Bookanto Contract Agreement with Direct sellers/Distributors

M/s Bookanto Solution Pvt. Ltd. having its registered office at #9/3, Gere Halli BSK 3rd Stage, Hosakere Halli, Bangalore – 560085, a company duly incorporated and registered under the Indian companies Act 2013, DIRECT SELLING ENTITY, (hereinafter referred to as the Company) is engaged in the business of providing Technology services by the companies under trademark / logo of the company

WHEREAS theDIRECT SELLER who is already participating or intend to participate in a future in the direct selling network of the company for purchase/recommendation of the Services mentioned thereof or the prospective buyer / direct seller / customer further intends to do to the business activities of promoting the services of the company, hereby agreed to do the same on the following terms and conditions which are to compiled by the existing as well as proposed direct seller.

NOW THIS AGREEMENT WITNESSETH AS UNDER:
  1. The Direct seller and the company shall undertake to comply the guidelines issued vide F. No 21/18/2014-IT (Vol-II) dated 9th September, 2016 by December of consumer affairs (ministry of consumer affairs, food and public distribution, GOI) as DIRECT SELLING GUIDELINES, 2016 and notified as G.S.R. 1013(E) dated 26th October 2016 with its true spirit and object.
  2. The direct seller hereby confirms that he / she has entered into this agreements as an direct seller and nothing in this agreement shall establish an employment relationship, or any other labour relationship or agent etc. between the direct seller and the company and nothing shall establish the direct seller position as procurer, broker, commercial agent or other representative of the company.
  3. The direct seller understand that he/she is working as an direct seller only operating the company business and shall neither convey the impression or refer himself/herself as employee, agent, manager, or representative of company nor use such terminology and shall undertake to indemnify the company in respect of any costs or damages arising as a result of any such misrepresentation of relationship with company.
  4. The company shall not impose a condition on a direct seller that they will receive remuneration or incentives ONLY on recruitment /enrolment of new participants /subscribers and shall not require a participant/ subscriber to purchase good are services for an amount or quantity that exceeds expected sales, consumption, resale of goods or sale of services to the consumers within a stipulated time. And further it does not require a participant/ subscribe to pay any entry/registration fee, cost of demonstration Equipments and materials or other fees relating to participation;
  5. The direct seller shall be entitled for only remuneration which is to paid as per the sale of the goods/services by them and the information about the applicable taxes including VAT or other taxes existing under the law have already been apprised to them and the same have been understood and acknowledged by them.
  6. The direct seller shall not indulge in any misleading, deceptive or unfair trade practice or making false, deceptive or unfair means to recruit prospective direct seller. The company shall be at liberty to terminate the agreement with the direct seller without any notice and the side direct seller shall be personal liable for the consequences thereof in the eyes of law in case of any false representation, omission or any act committed by them, contrary to the guidelines issued by the Govt. of India as mentioned hereinabove or the code of conduct independent adviser agreement, legal agreement affidavit and important notice as depicted in the website of the company BOOKANTO. apart from that the company, further shall be at liberty to terminate the contract in a situation where a direct seller is found to have mode no sales of services for a period of 2 years since the day of inception of contract or since the day of last sale made by him or anything wrongly /falsely made by the direct seller to the prospect / customer to sell the contrary to the norms of the company.
  7. The direct seller undertakes and are becoming the part of the business activities of the company on their own volition without any pressure, duress or undue influence and voluntarily electing to promote and promulgate the sales of the services offered by the company, fully understanding that it is an offered based venture, and only augment of services sells and successful marketing of the services offered by company, would fetch remuneration and there being no automatic remuneration scheme or investment plan and the company does not indulge in any kind of financial investment or float any investment scheme or entrepreneurship or many circulation scheme.
  8. The company shall be responsible for redressal of the grievances of the consumers as may be arising on account of direct selling activities conducted by the direct seller and a grievance redressal committee having three members including chairman with their respective address, phone no. etc. has already been constituted, showing the same on the website of the company and whatever complaint which is received either on our landline phone, mobile, email, website, posts or personally visits by the aggrieved person shall be given a compliant no. for tracking the status of the complaints and also to assess the time taken for redressal of the complaint.
  9. The present agreement is being executed by the direct seller without any compulsion, inducement made by the company and the company has not compelled the direct seller to purchases the goods / services in an amount that exceeds an amount that can be expected to be sold to the consumers within reasonable period of time and further allow the direct seller a reasonable cooling off period of 30 days which entitles such direct seller should not claim any services (Training or Should not register to LMS) on our platform. Besides that, the company shall further allow or provides for a participant a buy-back policy for “currently marketable” good / services sold to the participant at the request of the participant within period of 30 days from the date of distribution of goods /services at reasonable terms;
  10. It makes clear that neither the direct seller nor the company shall take any entry/registration fee cost of sales demonstration equipment and materials or other fees relating to participation from the participation and further shall provide a digital contract describing the “service terms “of participation to the participation;
  11. It is understood and made clear in unequivocal words that the company or the direct seller do not participate in any money circulation scheme or promote / engaged in a pyramid scheme and company /direct seller shall not require from a participant to pay any entry / registration fee, cost of sales, demonstrations equipments and materials or other fees relating to participation.
  12. The direct seller shall not make any incentives / remuneration to the prospective customer for the recruitment /enrolment, except from the sale of good / services and the directs seller shall not be entitled to get any money by way of minimum monthly subscription or renewal charges from the prospective customer etc.
  13. The direct seller shall not sell any services for a price exceeding the MRP and this agreement becomes effectives from the date of acceptance by the company. The identification card issued to the direct seller is and shall remain the property of the company and the direct seller shall return the same to the company without any delay upon terminate or expiration of this agreement.
  14. The company may reject the instant agreement for any reason, at its discretion, including if the direct seller furnish incomplete, inaccurate false or misleading information at the time of entering into this agreement.
  15. The Direct Seller undertakes that they shall not provide any literature or training material not restricted to collateral issues by the direct selling entity to prospective or existing direct seller which has not been approved by direct selling entity or require prospective or existing direct seller to purchases any literature or training material or sales demonstration Equipments.
  16. The Direct seller shall represent company products/services and its sales and marketing plan to all prospective users /customers in a truthful and honest manner, and he/she will make sure to represent only what is approved in official company publications and on its website. Further the Direct seller shall conduct themselves in such a manner as to reflect only the highest standards of honesty, integrity and responsibility because he/she recognizes that his/her conduct as Direct seller has far-reaching effects.
  17. The Direct seller shall not while inviting a prospective customers/users directly or indirectly induce them during their meeting with impression that the invitation extended to them by he/she are for participation in some ‘social event ‘ or to disguise the invitation as market survey or to imply that it is other than a business event and shall not emphasize more on the potential earning through the marketing plan of company than utility of the products/services of the company; or represent that a person can benefit solely by referring to others or by obtaining products/services for personal use at his own costs; or claim that one may achieve success or benefit with little or no investment by way of effort or time.
  18. The Direct seller shall emphasize that income by way of commission/remuneration can be achieved only by way of continuous augment of service sells/activities and effort in that direction to the perspective user and shall not exaggerate or overstate the kind of potential earnings that can be generated by the company business and communicate. Only true and actual earnings shall be projected him/her;
  19. The Direct seller undertakes to observe all laws, policy, rules, and/or regulation, central or locals as may be applicable from time to time and shall keep the company indemnified against all actions, claims, demands, prosecution, penalties including costs thereof and not excluding company legal costs which might be made or bought against the company in respect of any of or arising out of any breach, infringement or infraction of any laws, regulations and code of practice, by me, arising out of the operation of the company Business.
  20. The Direct seller shall not engage in any activities, which may bring disrepute to the company or any services of the company or any competent and undertake to indemnify the company on account of any costs or damages that, may arise due to any activities.
  21. The Direct seller shall comply with all requirements, guidelines, which are issued from time to time by the company or any competent authorities including the Govt. of India or the State Governments and any in disciplinary action performed by me, may result in termination.
  22. The Direct Seller with his/her own volition, without any duress, coercion, or undue influence agreed to opt for the marketing plan/work of the company and fully understand that it is an effort based plan where you, the direct seller achieve remuneration /commission only by way of continuous augment of products/services offered by the company, (there being no automatic rewards scheme or investment plan).
  23. The Direct seller understands that if he/she ceases to be Direct seller for any reason, they will automatically lose all/any rights under this agreement. And understood and are not under any illusion/wrong impression as to the kind of potential earnings that can be generated by the company business
  24. The direct seller shall be responsible for complying with all laws, policies, rules or regulations taxes, levies, central or local as may be applicable from time to time and obtaining all licenses and /or registration as may be required from time to time
  25. it is specification pleased to be noted that in case the direct seller 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 remuneration/commission, in that situation you will not be able to enter into this agreement.
  26. The direct seller accepts that it is the prerogative of the management of the company to alter amend or reduce the amount of commission/remuneration to the independent advisor without prior notice.
  27. Any sale done against the Terms & Conditions of the company by way of misrepresentation or otherwise solely for the purpose of earning commissions is not allowed and any Legal problem or losses arises due to this will completely be the responsibility of the direct seller.
  28. While working with the company or even after termination of agreement/contract as a direct seller, you still need to follow all the applicable conditions and you should not divulge he important and secret information pertaining to our business to anybody either inside the company or any outsider.In case the management found misconduct of divulging any information , technical knowhow nd secrets of our business., you will be subject to evere legal course of action.
  29. Any Direct Seller is not permitted to discuss any other matter which is not related to services, while communicating (Via any mode) with staff members/employees and is not allowed to take the personal phone numbers/email id/ address etc. of staff members/employees for any purposes and not allowed to meet privately with any staff members/employees, violation of this would amount to immediate termination from the programme of the company.
  30. Selling Direct Sellers are strictly warned not to accept/collect any cash payment from any other person on behalf of the company. If any Direct Seller found indulged into this, then he/she would be terminated from his/her position and/or his/her other closely related family position or any entity controlled by himself/herself immediately and all the pendings, forthcoming as well as ongoing incentives with respect to these positions will be stopped without any notice.
  31. We may add/delete any existing services at any time and may amend existing Terms & Conditions/Agreement at any time due to any reasons which are in the interest of Company’s Business/and the decision of the company in this regards would be final. During this subsistence of the agreement or thereafter, if any amendment/amendments are made then the effect of such amendments will be retrospective.
  32. Direct Seller shall be solely responsible for payment of his/her taxes and other levies (center or state) in general course of his self employment as independent Direct Seller or company web based program as per the law and rules governing his/her Province/State/Country.
  33. Direct Seller agree that in india the revenue earned during the fiscal year will be liable to tax deduction at source at such rates as applicable in accordance with Income Tax Act 1961 or rues, amended from time to time.
  34. The Company is not responsible for illegal submissions/representations made by any Direct Seller. Direct Seller shall be responsible to keep him/her aware of change(s) modification(s) in existing Agreement/Contract or change in the compensation plan, rates, prices and charges.
  35. Direct Sellers agrees that the Company may from time to time modify the existing Agreement or change in the compensation plan, marketing plan, rates, prices and charges in order to make it applicable to all Direct Sellers. Changes/modifications shall be deemed to have been enforced by the Company once such changes are posted on the company website. It is Direct Sellers responsibility to keep visiting Company’s website (at least once a week) for all recent developments. These changes/updates and new developments will be applicable to all Direct Sellers.
  36. Direct Sellers residing outside India are not allowed to earn any commission within India. This enrolments are open only for Indian citizens currently residing in India.
  37. That the direct seller also understood and read the contents of documents under the heading of LEGAL DOCUMENT as available and displayed on the website of the company i.e. www.bookanto.com and undertakes to abide all the stipulations as envisaged in the said legal document.
Learning Platform Terms & Conditions
These terms of use, are entered into by and between you and Bookanto PVT Ltd., / Krios IT Solutions . For purposes of these Terms of Use, “you” includes, individually and collectively, you (the user or Customer) and any individual, affiliate, or Business User that is visiting, viewing, using, or accessing the Site as per the plan that you have purchased. By using any of the company services, you agree to accept the terms and conditions of this agreement. If you do not accept these terms, you must not use all or any portion of the company services.
As a user of the website, you must agree to have read the terms of using the website.
  1. Our products enable the users to learn via live and recorded instruction, tutoring, and learning services through our platform. The services include, without limitation, facilitating and hosting courses, and taking feedback from users.
  2. The company holds the right to modify or upgrade its products at any time.
  3. The company reserves the absolute right to revise these terms in its sole discretion at any time and without prior notice to you other than by posting the revised terms on the site. Any revisions to the terms are effective upon posting. The terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these terms. Your continued use of the company products after any revision to these terms constitutes your binding acceptance of the revised terms. Notwithstanding the preceding sentences of this section, no revisions to these terms will apply to any dispute between you and the company that arose prior to the date of such revision.
  4. There is no refund, Once the user accesses the LMS / registers for an Online course.
  5. You must notify us immediately of any unauthorized use of your account and any other breach of security. We cannot be held responsible for any loss or damage arising out of your failure or negligence to comply with the requirements stated in this agreement, either with or without your knowledge, prior to your notifying us of unauthorized access to your account.
  6. You may not use anyone else's account at any time or transfer your account to someone else.
  7. We are not liable to any user for:
    • Any loss or damages of any kind, as a result of using our products and services or other information provided on the website.
    • Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever in any way due, as a result of using or inability for using the website or its contents.
    • Any third-party websites or contents therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions.
    • The unavailability of our website continuously or for any period of time
  8. The access will be given for 1 year from the day of subscription for both Online Trainings and access to LMS platform.
  9. Bookanto / Krios may revoke your access if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
    • Derivative Works: Copy or reproduce translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Bookanto / Krios.
    • Any attempt by you in copying or video recording or undermine the legitimate operation of any training resources may be violation of criminal and civil laws.
    • Only you are allowed to access an account assigned to you. An account is assigned to one, named user, for the entire account, subscription period and cannot be shared.
  10. We use various third-party logos or trademarks in our products. These logos and trademarks have been taken from various technology inventors like GNU, Cisco, Microsoft, RedHat, Google etc. We strongly state that such logos and trademarks have no relation with BookAnto/Krios and they are property of their respective owners and they hold their copyrights.
  11. You understand that while using the resources of this website or participating in a course, you may be exposed to content from a variety of sources, and that we are not to be held responsible for the accuracy, quality, legality, or usefulness of such content.
  12. We strive continuously to provide as precisely and as timely contents as possible, however, we do not guarantee the accuracy, completeness, correctness, timeliness, validity, non-obsolescence, non-infringement, non-omission, merchantability or fitness of the contents of this website for any particular purpose.
  13. We may modify the features and other aspects of our products and services at our discretion and these terms will continue to apply for the modified products and services. You further understand that we reserve the right to modify the existing services (training) with or without notice.
  14. We may at our discretion terminate your use of our products and services immediately without notice for any breach of these terms or any of our applicable policies, as posted on the site from time to time. We may discontinue offering a product or service at any time which will terminate your right to access our resources.
The laws of the Republic of India shall govern any dispute arising from the use of this website, its products, and services; and the courts in Bangalore, India, alone shall have exclusive jurisdiction to deal with such matters.