Terms & Conditions

Term And Conditions For Direct Sellers

I have read and agreed to the following term and conditions

This Agreement for government of India Ministry of Consumer Affairs Foods & Public Distribution Department of Consumer Affairs vide F.No. 21/18/2014 (Vol. II) dated 9th Sept. 2016 as per Government Rule.

Applicant want to become Direct Sellers need to read complete contract and term and condition of contract. If they agree with contract and Term & Condition then it is mandatory to give such application form to company having signature of applicant.

  • No registration charges will be charged to become Direct Sellers
  • Applicant will have right to select a group for joining, company will not interface in that.
  • Detail information regarding to products of company is available on website to company.

Definitions:

Kissan Crop & Care Multiservice Pvt. Ltd. Means - KCM

  • Direct Selling Entity means

    an entity which sale of offers to sell goods or services through a Direct Seller. The company Kissan Crop & Care Multiservice Pvt. Ltd. Is the direct selling entity. In case KCM word use in agreement literature and any publication market plan etc. means Kissan Crop & Care Multiservice Pvt. Ltd.

  • “Network of Direct Selling” means

    a network of direct sellers ad different levels of distribution, who may recruit or introduce or sponsor further levels of direct sellers, who they then support: Explanation: “network of direct selling’ shall mean any system of distribution or marketing adopted by a direct selling entity to undertake direct selling business and shall include the multi-level marketing method of distribution.

  • “Direct Seller” means

    a person appointed or authorized, directly or indirectly, by a Direct Selling Entity through a legally enforceable written contract to undertake direct selling business on principal to principal basis.

  • Unique ID means

    Identification number issued by the company to the Direct Seller as sign of acceptance of application for direct selling of the goods fo the company. Without ID and Password No communication. Direct seller shall preserve the Unique ID and password properly as it is ‘must” for loging on to website.

  • “Cooling –off Period” means

    The duration of time counted from the date when the direct seller and the direct selling entity enter into an agreement under clause 4 and ending with date on which the contract is to be performed and within which the direct seller may repudiate the agreement without being subject to penalty for breach of contract.

  • “Website” means

    The official website of the company that is wwwkcmagroindia.com

  • Company means

    Kissan crop care & multi services pvt. Ltd Amravati.

Direct Seller Appointment

The company verification of the application may register the  applicant as Direct seller for selling the goods of the company. The company shall be the at liberty to accept or reject of the application  without any reason. ID & password allotment after registration of direct seller.

A] Direct Seller Appointment

  1. Direct seller need to submit KYC Form to company.
  2.  Company did not charge any joining fees to direct seller.
  3. Direct Seller need to take complete training from company to know detail information about company’s product.
  4. Direct seller need to give all true information regarding to companies product.
  5. Direct seller should not sell products by giving wrong information to customer.
  6. Direct Seller need to sell products which customer want direct seller are not allowed to force customer to buy particular product.
  7. Direct Seller are not allowed to sell product at price more than MRP.
  8. Direct Seller need to tell customer regarding 30 day return policy of company very clearly.
  9. Direct Seller need to take permission of society before entering and need to keep then company ID card while visiting customer.
  10. No incentives/ Remuneration will be given to Direct Seller after registering a new member in company.
  11. Direct Seller will get remuneration only often selling the products.
  12. Remuneration amount remain often deducting taxes and administration charges will be deposited in bank account of Direct seller.
  13. Direct seller will get TDS deduction certificate in month of April every year.
  14. Direct seller can leave company ofter giving prior notice and canceling the Direct seller and company contract.
  15. Direct seller can return extra/ Remaining products to company and company will refund them their amount within 30 days.
  16. Direct seller need to give bill and receipt to customer by simply printing it from company website.
  17. To sell the products and to keep it in any exhibitions direct seller need to take a written permission from company.
  18. Direct seller will not be treated as a company employee. No responsibility of Direct seller will be taken by company.
  19. Direct Seller only need to sell company products. Direct Seller don’t need to show bait to customer or not supposed to collect money from customer in the name of company.
          If such case found, then company will cancel all the contracts with that person. 
  20. Above Agreement As per govt. guideline this contract is mandatory to company.

B] The Direct seller shall enjoy the following privileges.

  1. The Direct seller shall enjoy the following privileges.
  2.  Incentive for effecting sale of good/ product of the company as per marketing plan.
  3. Company Product sale any where in India.
  4. No target for product sale.
  5. SALES INCENTIVE – The company shall pay to the Direct seller sale incentive as per product sale in the marketing plan. Govt. tax paid by Direct seller (TDS, service tax)
  6. The company does not guaranty as particular fix income to the Direct seller.

Other General Term & Conditions

A Direct seller shall not:

  1. Use misleading, deceptive and/ or unfair trade practice
  2.  Use misleading, false, deceptive, and/ or unfair recruiting practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective direct seller, in their interaction with prospective direct sellers;
  3. Make any factual representation to a prospective direct seller that cannot be verified or make any promise that cannot be fulfilled
  4.  Present any advantage of Direct Selling to any prospective direct seller in a false and/ or a deceptive manner
  5.  Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and agreement between the Direct Selling entity and the direct seller, or the goods and / or services being sold by such direct seller which is false and/ or misleading
  6.  Require or encourage direct sellers recruited by the first mentioned direct seller to purchase goods and/ or services in unreasonably large amounts
  7. Provide any literature and/ or training material not restricted to collateral issued by the Direct Selling entity, to a prospective and/ or existing direct sellers both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity

 

Relationship between Direct Selling Entity and Direct Seller

  1. All other rights and obligations shall be determined as per the express terms of written agreement between a Direct Selling entity and Direct Seller
  2. The Direct Selling entity will be liable for grievances arising out of sale of products, services or business opportunity by its Direct Sellers
  3. It will be the responsibility of the Direct Selling entity to monitor and control the practices/ methods adopted by the Direct Sellers

Conduct for the Protection of Customer

  1. Direct Sellers and Direct Selling Entity Shall take appropriate steps to ensure the protection of all private information provided by a consumer
  2. Direct Sellers and Direct Selling Entity shall be guided by the provision of the Consumer Protection Act 1986
  3. All complaints received over phone, email, website, post and walk – in should have a complaint number for tracing and tracking the  complaint and record time taken for redressal
  4. All Customer Complaint Send to company office

  • Jurisdiction Of Court

    The arbitration clause of these term & conditions all disputes, either civil or criminal in nature shall be subject to the exclusive jurisdiction of the court in Amravati District Maharashtra only.

  • Force Majeure

    The company shall not be liable for any failure to perform its obligation where such failure has resulted due to Acts of Nature.

Declaration:

  • I have read & understood the terms & condition for appointment of Direct Sells of the company
  • I have also seen through the KCM official website & convinced about the business and I have applied to appoint me as a Direct Seller on my own volition.
  • I declare that I have not been given any assurance or promise by the KCM Company or its Directors in to any fixed income, incentive, price on account of the products purchase by me.
  • I have declare understood the eligible of income exclusively depend on my performance in business volume as per the business plan. I further agree that KCM reserve the right to change the Business plan at any point of time without any prior notice.
  • I undertake not to misguide or induce dishonestly any body to joint the company.
  • I here by agree to the term & condition as stipulated along with the application form.

Read & Agree.