sell, or
solicit any orders for the purchase or distribution of any products or services
which are similar to those distributed, sold or provided by the Company.
TERMINATIONS AND CESSATION
The Company shall be at complete liberty to
terminate the direct seller ship in occurrence of any of the following event:-
1. Where a direct
seller is found to have made no purchases by himself/herself of goods and
services for a period of 3 months since the date of joining the direct
sellership or where there is no purchases by himself/herself of goods or
services for a continuous period of 6 months since the date of the last
2. Where a direct
seller failed to comply with any terms and conditions.
iii. Where information given by direct seller found
1. Where direct
seller migrate to the other country.
2. Where direct
seller is convicted of an offence punishable imprisonment of whatever term.
3. Where direct
seller resign voluntarily.
vii. Where company deem it necessary to terminate
the direct seller in the interest of company’s business or in the interest of
others direct sellers connected in his/her group/teams:-
Return of materials. All of Company's trademarks,
trade names, data, photographs, literature, and sales aids, all kind of
customer related database and any other information generated shall always
remain the property of Company. Within five (5) days after the termination of
direct sellership, Direct Seller shall return all such items to company. Direct
Seller shall not make or retain any copies of any confidential items or
information that may have been entrusted to it. Effective upon the termination
of direct seller ship, Direct Seller shall cease to use all trademarks, marks
and trade name of Company.
The company is free to review the performance of
direct seller at timely intervals. Any Direct Seller not performing to the full
satisfaction of the company in terms of securing new orders, in compliance of
company's policies and terms and conditions is liable to be terminated.
Direct Seller acknowledges that by reason of its
relationship to Company hereunder, it will have access to certain information
and materials concerning Company's business plans, customers, technology, and
products/services that is confidential and of substantial value to Company,
which value would be impaired if such information were disclosed to third
parties. Direct Seller agrees that it shall not use in any way for its own
account or the account of any third party, nor disclose to any third party, any
such confidential information revealed to it by the Company.
Company shall advise Direct Seller whether or not
it considers any particular information or materials to be confidential. Direct
Seller shall not publish any description of the Products/Services beyond the
description published by Company and without the prior written consent of the
Company. In the event of termination, there shall be no use or disclosure by
Direct Seller of any confidential information of the Company.
RECOURSE AND JURISDICTION
The terms and conditions stipulated in the forgoing
paragraphs shall be governed in accordance with the law in force in India.
Subject the Arbitration Clause of these terms & conditions, all Disputes,
either civil or criminal in nature, shall be subject to the exclusive
jurisdiction of the courts in Aligarh ( U.P.) only and nowhere else.
DISPUTE RESOLUTION AND ARBITRATION
If any dispute arises between the Parties in
connection with or relating to these terms & conditions, including the
validity, interpretation, implementation, termination, or alleged material
breach of any provision thereof, the Parties hereto shall endeavor to settle
such dispute amicably. In the event any dispute is not amicably settled within
a period of 30 (thirty) days after any Party has given notice to the other
Parties of the existence of such dispute and requiring an amicable settlement
thereof, the same shall be, at the request Party, settled by arbitration.
Any arbitration in these terms & conditions
shall be conducted by a sole Arbitrator appointed mutually by all disputing
Parties, or in case of disagreement as to the appointment of the sole
Arbitrator, by a panel of three (3) Arbitrators, of which the Company shall
appoint one (1) Arbitrator, the direct Seller shall appoint the second Arbitrator
and the third Arbitrator shall be appointed by the two appointed Arbitrators.
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act, 1996. Each Party shall bear its own cost of arbitration.
The Arbitration proceedings shall be held in Aligarh
( U.P.) India. The Arbitration proceeding shall be governed by the Laws of
India. The proceedings of arbitration shall be in English language. The
Arbitrator’s award shall be substantiated in writing. The Arbitrator may also
Any decision of the arbitrators will be final,
binding and incontestable. The Parties agree that no Party shall have any right
to commence or maintain any suit or legal proceedings (other than for interim
or conservatory measures) until the Dispute has been determined in accordance
with the arbitration procedure provided herein and then only for enforcement of
the award rendered in the arbitration. Judgment upon the arbitration award may
be rendered in any court of competent jurisdiction or application may be made
to such court for a judicial acceptance of the award and an order of
enforcement, as the case may be. The Parties hereby waive any application or
appeal to any court of competent jurisdiction to the fullest extent permitted
by Law in connection with any question of Law arising during the course of
arbitration or any award made.
The Company shall not be liable for any failure to
perform its obligations where such failure has resulted due to Acts of Nature
(including fire, flood, earthquake, storm, hurricane or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization,
acquisition of the company’s asset by the government to any other
government/semi government agency, civil/financial emergency by the government,
any other government sanction, blockage, embargo, labour dispute, strike,
lockout or interruption or failure of electricity, Raw Material Supply
Constraint, or any type of redirection by Government (Central and / or State),
Local Authority or any other government department.
SOLEMNLY AFFIRM AND DECLARE AS FOLLOWS:
1. That I have read
and understood the terms and conditions for appointment of Direct Seller of the
2. I have also gone
through the Company's official website, printed materials, brochures and
convinced about the business and I have applied to appoint me as a Direct
Seller on my own volition.
iii. I declare that I have not been given any
assurance or promise or inducement by the Company or its Directors in regard to
any fixed income incentive, prize or benefit on account of the products
purchased by me.
1. I have clearly
understood that eligibility of income exclusively depends on my performance in
business volume as per the business plan. I further agree that company reserves
the right to change the Business Plan at any point of time without any prior
2. I undertake not to
misguide or induce dishonestly anybody to join the Company.
3. I hereby agree and
adhere to the terms and conditions as stipulated along with the application
form and as mentioned above to agree to purchase the product as Consumer/to do
the Direct Seller activities.
4. I am satisfied
with products purchased by me from cmps.
vii. I hereby agree to submit all disputes to
arbitration as provided in the terms and conditions of the Company.
AADHAR CARD,VOTER CARD,PHOTO