Moira Life

TERMS & CONDITIONS OF MOIRA LIFE PARTNERS

TERMS & CONDITIONS OF MOIRA LIFE PARTNERS
1.Registration:
The application for appointment of direct seller as a PARTNER of Moira Life Pvt Ltd (Moira Life) shall be subject to these Terms and Conditions which constitute the entire agreement with PARTNERS and the applicant hereby confirms that she/he is 18 years of age or older.

2.Due Diligence:
PARTNER agrees to have her/his personal details being checked and shared to fraud prevention agencies and to Moira Life making searches from time to time of her/his details with such agencies and keeping a record of that search. PARTNER agrees that Moira Life shall have the right to use such information and any future activities and payment records of PARTNERS.

3. Obligations of PARTNERS while performing Activities
3.1 PARTNERS shall promote the lawful sale of Moira Life’s products and business opportunity and shall also have the option of using Moira Life’s online solution including social selling, m-commerce or any other online selling options (Moira Life Online Solution). No other online platform is permitted for sale of Moira Life’s products by the PARTNERSs.

3.2 Moira Life Online Solutions shall be exclusive property of Moira Life and PARTNERS shall not have any rights over Moira Life Online Solution and contents thereof except to the extent required and granted specifically by Moira Life to do Activities for Moira Life.

3.3 Activities mean all the transactions online or otherwise related to lawful promotion of sales and business opportunity, generation of sales leads by the PARTNERS as per Moira Life’s policies and guidelines amended or supplemented by Moira Life from time to time.

3.4 PARTNERS shall agree that while performing Activities she/he shall:
a.  Honour Moira Life’s tradition of integrity and personal service and the applicable Moira Life Guarantee;
b.  Make no statements, claims or representations, or do any act that would impair the name, reputation or goodwill of Moira Life;
c.  Not sell Moira Life Products for resale to or through third parties, any business entity or any type of retail establishment or any internet site unless authorized by Moira Life;
d.  Neither make export shipments of Moira Life products nor knowingly sell products to other individuals who intend to export those products unless authorized by Moira Life;
e.  Should carry the identity card and not to visit the consumer’s premises without prior appointment/approval;
f.  At the initiation of a sales representation, without request, truthfully and clearly identify herself/himself, Moira Life, the nature of the product sold and the purpose of the solicitation to the prospective consumer;
g.  Offer a prospective consumer accurate and complete explanations and demonstrations of the products, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales services;
h.  Keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details of the Activities performed as PARTNERS as per applicable law;
i.  Provide following information to the prospect / consumers at the time of solicitation of sale, namely:
(i)   Her/his Name, address, registration number or enrolment number, identity proof and telephone number of and details of Moira Life;
(ii)  A description of the products to be supplied;
(iii)  Explain to the consumer about the goods return policy of Moira Life in the details before the transaction;
(iv)  The Order date, the total amount to be paid by the consumer along with the bill and receipt;
(v)   Time and place for inspection of the sample and delivery of good;
(vi)  Information on how to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;
(vii) Details regarding the complaint redressal mechanism;

3.5 The PARTNERS shall not:
a.   Use misleading, deceptive and / or unfair trade practices;
b.   Misrepresent about the actual or potential sales or earnings and advantages of Direct Selling to any prospective PARTNERS, while interacting with prospective PARTNERs;
c.   Make any factual representation to a prospective PARTNERS that cannot be verified or make any promise that cannot be fulfilled;
d.   Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and this agreement or the products being sold which is false and / or misleading;
e.   Require or encourage PARTNERs recruited by the first mentioned PARTNERS to purchase products in unreasonably large amounts;
f.   Provide any literature and/or training material or collateral to a prospective and/or existing PARTNERS, which has not been approved by Moira Life;
g.   Require prospective or existing PARTNERS to mandatorily purchase any literature or training materials or sales demonstration equipment.
h.   If any Partner registers himself/herself with Moira life and his/her ID remains Red for 3 months, in such situation that respective ID will be terminated. Same can be re-registered in the system after 6 months of the termination.

4. Conflict of Interest:
PARTNERS may engage in any other business, occupation or activity provided that such business, occupation or activity does not, in Moira Life’s opinion, cause a breach of or conflict with any of the PARTNER’s obligations under these Terms & Conditions or a conflict with Moira Life’s interest.

5. Moira Life Partnership Program:
5.1 PARTNERS shall be entitled to join Moira Life Partnership Program – a sales program pursuant to which he/she shall undertake business development activities including appointing and training new PARTNERs and receive awards, incentives and other benefits including commission on the sales revenue generated by her/his Downline PARTNERs. PARTNER needs to meet the standards to become a distributor and to comply with applicable laws and regulations, Moira Life’s applicable schemes, plans, policies, procedures or guidelines for the Moira Life Partnership Program amended from time to time.

5.2 As a distributer, PARTNER shall be responsible for ensuring the accuracy and authenticity of address mentioned and identity proof provided by the Downline PARTNERS and ensuring the payment of dues to Moira Life by the PARTNERS and her/his Downline PARTNERSs on timely basis; failing which Moira Life shall be entitled to take any action against the PARTNER as it may deem fit.

5.3 Moira Life shall be entitled to adjust/withhold the amount of commission due to a PARTNER against any outstanding amounts due from that PARTNERS and/or his or her Downline Partners, if any.

5.4 Commission shall be payable subject to applicable tax deducted at source. In the event, PARTNERS has not provided the PAN card details, a higher tax be deducted as per applicable rate under the laws. The normal applicable rate of tax be deducted from the date of receipt of PAN card details of PARTNERS by Moira Life.

5.5 PARTNERS undertakes to comply with the requirement including registration and filing of appropriate return under Goods & Service Tax Act and rules thereunder as and when the same is applicable.

1. Moira Life shall be entitled to suspend the registration of a Partner in case she/he does not place any personal purchase order or in case of using Moira Life Online Solution no order is placed under her or him for a consecutive period of 6 Months. In case of suspension all downline PARTNERs/leader will be inherited to the immediate upline of the suspended Partner.
   
2. If any Partner registers himself/herself with Moira life and his/her ID remains Red (zero order placed from DOJ) for 3 months, in such situation that respective ID will be terminated. Same can be re-registered in the system after 6 months of the termination.

6. Independent Contract:
6.1 PARTNERS agrees that she/he is an independent PARTNER and not an employee nor agent nor partner of Moira Life and has no authority to bind Moira Life contractually to incur any liability on behalf of Moira Life.

6.2 PARTNERS agrees that she/he shall be responsible for compliance with all matters associated with the status of self-employed individual including payment of all tax, pension, insurance contributions or other business expenses and shall possess all licenses, permits, insurance and or registrations at her/his cost for conducting Moira Life business or activities.

7. Ordering/Return Policy/Payment:
7.1 All purchase orders are subject to product availability and acceptance by Moira Life.

7.2 Unused products in marketable conditions can be returned to Moira Life within 30 days of purchase from Moira Life along with original invoice.
7.3 Payment - Moira Life provides online as well as Pre payment options for all purchases against the confirmed orders.

8. Commission:
PARTNERS shall get commission on all the sales revenue generated by Moira Life based on sales leads generated by PARTNERS and her or his eligible Downline PARTNERs as per the compensation model of Moira Life as amended from time to time.

9. Intellectual Property:
9.1 PARTNER agrees that she/he shall not, except to the extent authorized in the applicable policies, procedures and guidelines, use or exploit Moira Life’s intellectual property rights which include but not limited to trademarks, or trade names or any logos, product names, designs or copyright belonging to Moira Life.

9.2  PARTNER agrees that all advertising materials must comply with policies or guidelines issued by Moira Life from time to time. Moira Life may request the removal of any advertising materials regardless of whether such materials were previously approved.

9.3 PARTNER agrees not to use or register, and do not currently own, any domain names, keywords or metatags that include, in whole or in part, any of Moira Life’s trademarks including, without limitation, the name MOIRA LIFE, and that she/he hereby consents to transfer to Moira Life any such domain names.

10. Security and Privacy and Data Transfer:
10.1 PARTNER agrees to be bound by the requirements of any applicable data protection laws and Moira Life’s Security and Privacy Statement, as amended from time to time and undertake not to use and disclose any personal information collected while performing as PARTNERS for and or to any third party. Moira Life’s Security and Privacy Statement can be found at Moira Life’s website.

10.2 PARTNER acknowledges and consents to her/his personal information being collected, used, processed, and transferred by Moira Life and its affiliated entities, and authorized third parties, including but not limited to entities in countries that have a different level of data protection for the purposes described in the Moira Life’s Security and Privacy Statement. In addition, PARTNERS consents to use of data for marketing or other purposes, using electronic or other means as described in Moira Life’s Security and Privacy Statement available at www.MoiraLife.in

10.3 PARTNER understands that she/he may withdraw her/his consent to this transfer of personal information, but if such PARTNERS chooses to withdraw her/his consent, Moira Life reserves the right to terminate the relationship with such PARTNERS.

11. Compliance:
11.1 PARTNER agrees to be bound by these Terms and Conditions, any applicable laws and regulations including Direct Selling Guidelines 2016 and any amendment thereto, and any applicable policies, procedures or guidelines issued by Moira Life, which may be amended from time to time as Moira Life deems necessary. Such policies, procedures, or guidelines shall form part of these Terms & Conditions as if set out in full in these Terms & Conditions.

11.2 PARTNER agrees that violation of any of the above requirements shall result in any disciplinary actions deemed appropriate by Moira Life including but not limited to termination of PARTNERS.

11.3 PARTNERS shall indemnify Moira Life for any liability for any claim arising out of the breach by the PARTNERS of these Terms & Conditions.

12. Restriction on Recruiting Downlines:
The PARTNER understands that all the schemes as may be introduced by Moira Life shall be to encourage genuine business practices and undertakes that she/he will not appoint any of her /his family members either under her/him or any other leader, with the intent to defraud Moira Life or taking undue advantage of the scheme and or for other ulterior motive as may be determined by Moira Life. In case Moira Life finds any such appointment, a) shall be entitled to terminate such appointment without any obligation to notify the leader and the PARTNER so appointed or b) disqualify the leader from Partnership/membership c) disqualify such PARTNERS/Leader from any commission/incentive program.

13. Confidential Information:
Information provided in connection with these Terms and Conditions and the contact details of Downline PARTNERS, which is not publicly disclosed shall be kept confidential and shall not be used or divulged other than in the proper cause of performance of the obligations under these Terms and Conditions, failing which Moira Life shall be entitled to take disciplinary action including termination of relationship with Moira Life.

14. Termination:
14.1Moira Life has the right to terminate the contract with PARTNERS in case she/he does not place any purchase order for a continuous period of 1 year. PARTNER has the right to voluntarily resign as PARTNERS for any or no reason with immediate effect after clearing all the outstanding dues to Moira Life.

14.2 Once PARTNER is terminated or PARTNER voluntarily resigns, PARTNER will lose her/his right to any recognition or award, or right to attend any Moira Life function, or commission or other benefits under the Moira Life Sales Partnership Programme.

14.3 Except in the case where termination is caused by PARTNERS’s breach of any of these Terms & Conditions, PARTNERS shall have the right to return to Moira Life products purchased prior to such termination, subject to the terms and conditions applicable to product returns.

14.4 Furthermore, PARTNER agrees that her/his registration as PARTNERS shall be terminated for inactivity, as set forth in the applicable policies, procedures and guidelines.

15. Partner shall mandatorily provide his/her bank account details to Moira Life. If the Partner’s bank account details are not updated with Moira Life and if the Partner is entitled to monthly commission between Rs 100 to Rs 499 then Moira Life will issue a product voucher in the wallet against such accrued commission amount. (Pay-out will be made only when cumulative bonus reaches Rs 100).

16. Amendment:
Moira Life reserves the right to amend these Terms and Conditions, including Moira Life’s policies, procedures or guidelines at any time by giving the PARTNERS written notice to the PARTNERS’s address on record. If PARTNER has signed up to conduct her/his activities online or has provided Moira Life with her/his email address, PARTNER expressly authorizes Moira Life to issue communications and invoices electronically, by email to the PARTNERS or by posting messages or notices on Moira Life’s website, and any such communication shall be deemed appropriate as written notice.

17. Others:
17.1 These Terms and Conditions, applicable policies, procedures or guidelines and Sales Partnership Program issued by Moira Life amended from time to time, constitute the entire understanding between the parties and supersedes any previous contract or understanding. 

17.2 The rights and obligations of PARTNERS may not be transferred or otherwise assigned without the prior written consent of Moira Life, except in case of Nominee duly appointed by the PARTNERS. The Nominee appointed by the PARTNERS shall be the sole assignee of all rights, interest, liabilities and obligations of the PARTNERS in her or his Moira Life business. This assignment and transfer of rights and obligations shall be effective after the demise of the PARTNERS provided the Nominee submit the death certificate of the PARTNERS and agrees to sign the then current PARTNERS Agreement within 6 months of the demise. Moira Life shall not entertain any request or claim by any person other than the Nominee duly appointed by the PARTNERS. Moira Life shall have a right to reject any such nomination if it finds the profile of the Nominee not suitable to be a PARTNERS or Leader under Moira Life's policies or under the local laws. The Nominee shall also be liable to discharge any obligations and clear all the outstanding due from the demised PARTNERS to Moira Life. 

17.3  Articles 9, 10, 11, 13, and 16 shall survive the termination of or voluntary resignation by the PARTNERS.

17.4  These Terms and Conditions shall be governed and interpreted by the laws of India and any dispute, controversy or claim arising out of, relating to or in connection with, these Terms and Conditions or the breach, termination or validity thereof, shall be finally settled by arbitration. The seat of the Arbitration shall be at New Delhi, India. The Managing Director of Moira Life or any other person duly authorized by the Managing Director shall be the sole arbitrator. The arbitration shall be conducted in English Language. The arbitral award shall be in writing and be final and binding on the parties. The award may include an award of costs and interest on the amount in dispute.

17.5 That this Agreements shall be governed by the Indian Contract, 1872, The consumer Protection Act, 1986, “Advisory to state Government/Union territories on Model Guideline on Direct selling” issued by the Department of consumer Affairs, Ministry of Consumer Affairs, Food & Public Distribution, Government of India Dt. 09th Sep. 2016 F.NO. 21/18/2014-IT (Vol-II). laws, Rules, regulation and Direction issued by the Central and State Government of India and any proceedings arising out of this Agreements shall be initiated in the appropriate Indian court and all orders and decrees would be expressed in Indian language. That the parties hereby agree that nothing contained herein shall prejudice the right of the company to appoint another Direct seller in the same territory or to open retail outlets if found necessary