INDEPENDENT BUSINESS ASSOCIATE (IBA) AGREEMENT
SMART VALUE PRODUCTS AND SERVICES LIMITED (SVPSL) is one of the Indian leading direct selling Company with a mission to create literacy in the society and providing value for money products for better living.
Independent Business associate (IBA) Agreement with SVPSL
This Agreement of Independent Business associate (IBA) is executed by and between the prospective buyer of the The applicant who wish to become an IBA of SVPSL (Smart Value Products And Services Ltd.).
Terms used in the agreement shall have the same meaning as under the relevant Indian laws.
The contents of the agreement shall not be repugnant to the Information and Technology Act, 2000 and the relevant cyber laws.
All disputes arising out of this agreement shall be subject to jurisdiction of competent courts in New Delhi irrespective of whether courts in other areas have concurrent or similar jurisdiction.
Only controversy or claim arising out of or relating to the agreement, shall be settled and adjudicated by arbitration on an individual basis and shall not be consolidated with any Arbitration or any claim or controversy of any other consumer or Preferred customer or Independent Business Associate. The decision of the arbitrator shall be final and subject to the jurisdiction of the competent court at New Delhi and shall be applicable.
PC & IBA MEAN
SVPSL is a Company incorporated under the Companies Act 1956 and having its registered office at M-17, Second Floor, Lajpat Nagar - II, New Delhi - 110024. It also represents the whole of the activity contained in this Agreement.
Preferred Customer (PC) is a person either an individual or an organization who is interested to purchase the SmartValue Products exclusively for their own use purpose.
Independent Business associate (IBA) means a person who is eligible to be a part of the business promotional policy of SmartValue Products adopted by SVPSL. Preferred Customer are not Independent Business Associates (IBA).
OPTIONAL NOT MANDATORY
The method of marketing under this policy is purely optional and there is no compulsion on any Preferred Customer or IBA to be a part of Business Promotional Policy
IBA will earn commission as per the business plan only. When IBA sell products worth 200 miles (100 miles on left side and 100 miles on right side) then he will be eligible for commission as per the business plan of SVPSL. ( to be modified).
Group Accidental Death Insurance Policy
Group Accidental Death Insurance policy worth Rs.1, 00,000/- (One Lakh) is a benefit given free of cost to our Active* Independent Business Associates
This Policy will come into force only with effect from the date of displaying policy particulars in the Smart Office and not from the date of purchasing products. Normally policy particulars will be displayed in smart office within 4 to 8 weeks from the date of purchasing of products, after processing the same with the concern insurance company.
In case of unforeseen incident, intimation of the same shall reach the insurance company within 24 hours from the time of unforeseen incident and shall submit relevant and required documents within two weeks from the date of unforeseen incident.
Claims shall be pursued by the nominee directly with the concern insurance company. SmartValue will assist in case of necessary. SVPSL shall not be responsible for any nature of claim in the regard of the same is provided on free of cost by SVPSL.
Specific Terms to the IBA
1. The PC or IBA cannot misuse the utilities provided with the Smart Value Products.
2. The PC or IBA shall not use the website given by the company contrary to or in violation of Information Technology act 2000 (Act 21 of 2000) or any other applicable law time being in force. The PC or IBA or any other our website visitor who is guilty of any violation under the cyber laws or any other applicable law of the land time being in force shall alone be responsible for the same.
3. The PC or IBA shall not misuse or miss communicate anything or information against the public interest and also against the law time being in force.
4. The PC who becomes an associate cannot sell the product with commitments or promises or in violation of Prize Chits and Money Circulation (Banning) Act 1978 provisions or any other provisions of Indian Penal Code or any other applicable law of the land time being force, IBA shall abide by the guidelines issued by the government for direct marketing/MLM. In case if any associate found guilty in terms of the any act the company has liberty to terminate the agreement and to prosecute and set damages or any other claim in accordance with the Law.
5. The IBA shall not sell the Smart Value Products to minors, it the same are meant for only.
6. All goods will be delivered by the company only from its authorized business center.
WRONG PROMISES AND COMMITMENTS BY IBA WITH PROSPECTS IBA
No IBA is authorized to make any wrong promises or commitments to a prospective IBA. SVPSL shall not be liable for any wrong Act, wrong deed, Misrepresentation, False-Commitment if any made by any IBA and IBA shall not interpret words in any other manner other than the meaning attributed in this agreement. In case of failure to comply the same the IBA only shall be responsible for consequences.
ENQUIRY AND PUNITIVE ACTION
SVPSL upon receipt of complaint from aggrieved Applicant will conduct such necessary investigations and enquires, as it deems fit and, upon enquiry of such complaint, the Company is at liberty to take appropriate punitive action either by issuing show cause notice/ suspension/ terminating the associate ship or / and by referring or by lodging the complaint to concern area competent authority to take appropriate punitive action. Such action purely discretion of the company.
IBA will be entitled to participate in the business activities upon acceptance of his/her valid application by SVPSL.
IBA shall understand that, to earn Commissions in the business plan, IBA is responsible for generating business for his/her self and SVPSL is not responsible about the development of their personal business.
IBA RIGHTS AND RESPONSIBILTIES
Application once accepted will make an IBA entitled for the following Rights and Responsibilities under this business plan.
Rights
IBA will be eligible to collect Commissions on all levels of the Business Center.
IBA will be entitled to get a SVPSL web access for on-line Application processing.
Responsibilities and Restriction
Under this agreement each and every IBA shall be responsible for generating their own business by selling SVPSL products and shall not depend on any other IBA or company business development activities.
IBA is responsible to give proper training to those who are interested by getting their participation in the business.
IBA should not get him/herself involved either directly or indirectly in any such activity which will affect SVPSL business or reputation or its Products price or in any other manner to its products or services.
IBA is solely responsible for payment of his/her taxes and other levies (Central or State) in general course of his own business as an IBA of SVPSL. The amounts earned in SmartValue business plan shall be subject to deduction of tax at source at such rates as applicable in accordance with the Indian Income Tax Act, 1961 and Rules there under as amended from time to time.
IBA shall be solely Responsible for any kind of misuse by him/her, of the credit card, which actually belongs to any other Applicant/IBA or any other third person. Such Applicant(s)/IBA(s) who are found guilty for misuse of credit card shall be liable to Indemnify SVPSL and such other person who suffered the loss because of such misuse. IBA shall be bound to abide by Laws, Rules and Regulations of the State/Country and terms of this Agreement.
At IBA' s own expense, IBA will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement business activity.
SVPSL is not by any reason responsible for those legitimate compliances and submissions by an IBA.
IBA shall be responsible to keep him/herself aware about any change(s)/modification(s) in the existing agreement or change in the compensation plan, rates, prices and charges and also about the law of the land.
IBA shall not do the same nature of business as of the SVPSL company during his/her associate ship with the SVPSL, and shall not entice away or instigate or lure any another IBA of SVPSL into any other company or entity which is into of same nature of business as of the SVPSL. In case if any IBA acts contra to the same the company is at liberty to suspend / terminate his / her IBA ship.
Product Exchange and Refund Policy
I am fully aware of the company's Product Exchange and Refund Policy. In case I (Or my customer) find the purchased products defective or not entirely to my/ customer satisfaction, I/ customer can exchange the products within 180 days from the date of purchase of the products or I/ customer can claim refund of the product cost within 45 days from the date of purchase by returning the products purchased in saleable condition.
I also undertake to provide the same information/ option of Product Exchange and Refund Policy to my customers / team of IBAs.
MODIFICATION/CHANGES AGREEMENT TERMS AND POLICY OR RATES ETC.
SVPSL may from time to time modify or change the existing agreement or change the compensation plan, marketing plan, rates, prices and charges in order to make it applicable to all Independent Business Associate. If IBA continues to remain in the business after the changes made, it will be deemed and implied that he/she has aware of the changes or modifications and consented for same and also accepted them.
NOTICE FOR CHANGE/MODIFICATIION
Any notice for change / modification shall be deemed to have been given or received by the IBA as of the day after such notice is posted on SVPSL web site. It is IBA responsibility to aware the latest and up to date changes or modifications from time to time without delay and stay abreast of developments communicated in the said fashion.
TERM
The term of this Agreement is initially for a period of one (1) year from the date of registration approval of application filed by the prospective IBA by the SVPSL if the IBA continued his business by submitting IBA renewal application form he/she/if shall abide by this agreement terms & Conditions till she/he/if continued of IBA of the company.
RENEWAL OF TERM
Renewal of associate ship is sole discretion of SVPSL company. The same can be rejected by the SVPSL without assigning any reason.
This Agreement will be renewed only if the IBA submits renewal application form within due date and subject to acceptance of the same by the SVPSL.
ETHICAL TEAM BUISNESS
IBAs shall do ethical business with his/her/their team by supporting and getting support. IBA shall not entice other IBA than his/her/their team IBA to do business with his/her/their team in case if found doing so, appropriate action will be taken on concern IBA by company by suspension/ termination/ complaint to competent authority.
CONFIDENTIAN AGREEMENT
IBA understands that the SVPSL marketing plan, all kinds of reports, IBA’s list or related date and official literature are Proprietary and Confidential information of SVPSL and are considered trade secrets of SVPSL. IBA shall not disclose either directly or indirectly or use any of the said confidential or proprietary information except to specifically promote IBA's independent SVPSL business in accordance with the provisions of this Agreement and code of conduct of the company.
INCOME REPRESENTATION
IBA/ understands that although IBA may introduce other Independent Business Associate into the SVPSL business plan but this business plan does not allow IBA/ to profit solely from the activity of introducing other Independent Business Associate. Commission will be paid only on actual company Products and other product sales that are made which were caused by IBA or by other Independent Business Associate that fall into IBA's team. There is no guarantee under this plan that IBA will derive any specific income or profit. Any income that IBA earns under this plan is determined by IBA's personal efforts as an, IBA. The Smart Value Products and other product sales revenue shall be paid only to the eligible "selling" IBA and to his or her concern team associate. IBA shall not make any income representations except those set forth herein or otherwise specifically set forth in official SVPSL approved business material. IBA understands that the revenue earned through SVPSL is not the only source of his/her income and any other income derived will be disclosed to the authority on his/her/their own account. SVPSL shall not be responsible for revenue earned by the IBA/ other than what is earned from SVPSL.
TRADEMARKS AND MARKETING MATERIALS
IBA will not use the SVPSL trade names and/or trademarks except to promote the SVPSL business. In all such authorized use, IBA will make clear that sale of marketing materials of SVPSL is not commissionable. SVPSL makes no warranty, express or implied with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof.
IBA further understands that any material information on the web site of SVPSL is the property of SVPSL. Any or all such captions, trademarks, literature, copy right, phrase or word(s) or artistic work on the web site are owned and possessed by SVPSL. In the event it is found that any IBA/ or prospective IBA is owning or holding any domain name through SVPSL it will be the property of SVPSL and he/she/they shall surrender such material, domain name or literature or artistic work to SVPSL. Expenses evidenced or proved will alone qualify for reimbursement subject to proof and relevancy.
LINKS TO THIRD PARTY SITES
The Smart Value Products and SVPSL Web Site may contain links to Web sites operated by parties other than SVPSL. Such links are provided for convenience of the IBAs SVPSL shall not be responsible for their contents. SVPSL's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition to use company Products IBA warrants by SVPSL that he/she will not use the company Products for any purposes that is unlawful or prohibited by this Agreement or its terms, conditions and notices or law time being in force.
SOFTWARE AVAILABLE ON THE SMARTVALUE PRODUCTS
Software (if any) that is made available by the SmartValue Products ("Software") is the copyrighted work of SVPSL and / or its suppliers. IBA's use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with the Software ("License Agreement"). IBA may not install or use any Software that is accompanied by or includes a License Agreement unless he/she first agrees to the terms of License Agreement. For any software not accompanied by a license agreement, SVPSL hereby grants to IBA, a personal, non-transferable license to use the Software for viewing and otherwise using the Smart Value Products in accordance with these terms and conditions, and for no other purpose provided that IBA keep intact all copyright and other proprietary notices. IBA should clearly note that all Software, including without limitation all HTML code and programming code of any other software contained in the company Products, is owned by SVPSL and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is explicitly prohibited by law and may result in punitive action. . 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 EXPLICITLY PROHIBITED. THE SOFTWARE IS WARRANTED,IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. IBA acknowledges that the Software and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of INDIA. IBA agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to INDIA export restrictions.
LIABILITY DISCLAIMER
The information, software, products and services on the company Products may include inaccuracies or typographical errors. Changes will be periodically made/added to the information therein. SVPSL and/or its respective suppliers may make improvements and/or changes to the Smart Value Products at any time. Advice received via SmartValue Products or in any manner from SVPSL, or its advisers, should not be relied upon for personal, medical, legal or financial decisions and IBA is free to consult an appropriate professional for specific advice tailored to his/her situation.
SVPSL and/or its respective suppliers make no representations about the suitability, reliability, timeliness and accuracy of the information, software, products, services and related graphics contained in the Web products for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. SVPSL and/or its respective suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall SVPSL 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 company Products, with the delay or inability to use the company Products, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Smart Value Products or otherwise arising out of the use of the Smart Value Products, whether based on contract, strict liability or otherwise, even if SVPSL or any of its suppliers has been advised of the possibility of damages. Except for states/jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages, If any PC/IBA is dissatisfied with any portion of the SmartValue Products, or with any of these of use, his/her sole and exclusive remedy is to discontinue using the SmartValue Services.
SERVICE CONTACT/E-Mails Contact
All the queries are to be addressed to: support@svpsl.in
ACCESS RESTRICTION
SVPSL reserves the right to deny in its sole discretion any IBA access to the Smart Office or any reformat portion thereof without notice.
MODIFICATION OF THESE TERMS AND CONDITIONS
SVPSL reserves the right to change the terms, conditions, and notices under which the SmartValue business is offered through intimating by a mass mail or by publishing in its web site or by simply modification without any notice.
GENERAL JURISDICTION
The laws prevailing in India for the time being in force shall govern this Agreement. IBA consents to the exclusive jurisdiction of competent courts of New Delhi, India for all disputes arising out of or relating to the this agreement and purchase of company products or any other issue irrespective of having concurrent or similar jurisdiction by any other court in India or else where.
ASSOCIATION
No joint venture, partnership, employment, agency or any other relationship exists between IBA or PC and SVPSL as a result of this agreement or use and / or purchase of the company Products.
PERFORMANCE
SVPSL's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of SVPSL's right to comply with governmental, judicial or quasi judicial authority, court and law enforcement requests or requirements relating to acquisition or use of the Products or information provided to or gathered by SVPSL 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 provisions that most closely matches the intent and content of the original provision and the remainder of the agreement shall continue in effect.
COPYRIGHT AND TRADEMARK NOTICES
SVPSL or / and its suppliers are having copy right on all contents on the company Products / official material and the web site of the company. All rights reserved. SVPSL products and or services referred herein are domains, trademarks, Material or registered trademarks of SVPSL.
INFORMATION FROM INDEPENDENT BUSINESS ASSOCIATE
All information provided in online registration form and physical form by an IBA to SVPSL shall be accurate and complete. An IBA must update and correct information soon after changes if any in future during the agreement.
IBA RESPONSIBILITY
References in IBA's account to products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply an endorsement or recommendation by SVPSL. Product and service information is the sole responsibility of each individual Associate-ship owner/user. Independent Business Associates are solely responsible for compliance with laws governing the offering, sale, licensing, or other marketing and taxation of any products and on the income derived on sale of products by sell or his/her/it’s team of associates. On occasion, SVPSL will undergo routine maintenance or experience unexpected technical problems. SVPSL may be required to access an IBA's website from time to time to provide maintenance. SVPSL will not in any circumstance be responsible for problems, losses, or damages arising from connectivity; errors in content due to application problems; loss of access by Independent Business Associate; or temporary or permanent loss of data.
LIMITATION OF LIABILITY
SVPSL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE PRODUCTS OR SERVICES SUPPLIED THERE UNDER OR MARKETING MATERIALS SOLD, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SVPSL will not be liable to any IBA for indirect, incidental, special or consequential damages, such as (but not limited to) loss of profits or business interruption, arising out of or connected to the use of , or inability to use, the products related services, products or marketing materials provided to any IBA. The total liability of SVPSL for any and all damages arising from or connected with this Agreement, the Products or the services, or marketing materials provided to any IBA shall not exceed purchase cost made by the IBA to SVPSL during the 12months period immediately preceding to the occurrence of the event causing the damages.
VOLUNTARY RESIGNATION
IBA may voluntarily terminate this Agreement by sending written notice at any time for any reason. If IBA need to be changed terminates this Agreement that IBA shall not be allowed to become an IBA again for a period of six (6) months. If IBA rejoins on-line in violation of this policy then that IBA shall be terminated and IBA shall not be allowed to earn any revenue / from the new associateship.
PENALTY & SUSPENSION
If IBA breaches any of the provisions or the terms and conditions of this agreement or/and if violates any applicable law or regulation or engages in any false, misleading or unfair trade practice, including but not limited to, making misleading income representations or making promises to get rich quick or normal monthly income or job assurance (herein after called "Violation") he / she shall be liable for the imposition of penalty, SVPSL at its discretion can suspend IBA, including suspension of Cheques/demand drafts earned at the time, pending enquiry of any alleged such violation. IBA shall be given notice of the alleged Violation by e-mail, fax or other method of communication and he/she can respond with explanation within specified time mentioned therein otherwise or if not satisfied with the explanation submitted, company is at liberty to take any punitive action including termination of associate-ship.. SVPSL reserves the right to suspend the payment of or forfeit the contract revenue of such IBA(s)/(s)/Applicant(s) whose membership is liable to be terminated for committing such breach or violation and actions which are declared to be prohibited under this agreement or for non fulfilments of any of the action or restrictions or terms or conditions under this agreement or non compliance or statutories as per applicable law of land time being in force.
INDEMNITY
Applicant/IBA/ indemnifies and agrees to keep SVPSL fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by SVPSL arising from or out of misuse of credit card or any misrepresentation to person or entity by the applicant/IBA whether directly or indirectly.
SECURITY
Each IBA Shall keep any SVPSL passwords and other secure accesses information confidential and notify SVPSL promptly if the IBA believes that the Security of an account has been compromised. SVPSL shall take all reasonable steps to protect the security of online transactions. HOWEVER, SVPSL CANNOT AND DOES NOT WARRANT SUCH SECURITY AND WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
SPAM/MISUSE OF SYSTEM.
IBA shall not engage in spamming in order to promote the IBA's business. "Spam" includes;
(a) Mass mailings akin to junk-mail, either to news groups or electronic mail or unsolicited commercial and/or informational announcement / announcements, sent to people not known personally, unless the recipients have expressly asked to receive e-mail announcing programs of this type,
(b) Mass or bulk (20 or more recipients) emails of any kind, unless the recipients have expressly asked to receive email pertaining to programs of this type, and
(c) A news group article, or essentially the same article with small changes, posted unacceptably high number of times to one or more news groups, (content is irrelevant) or Usenet, chat room or message board postings that are unrelated to the topic of discussion of the particular news group, chat room or message board. "Spam does not include responding to any message received by sending a message (even though not related to the received message) by use of the "Reply to all" or similar e-mail feature. "Spam " does not mean "ads". It doesn't mean, "abuse". It does not mean, "Posts whose subject I object to" Associate ships may not contain or transmit any file or software with a virus or other contaminating or destructive features. No IBA may in any manner interfere with the content of other sites or the system. Sites may not use excess system resources or otherwise, in SVPSL's sole judgment, use resources in a manner that damages its system.
APPLICABLE LAWS
This Agreement shall be construed and enforce in accordance with the laws as in force for the time being in India without reference to legal principles that would cause the law of another jurisdiction applicable. Causes of action between the parties hereto of any type, whether based on this Agreement, on fraud or any other tort, or grounded in principles of strict liability or statutes of any kind, shall be heard exclusively in a court of competent jurisdiction in New Delhi, India irrespective of having concurrent or similar jurisdiction by any other court in India, each party hereby submitting to the jurisdiction of such courts and expressly waiving the right to bring suit in all other courts in any state or country. In any cause of action the winner shall be entitled to recovery of all reasonable attorney fees, court costs and other costs of the action.
ADDRESS
The Address for IBA/ shall be as in maintained in the records of SVPSL. The address for SVPSL is its corporate office situated at Plot no. E – 27, Sector - 63, NOIDA, 201301 U.P. India, or may be changed from time to time which will be updated in the company website.
OFFICIAL LANGUAGE/DEFINITIONS
The English version of this Agreement, as maintained by SVPSL, is the official version and shall have control over any other language version(s) that may be made available for ease of reference for some Independent Business Associate. As used in the SVPSL materials, any word or term being synonym or bears or have similar import values and are used to describe any other word or phrase with reference to the activities of an IBA/, shall be an abbreviated reference to the promotional activities of IBA/ with respect to such word or phrase and it shall be understood to derive the same meaning as may be purported to be used between SVPSL and the IBA/ and not between the IBA/ and the prospective purchaser.
IMPORTANT-READ CAREFULLY
Be sure to carefully read and understand all of the rights and restrictions described in this IBA agreement and Disclaimer. You will be asked to review and either accept or not accept the terms hereof.
1. Your click on the "I agree" button is a symbol of your signature that you accept the terms of the IBA agreement and Disclaimer. You may also receive a copy of this IBA agreement and Disclaimer by contacting the service support team of SVPSL. This IBA agreement and Disclaimer is a legal agreement between IBA (either an individual or company or a legal entity) and SVPSL and IBAs are bound by the terms and conditions of this agreement.
2.The applicant shall attain majority while accepting this agreement as per the law time being in force.
3. Your click on the “I agree” button means you accept click on the said button all the terms listed below. If you do not agree to accept them, you need not.
4. You hereby confirm and are aware, that the information disclosed by you to SVPSL, has been so disclosed freely and will be used for as described in this agreement or otherwise by SVPSL;
5. SVPSL reserves the right to modify the Terms of agreement by the IBA or prospective applicant for Online Registration at any time and without prior notice to its Independent Business Associate//Prospective applicants.
6.SVPSL may add to, change, delete or end our, or your use of our support at any time. The support may be temporarily unavailable from time to time for maintenance or other technical reasons.
7. An IBAs are solely responsible for the content and quality of the information provided them.
8. An IBA shall not use any SVPSL service to transmit vulgar, racist, libelous or otherwise offensive material to or about Independent Business Associate//Prospective applicant of these services. An IBA will respect one another and use appropriate net etiquette while keeping in the spirit of the web site.
9. IBA shall comply all statutory formalities of State and Central Government as per the law time being in force. IBA shall pay all applicable taxes on the commission earned by them. SVPSL shall not be responsible to indemnify the SVPSL in this regard.
10. An IBA agree that the contents of this Web Site, the information, text, graphics, images and all other material, are protected by law and are the Copyright of SVPSL. Unauthorized use of the Material may violate copyright, trademark, and other laws. IBA must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the prior consent of SVPSL, except that which is provided to the IBA upon registering for the concept and sale of SmartValue Products. The use of the Material on any other Web site or in any network marketing environment for any purpose is prohibited.
11. Web Site Security Rules. You are prohibited from violating or attempting to violate the security of SVPSL, including, without limitation,
(a) accessing data not intended for IBA or logging into a server or account which IBA s are not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication, measures without proper authorization,
(c) attempting to interfere with service to any Independent Business Associate, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing", or
(d) sending unsolicited information, including promotions and/or advertising of products or services, or
(e) forging any TCP/IP header or any part of the header information in any information or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SVPSL will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Independent Business Associates (IBA) who are involved in such violations.
12. As a policy of General Rules, you will not use this Site namely; SVPSL in order to transmit, distribute, store or destroy material
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or
(c) that is libelous obscene, threatening, abusive or hateful.
13. SVPSL is not responsible for the content, quality or any other part of the information provided by IBAs/Users/Prospective applicants of SVPSL, nor is SVPSL responsible for any errors in that information, nor for errors, disruptions nor delays in its transmission.
14. SVPSL is not responsible for any misuse or information or material provided. However the IBA/User is responsible for any inaccurate information published on the application form or any other material supplied to the prospective applicants.
15. SVPSL reserves the right to summarily cancel the access and/or associate ship of any person not complying with the rules.
16. If you choose to delete your profile and/or resign from SVPSL, your profile will not appear in any search results. However, SVPSL keeps the right , although you resigned from the associate ship, to continue sending you emails in other fields.
17. The failure of SVPSL to exercise or enforce any right or provision of these Terms of agreement shall not constitute a waiver of such right or provision. If any provision of these Terms of agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provisions, and the other provisions of these Terms of agreement shall remain in full force and effect.
18. Any IBA/Prospective applicant using any of SVPSL's websites hereby declares that his/her use of any of the SVPSL websites is not infringing on applicable local law.
19. IBA agree that SVPSL reserve the right to terminate without any prior notice, such IBA/Applicant who under this business plan by way of paying through credit card and who are found guilty or associated are directly or indirectly indulge in misusing a credit card which actually belongs to some other Applicant/IBA or third person or party whether or not he/she is directly or indirectly related with this plan.
20. IBA further agree that SVPSL reserves the right to suspend the associate and stop commission payment or forfeit the Commissions of such Applicant(s)/IBA(s) whose membership is liable to be terminated for committing such actions as stated herein above and which are declared to be prohibited under the business plan or for non fulfilment of any of the action or terms or conditions under this business plan.
21. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SVPSL OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO do the business, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SVPSL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. An IBA WILL INDEMNIFY AND HOLD HARMELSS SVPSL, ITS OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTIES FROM AND AGAINST ANY CLAIMS, LAIBILITIES, LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THE USE OF OR PARTICIPATION IN THIS BUSINESS PLAN OR THE INFORMATION CONTAINED THEREIN.
23. Please make note that the company official website is www.smartvalue.biz. All concerns are requested to browse the said website only for updates on products, notice, circulars etc. Any associates or others access any other website for our company business related information they shall be doing so at their own risk and company is not responsible for the same.
24. This agreement is subject to the laws of India. All disputes, differences and claims arising out of this agreement shall be subject to Indian Law. The courts in New Delhi shall have exclusive jurisdiction relating to any proceedings arising out of this agreement
Should IBA have any questions, or if desire to contact SVPSL for any reason, please contact the service support persons of SVPSL at support@svpsl.in