Terms and Conditions

M/s ORA Essential’s India Pvt. Ltd. , a Company incorporated under the Companies Act, 1956, and having its Registered Office in JAIPUR, RAJASTHAN,, running business in the name and style as ORA Essential’s India Pvt. Ltd. , hereinafter referred to as “The Company”.
The Company is engaged into the business of direct selling through multi-level marketing and in other business activities as stated in the Object Clauses of memorandum of Association of the Company.

For smooth running the business of direct selling, Company has framed certain rules and regulation, marketing plan and other terms and conditions. Now in order to simplify more, to keep more transparent, to control the fraudulent practices and for betterment of the activities of direct selling through multilevel marketing, Company is modifying its marketing plan, terms and conditions and other rules and regulations w.e.f. 1st Jan. 2016.

The Company exclusively uses its website to display the details of the products, marketing methods and business monitoring. It uses verbal publicity to promote its business.
The Company appoints Distributors across the country for marketing and sale of its products. Individuals (Indian Citizens only) Interested in becoming the Distributor of the Company, can apply for the same in prescribed form. Filling each & every column is mandatory. There is no deposit or any charges for becoming a Distributor of the Company. Before filling the application form, the intending Distributor shall go through the terms and conditions herein below thoroughly and if he agrees the terms and conditions, he shall append his signatures in the column provided hereunder as token of their acceptance.

ORA Essential’s India Pvt. Ltd. (“www.oraessentialsindia.com”) owns and operates this Website. This document governs your relationship with www.oraessentialsindia.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by www.oraessentialsindia.com. Has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

THE APPOINTMENT AND UNDERSTANDING

1) The Company upon scrutiny and verification of the Application may register the Applicant as “Distributor” for Selling the goods/ products of the Company. The Company shall be at liberty to accept or reject the application at its discretion.
2) The Distributor shall enjoy the following privileges:-
A. Incentive for effecting sale of goods /products of the Company as per marketing plan.
B. No territorial restriction to sale the goods/products.
C. Search and inspect his account on website of the Company through password awarded by the Company.
D. Earnings of the Distributor shall be in proportion to the volume of performance by the Distributor either by his personal efforts or through team as stipulated in the marketing plan of the Company.
3) An individual, upon appending his signature at the bottom of these presents, shall be deemed to have accepted the terms and conditions stipulated herein. Upon registration after scrutiny of the application, he shall become the Distributor of the Company. Allotment of password and ID shall be construed as registration as Distributor.

The applicant hereby covenants that as under:

A. That he has clearly understood the marketing methods/plan, the compensation plan, its limitations and conditions. He agrees that he is not relying upon any misrepresentation/s or fraudulent inducement or assurance that is not set out in terms and conditions or other officially printed or published materials of the Company.
B. Relation between the Company and the Distributor shall be governed, in addition to this agreement, by the rules and procedure mentioned in the marketing plan, available on website. The Distributor further confirms that he has read and understood the terms & conditions carefully and agrees to be bound by them.
C. Distributor shall act as a freelancer and shall not commit any misfeasance or malfeasance to create any liability/obligation on the Company.
D. It is made and understood in very clear terms that Distributor 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 will not be deemed to be received by the Company.
E. Distributor, hereby declare that all the information furnished by him are true and correct. Company shall be at liberty to take any action against the Distributor in the event, it is discovered that the Distributor furnished any wrong/false information to the Company.

GENERAL TERMS

• >> The Company may appoint any person for Collection/distribution services. Distributor is required to visit the Company’s official website from time to time to get such appointment and avail facilities make payment and collect valid receipt and products from its outlet/collection Centre.

• >> The Distributor will be eligible for 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 particular or fixed facilitation fees or income to the Distributor.

• >> Member ID has to be quoted by the Distributor for all his/her transactions and correspondence with the Company. The Member ID once chosen cannot be altered at any point of time.

• >> No communication will be entertained without Member ID and password. Distributor shall preserve the ID and Password properly as it is “must” for logging on to website.

• >> Commission/income to the Distributor shall be subjected to statutory deductions as applicable.

• >> The Company reserves its right to withheld/block/suspend the Distributor in the event the Distributor fails to provide any details as desired by the Company from time to time including but not limited to Pan card details.

• >> Processing charges and any other applicable charges will be deducted as per the Company's norms.

• >> Distributor undertakes to adhere for policies, procedures, rules and regulations formed by the Company.

• >> The Distributor shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other Distributor and their clients.

• >> Company reserves the rights to modify the terms and conditions, products, plan, business and policies at any time without notice. Modification shall be published through the official website of the Company and such modification/amendment shall be applicable and binding upon the Distributor from the date of such notification.

• >> In case of death of Distributor either his nominee or one of the legal heir with consent of all the legal heirs may join the Company as Distributor 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 Distributor. In case of failure to arrival at such consent within six months from the date of death of the Seller, the Company shall be at liberty to terminate the ID. For this period the Company will keep his ID in abeyance.

• >> If any Director Seller loses his contractual capacity due to any reason such as lunacy, bankruptcy or sentenced to imprisonment or any other legal embargo is created, his Distributor ship shall be continued through the person duly appointed by the competent Court.

• >> Distributor shall have to follow all statutory laws, rules and regulations in operation of their ORA Essential’s India Pvt. Ltd. business. Distributor shall not engage in any deceptive of unlawful trade practice as defined Statute.

• >> Distributor shall not manipulate the ORA Essential’s India Pvt. Ltd. marketing plan or product's rate, B.V. /P.V. etc., in any way.

• >> Distributor shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company without any authority from the Company.

• >> Distributor or any other person under him is strictly prohibited to use Promotional Material, other than the developed and authorized by the Company.

• >> Distributor shall not use the ORA Essential’s India Pvt. Ltd. trademark, logotype and design anywhere without written permission from the Company. Said permission can be withdrawn at any time by the Company.

• >> All the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Distributor for meetings and seminars conducted by Distributor.

PROHIBITIONS

A. Distributor or his/her relatives (relative means dependent son or daughter, father/mother, spouse) shall not engage in any activities of Multi-Level Marketing of any other Company/person. If it is found then such Distributor shall be terminated.
B. Distributor 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.
C. The 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 Distributor of the Company.

DUTY AND CONFIDENTIALITY

Parties shall keep and maintain secrecy and confidentiality about the information for which they are obliged and expected to keep secret and not disclose anybody other than the persons to whom is reasonably expected to be disclosed.

SPECIAL CONDITIONS

Notwithstanding anything stated or provided herein, the Company shall have all powers and discretion to modify, alter or vary the terms and condition in any manner it deems fit and shall be communicated through official website or other mode as the Company deems fit and proper. If any Distributor does not agree to such amendment, he may terminate his agreement within 45 days of such publication by giving a written notice to the Company. Without any objection to such modifications /alterations, if Distributor continues his activities, it will be deemed that he has accepted all modifications and amendments in the terms & conditions for future.

TERMINATION

Company may terminate this agreement for any reason not limited to;
• Pursuant to the provision to the marketing plan.
• For reason of non-performance.
• Any unethical and pre judicial work to the interest of the Company.
• For the breach of any terms and conditions of this agreement and marketing plan.
• Information given by Distributor found wrong/false.
• In convicted of an offence punishable imprisonment of whatever term.
• Is declared bankrupt.
• Is not mentally sound to handle the business.
• Migrate to other country.

Termination of a Distributor means termination of
• All rights and entitlements as a ORA Essential’s India Pvt. Ltd. Distributor.
• Personal information given on website.
• Identification as a ORA Essential’s India Pvt. Ltd. Distributor.
• Right to go at any ORA Essential’s India Pvt. Ltd. office and attend ORA Essential’s India Pvt. Ltd. meetings/seminars.
• The Distributor may terminate this agreement at any time by giving a written notice to the Company.

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, any type of redirection by Government (Central and / or State), Local Authority etc.

RECOURSE AND LEGAL APPLICABILITY

A. The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Disputes, either civil or criminal in natural, shall be subject to the exclusive jurisdiction of the courts in Chittorgarh, Rajasthan only and nowhere else.
B. If any dispute or difference arises out of or in relation to these presents, the same shall be referred to sole arbitrator appointed by the Company. Distributor shall not raise any objection, in case the Arbitrator so appointed any manner whatsoever. Arbitration shall be conducted as per “Arbitration and conciliation Act, 1996” as amended from time to time. Venue of such Arbitration shall be in Chittorgarh and the language shall be English.
ORA Essential’s India Pvt. Ltd.’s liability, whether in contract, tort or otherwise arising out of or in connection with the agreement and/or relationship arising there from shall not exceed a) actual damages or loss assessed by the arbitrator or any other dispute resolution mechanism adopted by the parties or b) the average commission earned by the Distributor during preceding six months of the date of dispute.

SMS ALERTS

The Distributor agrees to receive the SMS Alerts from the Company on Mobile N0. Mentioned/ quoted above and will not object even if they are received despite of DND activated. Distributor Shall Intmate the Change in mobile no. (If Any)

Solemnly affirm and declare as follows:

1. That I have read and understood the terms and conditions for appointment of Distributor of the Company.
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 Distributor on my own volition.
3. 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.
4. I have clearly understood that eligibility of income exclusively depends on my performance in business volume as from terms & conditions. I further agree that company reserves the right to change the Business Plan at any point of time without prior notice.
5. I undertake not to misguide or induce dishonestly anybody to join the Company.
6. 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 Distributor activities.
7. I hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the Company.
8. I also declare that at present any other Distributor ship Identity [ID] is not activated in my name.

I do hereby declare and confirm that, I have under stood the terms and Conditions and agree to abide by these.