LEGAL TERMS AND CONDITIONS
by: Genuine life care Pvt. Ltd. LEGAL DOCUMENT March 2020 Please read this document carefully before venturing / accessing the JGLC Pvt. Ltd.
(genuinelifecare Pvt. Ltd.) website at www.genuinelifecare.com or
genuinelifecare.com (“the site”), you are hereby agree to these terms and conditions
which are appearing herein below or as may be modified/amended from time to time
in future, the same shall be binding upon you including all its modifications which JGLC Pvt. Ltd. is having its sole discretion choose to carry out any modification /
amendment in these terms and conditions. If you have any questions or any query,
please contact support@genuinelifecare.com
The company (JGLC Pvt. Ltd.) and the Direct seller undertakes to comply the terms
and conditions including the statuory provisions as mentioned in “The Consumer
Protection Act 2019” and Consumer Protection (Direct Selling) Rules 2021
published in a Gazette Notification dated 28th December 2021, issued by the Ministry
of Consumer Affairs Food & Public Distribution, Department of Consumer Affairs,
Govt. of India. .
1. Introduction:
This site is owned by JGLC Private Limited (“the company”), a company incorporated
under the laws of India. This document is between “you”, the direct seller, and the
company. This document contains the legal information about the company and its
policies etc. and will apply to you whether you are merely accessing the site or are
registering yourself as a direct seller and purchasing the products either by direct seller
themselves or through him or her by the customer. The company reserves its right to
suspend or terminate your access or use of this site at any time, without notice in case
of violation of any of the guidelines issued by the govt. of India stated here in above
or any act done by you by way of contravention of any law of the land or the policies
of the company. The products of the company which are available for the customers
or the direct sellers are displayed on the website and more products can be added in
future after displaying the same on the website or can be removed after giving
appropriate notice to its customer or direct seller to be purchased by the customer /
direct seller
2. Content on the site and business material
All material (including information relating to products) on the site and the material
published by the Company or authorized by the Company for use as part of the
business (“business support material”) belongs to the company and/or its licensees,
trademark, logo etc. and company owns all intellectual property rights in the same.
The mark “JGLC” is used for the company (genuinelifecare Pvt.
Ltd.). All other trademarks / logo appearing on the various goods / products exclusively
belong to the company. You, prospective customer / customer / direct seller undertake
not to violate any intellectual property or any other statutory or common law right
relating to the content displayed on this site and the business support material and if
so, will indemnify the company for the same. You also undertake that you will not
reproduce, modify, replace, publish, licence, create derivative works, sell any or all of
the content on the site or the business support material or create any database in any
form by downloading and storage. The information contained on the site and the
business support material is for your personal use only and for the purposes of the
business marketing plan of the company and is confidential / proprietary in nature. You
undertake not to use this information for all times even after termination of direct seller
agreement for any purposes antithetical to the business of the company. You shall not
use any content, including products offered on this site and/or the business support
material for any illegal purpose or against the purposes or interest of the company. It
is the obligation and the responsibility of the advertiser or sponsor, if their services are
required in future by the company to comply with relevant codes, laws, guidelines
issued by govt. of India.
3. Termination
The company reserves the right to terminate the direct seller agreement in the event
of any breach by you of any of the terms of the same or any act or omission on your
part which is violative of any applicable law or policy, guidelines issued by govt. of
India in respect of direct selling or any other law to be enacted in future by the govt. of
India or any other state govt. or if you commit any act of default. In case of information
received by the company that the Direct Seller are indulged in activities of printing /
displaying / circulating / electronically decimate the material containing the name of
the company and its logo, the same shall be viewed very seriously and entitled the
company to terminate the Direct Seller Agreement with the said Direct Seller in view
of the contravention of the Direct Seller Agreement. The company also reserves its
right to initiate appropriate legal proceedings against you, civil or criminal in nature, at
your sole risk, cost and expense and claim including without limitation damages and
compensation for the breach. You also undertake to indemnify the company on
account of any and all costs or damages that may arise due to any such breach. Apart
from that the company shall be entitled to issue termination notice with immediate
effect to the Direct Seller after coming to know that the said Direct Seller joined some
other company dealing in Direct Selling business activities of same nature as of the
company or opened his own company doing the same business activities.
4. Consideration/Refund/Buy-back Policy/Cooling-off Period
There is clear cut policy of our company with regard to the repurchase/buy-back for
the goods / products which are of currently marketable being sold to the intending
customer / customer / direct seller at their request at reasonable terms. It is specifically
stipulated and notified hereby, on behalf our company that every customer / direct
seller shall be entitled to have a reasonable repurchase/buy-back policy which has
been evoked by our company, where a customer / direct seller within period of 30 days
from the date of delivery of the products / goods by our company is entitled for a full
refund or buy-back guarantee on reasonable commercial terms as mutually agreed
between the customer / direct seller and our company subject to without any damage
/ alteration / physical loss being caused to the product and same would be of
marketable value. Further every customer / direct seller shall be entitled to have a
reasonable cooling off period of 30 days to participate or cancel participation in the
business opportunity of our company and receive a refund of any consideration given
to participate in the operations. It is further notified that every customer / direct seller
during this cooling-off period shall be entitled to return the goods / products purchased
by the direct seller during this cooling-off period subject to without any damage /
alteration / physical loss to the product as of marketable value. However, the products
offered to you by the company and as advertised on the website are for the prices as
mentioned therein. The company reserves its right to modify the pricing structure at its
own discretion including offering the same products at discounts, as part of packages
and even as free add-ons.
4(A). SHIP and DELIVERY POLICY
All the payment details checked thoroughly then the shipping of the product takes
place. All the products are shipped from company’s address i.e. from New Delhi / other
delivery centres to all over India through renowned courier companies. This delivery
of the products will take a minimum of 2 working days to 7 working days subject to
various atmospheric conditions and the availability of the customer at his given
address, etc.
4(B). ECOMMERCE FLOW and INCORP.
We are Direct Marketing company which sells our products through Direct seller who
are independent distributors working on remuneration/commission made by them.
Once a Customer buys a desired product through direct seller, he/she can start
marketing our products and thus start earning commission/remuneration on their
efforts. They are given a unique business centre online where they can manage their
sales and earn commissions/remuneration. Thus they start marketing company’s
products and put customer details in website. Once all criteria are completed then the
individual print the invoice and sent to the company along with the payment. Product
dispatches as mentioned in “Section 4(A) SHIP and DELIVERY POLICY”.
5. Linking and Framing
The company is neither responsible nor liable for any content on any site of which links
are found on this website or which might be framed by this website. All intellectual
property rights in the linked/framed sites belong to that site and the company does not
purport to have any right or obligation in that respect by linking/framing. Links to other
sites do not constitute or imply an endorsement or recommendation by the company
of their products or the content on their site.
6. Misuse of the site and Spam
You are put to notice that you will be liable under civil and criminal law (including
without limitation the Indian Information Technology Act, 2000) for any attempt to
disrupt, tamper, hack, destroy, alter or intentionally or knowingly misuse the site and/or
its contents or use the site for any such purposes. You may not post, transmit or market
any objectionable, threatening, defamatory, illegal, pornographic, disparaging content
through the site or the web space allotted to you for which you will be liable with all
attendant legal consequences. The company disclaims all liability or responsibility for
the content posted or transmitted through your web space and you will be held solely
responsible and liable for the same. Spamming is not a business practice of the
company and you undertake not to utilize the information on the site or the services
on the site, including details of persons, to indulge in spamming or similar activities. In
the event that your involvement, direct or indirect, is suspected in this respect, you will
be proceeded against under applicable laws and be liable to the company for all
damages, including without limitation, aggravated and exemplary damages.
7. Limitation of Liability
The Company does not give any warranties in respect of the site, the content, products
available through the site, unless specified otherwise. The site and the products are
on an “as is” and “as available” basis. To the extent allowed by applicable law the
company disclaims all warranties, conditions or duties of whatsoever nature including
without limitation, any implied warranties of merchantability or of fitness for a particular
purpose, any express or statutory warranties, and any warranties and duties regarding
accuracy, timeliness, completeness, performance, lack of negligence. The company
makes no warranty that the site is or will be free from infection by virus or anything
else with destructive or contaminating properties. You agree that the only recovery of
damages that you may get shall be limited to the direct damages/losses you actually
incur, upto the limit of a refund of the amount you paid for the product/service or will
alternatively be entitled to correction or replacement of the product/service. Moreover,
assignment of DSA Logid stated to have been stand in the name of that DSA in the
record of the direct selling entity shall not be transferred in the name of any other
person except to the terms and conditions as mentioned in the assignment policy date
05-09-2020 enumerated by the direct selling entity.
8. Jurisdiction and dispute resolution
These terms shall be governed by and construed in accordance with Indian law. All
disputes and differences arising out of this Agreement including the interpretation of
this Agreement will be first resolved by the parties amicably, failing which the matter
shall be referred to the sole arbitrator to be conducted in English in New Delhi, under
the provisions of the Indian Arbitration and Conciliation Act 1996, who will be
appointed by the company only. The parties irrevocably agree that subject to the
above, the courts at New Delhi would have exclusive jurisdiction.
9. Direct Seller Agreement
In the event, you purchase the products of the company, apart from the instant legal
document, you all shall be subjected to comply by the terms and conditions contained
in the attached Direct Seller Agreement.
10. General
a) you cannot assign, sub-licence or otherwise transfer any of your rights under these
terms.
b) If any provision of these terms is found to be invalid by any court/tribunal having
competent jurisdiction, the invalidity of that provision will not affect the validity of the
remaining provisions of these terms, which shall remain in full force and effect.
c) ) Failure by any party to exercise their rights or remedies under this Agreement does
not constitute a waiver of that right or remedy.
d) All data and personal details provided by you to the company must be accurate.
The company reserves the right to terminate the agreement in the event any
information given to the company is found to be misleading, false or inaccurate. You
understand that all such data may be disclosed by the company for purposes of
business, compliance with law/regulation or in order to prevent any illegal activity.
e) It is expressly understood by the parties that performance under this agreement
may be prevented by any act of God or force majeure, including without limitation
natural disasters, war, severe technical failures, government law or policy, which will
not be construed by parties to mean failure to perform contractually. In such an event,
all parties will take all possible steps to resume normal performance of obligations
under this agreement.
f) The company will take all possible steps to ensure security of personal information
and passwords and Ids of the user, but cannot and does not warrant such security and
disclaims all liability for any losses or damage resulting from such security breaches.
g) You warrant that you have the legal capacity to enter into this contract and attained
the age of maturity, not incapacitated to manage business due to mental or legal
reasons, not been suspended from current profession or business by any professional
association, society, or institution, or not been committed to imprisonment by any
judicial authority or confined to any correctional institution of any kind.
h)Please note that in case you are employed by any central government/state
government agency, Indian armed forces or any such establishment that disallows you
to work part time/full time/earn commissions/remuneration, you will not be able to enter
into this agreement/document.
11.You accept that it is the prerogative of the management of the company to alter,
amend or reduce the amount of compensation/remuneration to be given to the direct
seller without prior notice.
12. Contact Us
The company can be contacted at the following addresses/numbers:Warangal.
Tel: 9966373744 E mail: support@genuinelifecare.com