"The package" is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of "the Package" constitutes your agreement to all such terms, conditions, and notices. You agree to familiarize yourself with the terms of use and other terms and guidelines as available on the company website and agree to abide by them.
1. Personal and Non-Commercial use Limitation.
"The Package" is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from "The Package". This provision also applies to "the Package" documentation, including without limitation all information! illustration software content contained in it.
2. Links to Third Party.
"The Package" may contain links to web sites or publications, operated by parties other than "the company". The company does not control such web sites, publications and is not responsible for their contents. Inclusion of links to such web sites and publications does not imply any endorsement of the material on such web sites/publishing houses or any association with their operators/ promoters.
3. No Unlawful or Prohibited use:
As a condition of your use of "the Package", you warrant to "the- company" that you will not use "the Package" for any purpose that is unlawful or prohibited by the user agreement or these terms and conditions, and issued notices.
4. Limitation of Support
That the customer understands and acknowledges that he is buying a self use package without any monitoring or technical support. That the customer is qualified and able to use the same and gain from it independently, without any further support from "the company" and "the partners". The company's liability is limited to replacement of any defective product, if brought to the notice of the company within 72 hours of receiving such a product.
5. Recognition of Packages.
(a) The company is a private organization which has a licence to setup and conduct business anywhere in INDIA, unless a special permission is required from the state to do so. It caters to customers around the world, without any further permission.
(b) The packages offered by the company are designed and developed by the company, its affiliates and may use readymade content from 3rd Parties. Some subjects within these packages may come with option to test your knowledge by taking objective type tests online, on the computer, or within the subject book. The assessment thus shown is a mere reflection of your score on that test and does not have recognition by anybody.
(c) The role of the company is limited to creating different generic packages as deemed fit and selling them directly and through its Channel Partners. No further technical support/coaching/guidance is offered by the company. However the customer should visit the FAQs section on the website to find more useful information.
(d) The customer may require additional coaching, monitoring, personal guidance, on the subject to acquire or gain understanding of the subject by an expert. Packages and it's fee would be separate and in addition to this. The company currently does not support these packages by offering such additional packages.
(e) Software (if any) that is made available by "the Package" ("software") is the copyrighted work of the company and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("license agreement").
(aa) You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms. For any software not accompanied by a license agreement, the company hereby grants to you, the user, a personal, non-transferable license to use the software for viewing and otherwise using "the Package" in accordance with these terms and conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices.
(ab) Please note that all software, including without limitation all informational illustration/software/content contained in "the Package", is owned by the company and/or its suppliers and is protected by copyright laws and international treaty provisions.
(ac) Any reproduction or redistribution of the content/software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
(ad) The software is warranted, if at all, only according to the terms of the license agreement. You acknowledge that the software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of India or the country that you are a resident of. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to India export restrictions.
6. Liability Disclaimer:
(a) The Information, software, products, and services included on "the Package" may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its respective suppliers may make improvements and/or changes to "the Package" at any time. Advice received via "the Package" or in any manner from "the company", or its advisers, should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
(b) In no event shall "the company" and/or its- suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of "the Package", with the delay or inability to use "the Package", the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through "the Package", or otherwise arising out of the use of "the Package", whether based on contract, tort, strict liability or otherwise, even if "the company" or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of "the Package", or with any of these terms of use, your sole and exclusive remedy is to discontinue using "the Package".
7. Warranties and Limited Liability: It is advised not to accept any opened, unsealed physical package. The company sends all packages individually sealed, with the content clearly marked in the outside packet. Upon receiving the package, please open the same and match the enclosed contents, with the enclosed content description paper. In case of any discrepancy, please do not accept the package or bring it to the notice of the Channel Partner writing on the delivery challan, and write an email immediately to the company within 72 hours. Acceptance of package, means you are satisfied with its quality and workmanship. However in case of any faulty product not working you are advised to Contact c.care@classiqui.com giving details of the problems faced. The company will happily replace/reissue the same.
8. Access- Restriction: "The company" reserves the right to deny in its sole discretion any user access to company website or "Assessment Product sold through Digital Platform" or any portion thereof without notice.
9. Modification of Terms and Conditions: "The company" reserves the right to change the terms, conditions, and notices under which "the Package" is offered.
10. Copyright and Trademark Notices: All contents of "The Package" are copyright of "the company", its suppliers, or 3rd Party Respective Owners, mentioned on the Individual product. Notice if any regards to clarification or violation for rights owned by the company may be sent to Rajesh Chambers, Brunton Road, MG Road, Craig Park Layout, Bengaluru Karnataka, India-560025.
11. Jurisdiction and Courts : You hereby consent to the exclusive jurisdiction and venue of courts in Bangalore, India in all disputes arising out of or relating to the acquisition or use of "the Package". You agree that no joint venture, partnership, employment, or agency relationship exists between you and "the company" as a result of this agreement or use of "the Package". "the company" performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of "the company" right to comply with governmental, court and law enforcement requests or requirements relating to your acquisition or use of "the Package" or information provided to or gathered by "the company" with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement and other related agreements under the "agreements" link on the website, constitutes the entire agreement between the user and "the company" with respect to the use of "the Package" and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and "the company" with respect to "the Package". Any rights not expressly granted herein are reserved.
The Terms and Conditions
1. That the customer understands and acknowledges that he is voluntarily buying a self use package, which comprises of self read and self assessment under digital platform without any monitoring or technical support, after satisfying himself thoroughly with the contents and claims thereof. That the customer or is his family member is qualified and able to use the same and gain from it, independently without any further support from "the company" and "the partners".
2. That the customer may find in addition to the package contents, promotional material of the company, brochures, catalogues, etc, these are provided for enhancing knowledge of the customer about the company and its other packages only.
3. That the customer undertakes to respect and agree to the copyright statement printed, published or appearing on screen, and shall not make copy, photocopy, for the purpose of backup or distribution without prior written permission of the copyright holder, failing which the matter shall be dealt with the relevant provision of law.
4. That package cost or any part of it is NON REFUNDABLE after lapse of 15 days from date of Registration. The company shall at its own cost replace any defective material, if found and reported within 72 hours of delivery, via email to c.care@classiqui.com or returned to the channel partner or distribution centre.
5. That the customer has read and understood the "All Agreements" as available on the company website and agrees to abide by them.
6. The customer understands that "the partner" is not an agent, employee or authorized representative, he is merely an Independent contractor, bound by "All Agreements", to promote and sell the products, of the company as available on the company website https://packages.classiqui.com
7. The Company makes the promises contained in "All Agreements" and through its website, and in other official material. No Associate is authorized to make any other promises to a Prospect/Customer.
8. If any Customer relies on any promises made by an Associate that are not in "All Agreements" and/or official Company material, and that Associate fails to keep any such promise, the Customer is encouraged to file a complaint with the Grievance Cell of the company, under the contact us section. Upon receipt of such a complaint, the Company will conduct such investigation as it deems necessary and, upon validation of such a complaint, impose appropriate penalties on the offending Associate as per the provisions of the "All Agreements". Such action however will not result in any recovery of damages by the customer, which the customer is free to seek against the offending Associate not the Company.
9. That the customer has verified all claims and representations made to him by "the associates", from the company website and hereby indemnifies "the company" and it's partners harmless of any claims whatsoever arising of its content, use and non use of the same. In case of any discrepancy in representation, the customer shall always communicate with "the company" via email to c.care@classiqui.com or to the grievance cell to resolve any matter, before filing complaint with any other authority.
10. That the customer understands that the contents of "the package" may be changed/updated, or be withdrawn, temporarily or permanently, without any obligation on part of the company after giving an online notice of 04 weeks.
11. That the customer may require additional coaching/monitoring/personal guidance on the subject to acquire or gain understanding as required by the Industry levels, by an expert or a mentor, or a teacher, it's fee would be separate, and in addition to this. The company under its Self Use packages such as these does not offer this support.
12. That in order to use "the package", or any of its part, the customer may be required to have a windows pc with internet connection facilities, an internet connection, and access to internet by a browser, and knowledge/skill on how to use the same. That the customer agrees to bear all the related costs in perusing "the package", including the cost of training himself, if necessary for using "the package".
13. That the offers promoted on the website time to time are promotional offers/benefits made available to the customers or "the associates" as part of the business promotion activity from "the company" and are often offered along in conjunction/alliance with third party. That these promotional offers come with some qualification criteria as mentioned on offer page on the website, which must be met, to be eligible for the offer. That these timely promotions can be withdrawn by "the company" or the third party at any given time, without giving any due notice or reason whatsoever.
14. That "the company" deploys consistent and conscious effort, skill, technology to make the self assessment package/ user/associate data available to all 365 days a year. But due to technical reason, of virus attack, data centre problems, hardware or software crash, bandwidth problems of the ISP, or routine maintenance/updating work, the website, "the package" or any part of it may be temporarily unavailable, "the partners" indemnify "the company" harmless of any claims, damages whatsoever arising out of such a mishap.
15. That the customer shall not put, or promote false, or defamatory, or derogatory comments/remarks against the company on any media, social media, forums, or publicly accessible areas, physical or virtual. The company is liable to seek financial and punitive damages, or file for defamation case against such Customer.
16. That participation in the home based business opportunity based on the "Direct Selling" model is free and purely optional and by participating in the same the customer shall become an associate(s)/independent channel partner(s) of "the company" promoting the packages in his personal, social and professional network. Terms and conditions for which shall be governed and followed as mentioned in the "associate agreement".
17. Customer acknowledges that customer has read, understands and agrees unconditionally to the terms set forth in All Agreements. These agreements constitutes the entire agreement between the, customers, partners, and the company, on the subject matter hereof, and no other additional promises, representations, guarantees or agreements of any kind shall be valid concerning such subject matter unless in writing and signed by an authorized officer of the company.
18. Not adhering to any terms of "all agreements" by the customer will be treated as event of default. In such an event, all services/benefits/supports (as applicable) linked with the customer's package, shall be suspended/terminated and appropriate punitive action shall be taken against the customer, as deemed fit by the company within the legal framework of applicable laws. The company is liable to seek financial and punitive damages, file for defamation case, or take any other judicial recourse against such an offending customer. All expenses borne by the company to pursue such action shall be recoverable from the customer, including all attorney fees, expenses, levies, fines and penalties.
19. All disputes shall be heard exclusively in a competent Court in Jurisdiction of Bangalore, India. The customer hereby submits and expressly waives the right to bring/file suit or complaint in any other Jurisdiction. In any cause of action the winner shall be entitled to recovery of all court approved attorney fees, court costs and other costs of the action.
ENFORCEABILITY
1. This agreement is automatically enforced, upon intent to use the optional business opportunity by any existing customer, or any Existing or Retired Associate, by clicking "Activate Optional Business Opportunity" in the dashboard after logging into the company website, or sending a request to the official email of the company, or by SMS to 8500595555.
(a) The Agreement shall be read in a manner consistent with Section 10 of the Indian Contract . Act, 1872;
(b) In addition to the rights and obligations of parties to this agreement or under Model Framework for Guidelines on Direct Selling, or any other law in force, parties shall have rights and obligations that are coextensive with rights and obligations of parties under the Indian Contract Act, 1872.
2. The process of selling company goods and services through the hands of independent channel partners/Associates is called Direct Selling. The Company and the Associate shall be responsible for compliance of this Agreement by any member of its network of Direct Selling, whether such member is appointed directly or indirectly by the company, or any of its Associates. For clarity, member of Direct Selling only include person who have opted for the optional business opportunity.
Voluntary Participation.
3. Participation in the Company's home based business is totally optional and Voluntary. Upon being convinced of the quality of the packages offered by the company, self belief and ability to promote the packages in their network of friends, family and acquaintances, one may opt for this business and earn incentives and commissions based on achieving predetermined set sales target.
4. Before beginning to work as an Associate, the Associate undertakes to take "Free of Cost" mandatory orientation course on "Direct selling" and optional course of "Setting up your own Business as a Direct Seller", as available online at the company website www.classiqui.com using his registration details to gather and understand fair and accurate information, and prepare oneself before one can approach prospects, customers or other Associates. The content required to be covered are:
(a) The Direct Selling Industry, and the Environment.
(b) The company products, Its marketing plan, compensation, reimbursement and incentive plans, promotional offers etc.
(c) Using the company website, access all sections, file requests, grievance, and communicate with the company.
(d) To prepare oneself to be able to provide complete and accurate information to prospective clients and existing direct sellers as required by the company.
(e) To understand, his rights and obligations as a Direct seller towards "All parties"
5. An Associate undertakes to update and complete his KYC norms with the company, either by uploading a true copy online, or by sending attested copies to corporate office the list of following documents.
(a) Complete Registration form signed on applicable places.
(b) Passport Size Photograph for issuance of ID card.
(c) Government Issued ID to Aadhaar or Voter Id, to verify Name and address.
(d) Copy of the PAN Card, if available.
(e) Bank Account Number, Bank Name, and IFSC Code.
(f) Others, Bank Passbook, Voter ID, Copy of the Check Additionally the associate must update online his own and unique.
(g) Mobile Number.
(h) Email Address For ease of access, and streamline communication. Till the Know Your Customer documentation (KYC) is complete, the company reserves the right to hold all commission/incentives earned by the Associate, until the beneficiary details are established and verified.
6. The Company and the Associate solemnly undertake NOT TO:
(a) Use misleading, deceptive or unfair recruiting practices, including misrepresentation of actual or potential sales or earnings, in their interaction with prospect, or existing direct sellers;
(b) Make any factual representation to a prospect or direct seller that cannot be verified or make any promise that cannot be fulfilled;
(c) Present any advantages of direct selling to any prospect, direct seller in a false or deceptive manner;
(d) Make or cause, or permit to be made, any representation, conduct, relating to the direct selling business, including remuneration system and all agreements between "All parties" or to the goods or services being sold, which is false or misleading;
(e) Use, or cause or permit to be used, fraud, coercion, harassment, or unconscionable or unlawful means in promoting the direct selling practice, including remuneration system and agreement between "All parties", or for the goods or services being sold through this agreement;
(f) Require its Prospects, Customers and Direct Sellers to provide any benefit, including entry fees and renewal fees or to purchase any sales demonstration equipment or material in order to participate in its direct selling operations;
(g) Provide any benefit to any person for the introduction or recruitment of one or more persons as direct sellers;
(h) Require the Customers and Direct sellers to pay any money by way of minimum Monthly Subscription or Renewal charges;
7. Obligation of the The company :
The Company agrees to:
(a) Not compel or induce the direct seller to purchase goods or services in an amount that exceeds an amount that can be expected to be sold to consumers within a reasonable period of time.
(b) Allow or provide the direct seller a 15 days period in which to cancel participation and receive a reasonable refund for inventory of goods or services purchased to be resold further.
(c) Allow for the termination of contract, with reasonable notice, in such instances and on such terms where a direct seller is found to have made no sales of goods or services for a period of up to two years since the contract was entered into, or since the date of the last sale made by the direct seller.
(d) Allow or provide for a buy-back or repurchase policy for currently marketable goods or services sold to the direct seller at the said direct seller's request at reasonable terms.
6. Obligations of Direct Sellers
(a) Direct Seiler engaged in direct selling should carry their identity card and not visit the prospect customer's premises without prior appointment/approval.
(b) At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the direct selling entity, the nature of the goods or services sold and the purpose of the solicitation to the prospective customer.
(c) Offer a prospective consumer accurate and complete explanations and demonstrations of goods and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after sales service.
(d) Provide the following information to the prospect / consumers at the time of sale, namely:
(i). Name, address, registration number or enrolment number, identity proof and telephone number of the direct seller and details of direct selling entity.
(ii). A description of the goods or services to be supplied.
(iii). Record the time and place for inspection of the samples and delivery of goods.
(iv). Explain to the consumer, tentative time of delivery of the goods and the return policy of the company in the details, before the transaction;
(v). Register all Orders online at the company website, and give the customer the Performa invoice, or Invoice, and Payment Receipt as may be applicable.
(vi). Assist the customer to pay for the chosen product, by using one of the methods accepted by the company. The current list of mode of payments is available on the website.
(vii). Inform the customer of his/her rights to cancel the order and / or to return the product in saleable Condition and avail full refund on sums paid within a period of 72 hours.
(viii). Ensure that the customer gets his product within the stipulated time frame and verified that material so delivered are free from any manufacturing defect, and resolve issues if any.
(ix). Guide and assist the Customer on how to use the Product, and assist the customer, to work as an associate, in case he chooses to avail the optional business opportunity.
(e) All sales are to be registered online at the company website and maintained by the company. Sales pertaining to last 5 financial years are kept by the company in computer data. However it is recommended that the Associate keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods sold by him/her, in such form as per applicable law.