Everlyn Healthcare India Pvt. Ltd.
106/41, Flat No.: A-100, Rajouri Garden Extension, Near Tagore Garden Metro Station
City : Delhi  -  Delhi NCR -  110027

1TERMS & CONDITIONS FOR IBO’s (Signing up the Registration Form with EVERLYN)
2EVERLYN HEALTHCARE INDIA PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 and having its Registered Office in Delhi, hereinafter referred to as "the Company“ or “EVERLYN” or “we” whichever is appropriate. The Company is inter-alia into the business of Direct Selling of various products such as Consumer Durables, FMCG, Health Products, etc., The Company exclusively uses website to display the details of the products, marketing methods, business monitoring, while uses the word of mouth publicity to promote and create awareness about the company and its products.
3The Company does appoint freelance Independent Distributors across the country for marketing and sale of products. Interested individuals/body corporate can order the products upon they being satisfied with the quality and services they can become a freelance Independent Distributor (herein after may be referred as “IBO”) of the company, if they wish to by applying for the same in the prescribed form and thereby accepting the Terms and Conditions mentioned. EVERLYN doesn’t collect any Registration Charges and are absolutely FREE AND EASY to get enrolled as Customer/Registered Distributor.
4Before filling the application form, the intending Distributor is advised to go through the terms and conditions mentioned herein below thoroughly along with those mentioned in the official website of the company during placing an online order and subject to such terms and conditions shall append their signature by way of marking tick in the column provided as a token of their acceptance of the terms and conditions mentioned therein.
5I. Definitions The following words used in these presents shall have the meaning as defined hereunder; A. Company – Means EVERLYN HEALTHCARE INDIA PRIVATE LIMITED. B. Consumer – Means and includes individuals/body corporate (including Partnership Firms) who purchases products from the Company. C. Independent Business Owner (IBO) - Independent Business Owner is the individual person/body corporate (including Company/Partner Ship firm, proprietary concern) who is competent to enter into contract as per the Indian Contract Act provided, such interested person has purchased products from the Company and opted to Participate in Business opportunity. D. He - Shall mean and include male, female, and body corporate, partnership firm who applies for the Distributorship of the Company. E. Product - Shall mean and include all the products marketed by the Company from time to time. F. Manufacturer - Means and include Manufacturers of the products marketed and sold by the Company from time to time. G. MRP - Means and includes Maximum Retail Price printed over the price tag appended to the products. H. Facilitation Fee - Facilitation Fee is the amount/income an IBO may earn by marketing/referring the products of the Company. I. IBO ID - Means unique identification number issued by the Company to the Consumer/Independent Distributor and is issued to Independent Distributor as a token of acceptance of his application seeking for distributorship for the products of the Company. J. Password - Password means, unique code allotted to each of the Consumer/Independent Distributor to allow them to log on to the website of the Company. K. Website Means website of the Company www.OUREVERLYN.com, or any official website (including through mode of mobile app) communicated through official communication channels of the company. EVERLYN has developed business brands within itself, each of which is a separate business identity in itself -
6II. THE APPOINTMENT AND UNDERSTANDING A. The Company upon scrutiny and verification of the Application may consider the Applicant as an "IBO” for the products marketed by the Company. IBO shall enjoy the following privileges after such recognition. i. No territorial restriction to market the products, but limited to India. ii. Company shall maintain sales account of the IBO and shall be made available for viewing through their website. iii. An Unique IBO ID and password shall be awarded to facilitate viewing of their respective business account. iv. There shall be no specific targets; however earnings shall be in proportion to the volume of sales done by the IBO by self or through team as stipulated. v. IBO Distributorship may be awarded as a privileged consumer with no deposit, but subject to accepting terms and other conditions. vi. IBO Distributorship is awarded without any commitment/or promise from the company in terms of possible earning potentials.
7B. The IBO, upon appending his signature by way of marking tick wherever asking to read the Terms and Conditions and to confirm and upon confirming through online in the company’s official website, shall be deemed to have accepted the Distributorship as IBO and hereby covenants as under; I. That he has clearly understood the Business Opportunity, marketing program, the compensation plan, its limitations and conditions and, he is not relying upon any representation or promises that is not set out in this term and conditions or other officially printed or published materials of the company. II. Shall act as an independent body and shall not commit any misfeasance or malfeasance to create any liability/obligation over the company of whatsoever nature. III. An IBO is not an Agent/Employee or any other Legal representative of the company or its service providers. IV. He has attained the age of majority and is competent to enter into a contract as provided in the "INDIAN CONTRACT ACT". Necessary proof thereof shall be submitted as and when required by the Company. V. IBO hereby undertake not to accept cash from any new consumer introduced by him for buying the products and discourage his team members from accepting cash from any buyers or from other IBOs. VI. Distributor contract: It includes the following: i. The Independent Business Owner Application Form; ii. These Terms and Conditions forming part of Independent Business Owner Application; iii. The Code of conducts of EVERLYN; iv. EVERLYN Refund policy; v. Quality Assurance Standards;
8III. GENERAL TERMS I. The company under no circumstances will accept payment in cash for product Sales. II. The company may appoint any Third Party for Collection/distribution services. IBO is required to visit the companys official website from time to time to know such an appointment and avail facilities such as walk in to their outlets and make Payment and collect a valid receipt and products from them. III. The Products can be ordered online through our website and the payment in the form of demand draft/CHEQUE/NEFT/RTGS favoring "EVERLYN HEALTHCARE INDIA PRIVATE LIMITED", Payable at DELHI, has to be sent / submitted at our authorized outlets/office, against which the product/s ordered will be delivered to the purchaser/authorized person. If the payment has been done through Credit Card/Debit Card using payment gateway process or through Terminal Swiping machine, the same or the front side photo copy of the ‘same has to be presented with the ID proof, at the time of product delivery, by the purchaser either while collecting the product from the delivery outlet or while product getting delivered at the purchaser’s delivery address. IV. All consumers/ IBO before ordering online or making the payment are advised to physically look and feel the products that are available for demo/display at our locations, as such the images shown in the company’s website / printed materials or through, any other mode by the company is only for reference and the actual product may vary. V. Neither it is compulsory nor mandatory to participate in the business plan of EVERLYN and Purchasers who wish not to join the business can opt to do so by checking the "Free & Optional Business option box during registration process. You will however, need to provide the direct / enroller details (without which products cant be purchased as such Company take every possible steps to make the purchaser understand about the company, products, policies, etc., and also to make ensure that the purchaser is properly guided to buy EVERLYN products or before entering in to EVERLYN Business Opportunity) and such purchaser will be termed as "Consumer". VI. IBO may refer new customers through ‘Customer Registration Process’. However, these customers will not exist in the Business Opportunity system (genealogy/distributor) network. The customers will buy products of their choice at the given MRP Price; respective PVs/BVs will be accounted as self-BVs of their introducing distributor. The consumer is not entitled for any Facilitation Income or monetary benefits from the company, but they will have all rights as a consumer and privileges being a registered consumer. VII. A consumer who has purchased the products from EVERLYN, can choose to join the business opportunity free of cost, which he can do so by confirming from his Business centre login (where in access will be provided for 30 days, within which they need to confirm and beyond that he/she needs to contact the company’s customer care department with all his/her purchase information to re-activate his business centre, so as to understand whether the consumer has got the required information about the company, before entering in to a Business Opportunity). VIII. The IBO will be eligible towards facilitation fees or income, as per the volume of sale of products/ business done by him, subject to the eligibility norms formulated by the company from time to time. The company does not guarantee/assure any facilitation fees or income to the distributor on account of becoming just a mere "IBO " of the Company. IX. Unique ID has to be quoted by the IBO in all his transactions and correspondence with the company. The Unique IBO ID once chosen cannot be altered at any point of time. X. No communication will be entertained without unique IBO ID and basic information, if he is contacting company other than logging in online. IBO shall preserve the IBO ID properly as it is before logging on to website. XI. There is no deposit or any charges for becoming a IBO of EVERLYN HEALTHCARE INDIA PRIVATE LIMITED. XII. IBO shall also provide reasonable "after sale" support to Product purchasers and generally perform such sales related activities as are reasonable to promote the Products and the goodwill of the Company in the Territory; XIII. The IBO shall not sell any Product for a price exceeding the Maximum Retail Price mentioned on the labels of the products. XIV. TDS and any other applicable charges will be deducted by the Company as per the prevailing norms at the time of making payment. XV. Those IBO who are not achieving their minimum monthly purchase obligation for last 12 month, the said IBO Distributorship will be Terminated/blocked. XVI. IBO Undertake to adhere to policies, procedures, rules & regulations formed by the company. XVII. The IBO shall be faithful to the company and its co- IBO and shall uphold the integrity and decorum of the company and shall maintain good relations with other IBO and other clients. The IBO understands that, the company shall be at liberty to accept or reject his application to become a IBO. XVIII. The Company reserves its right to modify the terms and condition, products, plans, business and policies with/without giving prior notice. Such notice may be published through the official website of the company, and any such modification/amendment shall be applicable and binding upon the IBO from the date of such publication. XIX. The Company does not collect any membership charges or Registration Fees.
9IV. PRICES / PAYMENT a. The Updated Products and their Price lists are available on the companys official website and the amount to be paid (only after complete satisfaction with the description/ features available on the website and if possible, the physical verification of the product can be had by the purchaser by visiting our authorized outlets) by way of Bank Demand Draft favoring "EVERLYN HEALTHCARE INDIA PRIVATE LIMITED” payable at “DELHI” or through online payment gateway or swiping machine option or E-Wallet while placing the order. b. It is mutually agreed between the parties that the Consumer/ IBO if satisfied about the product package ensure that the amount towards such product should reach the companys branch/authorized outlets within 30 days from the date of ordering the same online. In case the Product Purchaser fails to make payment within the aforesaid 30 days period to the company, it is up to the companys discretion either to accept the payment on the norms prevailing at that point of time or that this Agreement stands terminated and will be deemed as null and void. c. It is mutually agreed between the parties hereto, that the company is at liberty to change / modify the quantum of product cost payable under this Agreement in future or provide for additional Product / Services at such additional cost as may be determined by the company. d. The company offers 30 days money back guarantee, from the date of receipt of payment, in case of unsatisfied with the product, provided its in unused condition and as per Returns Policy. e. The product rates and specification is also subject to change and may vary from time to time. f. The company will not be responsible for any loss or damages if caused due to any technical error in the web links provided in the website, payment gateway, typographical errors etc. g. The commission is distributed from the profit of the company if the company is in loss then the company is not libel to pay any commission till the company recover their losses.
10V. PROHIBITIONS i. IBO is prohibited from listing, marketing, advertising, promoting, discussing, or selling any product, or the business opportunity on any website or online forum that offers like auction as a mode of selling. Please refer to code of conduct of our Distributor Policies and Procedures for complete details. ii. The IBO is prohibited from committing such acts, that may be detrimental to the business of other IBO selling the company’s products, and/or in any which way disrupt the market of other IBO for selling the company’s products, including but not limited to sale of products below MRP on e-commerce platforms such as Flipkart, Shopclues, Snapdeal, Amazon, among others, falling which the IBO distributorship is liable to be terminated. iii. Once a IBO distributorship is terminated, he cannot enter into any of the company premises/meeting locations and his facilitation fee/ his name would be removed and he would not be entitled to receiving any fees going forward immediately. iv. The IBO distributor 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 IBO of the company.
11VI. DUTY AND CONFIDENTIALITY Parties shall maintain confidentiality with respect to company’s information including but not limited to company’s policies, product details, facilitation fees etc., save and except to the extent that is required for furthering sale of products;
12VII. SPECIAL CONDITIONS Notwithstanding anything stated or provided herein, the company reserves its right to modify, alter or vary the terms and condition in any manner whatsoever they think fit and shall be communicated through official website or other mode as the company may deem fit and proper. Differences if any on such amendment shall be expressed/intimated in writing to the company within 7 days from the date of such amendment. In the absence of receipt of written objection, if any within such stipulated period, all such amendments to the agreement shall be considered as carried with the consent and thereafter any objection/difference shall be considered as waived/surrendered unconditionally.
13VIII. TERMINATION The Company reserves its rights to terminate the IBO Distributorship for any reason not limited to the breach of terms as stipulated herein.
14IX. FORCE MAJEURE 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, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity
15X. RECOURSE AND LEGAL APPLICABILITY i. The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the laws in force in India. Disputes, if any, shall be subject to the exclusive jurisdiction of the courts in Delhi. ii. If any dispute or difference arising out of or in relation to these presents, the same shall be referred to a sole arbitrator appointed by the Company. Arbitration in such event shall be conducted as per the "Arbitration and conciliation Act, 1996" as amended from time to time. Venue of such Arbitration shall be New Delhi and Language shall be English.
16Declaration/Affirmation Solemnly affirm and declare as follows: 1. That I have read and understood the terms and conditions for ‘IBO Distributorship" of the Company. 2. I have also gone through the company official website, printed materials, brochures and convinced about the business and I have applied for the IBO Distributorship on my own volition. 3. I declare that I have not been given any assurance or promise by the company or by its IBO as to any income on account of the product purchase made by me. However I am made to understand that I will be eligible for income/facilitation fees depending upon the volume of business done by me, as per terms and the Company reserves the right to change the Business Plan at any point of time. 4. I undertake not to misguide or induce any one I shall not misguide anyone and appraise them the terms and conditions for anyone to become an IBO to join the company. 5. 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 Independent Business Owner distributorship business. 6. I hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the company.