PRO HEALTHYWAYZ INTERNATIONAL LLP a company incorporated under the Companies Act, 1956 and
Having its Registered Office in Hyderabad, hereinafter referred to as
"the Company". The Company is inter-alia into the business of Direct
Selling of various products such as White Goods, Consumer Durables, Cosmetics,
etc. The Company exclusively uses website to display the details of the
products, marketing methods, business monitoring, while uses the word of mouth
publicity to promote and create awareness about the company and its products.
The Company does appoint freelance
distributors across the country for marketing and sale of products. Such
distributorship is granted as privilege to the consumer of its products. Interested
individuals/body corporate needs to purchase the products upon hey being
satisfied with the quality and services they can become a freelance distributor
of the company, if they wish to by applying for the same in the prescribed
Before filling the application form, the
intending Distributor is advised to go through the terms and conditions
mentioned herein below thoroughly along with those mentioned in the official
website of the company during placing an online order and subject to such terms
and conditions shall append their signature in the column provided as a token
of their acceptance of the terms and conditions mentioned therein.
The following words used in these presents
shall have the meaning as defined hereunder;
Company - Means PRO HEALTHYWAYZ
INTERNATIONAL LLP, having its registered office at Hyderabad, Telangana.
Consumer - Consumer means individuals who
purchases products from Pro Healthywayz International LLP or its authorized
Independent Distributor - Independent
Distributor is the person who is competent to enter into contract as per the
Indian Contracts Act provided, such interested person has purchased products
from the Company and opted to participate in Business opportunity.
He - Shall mean and include male, female
who applies for the Distributorship of the Company
Product & Packages - Shall mean and
include all the products and suggested bunch of product marketed by the Company
from time to time.
Manufacturer - Means and include
Manufacturers of the products marketed and sold by the Company from time to
MRP & VSP - Means and includes Maximum
Retail Price printed over the price tag appended to the products and PRO
HEALTHYWAYZ INTERNATIONAL LLP Selling Price in which price consumer and
distributor will get products from company or its authorized franchisee.
Facilitation Incentives - Facilitation
Incentives is the amount/benefit an Independent Distributor may earn by
marketing/referring the products of PRO HEALTHYWAYZ INTERNATIONAL LLP.
Distributor ID - Means unique
identification number issued by the Company to the Consumer/Independent
Distributor and is issued to Independent Distributor as a token of acceptance
of his application seeking for distributorship for the products of the Company.
Password - Password means, unique code
allotted to each of the Consumer / Independent Distributor to allow them to log
on to the website of the Company
Product Code & Packages Code - Means
and include the defining the product and bunch of packages which has decided by
Website Means website of the Company www.healthywayz.in
II. RECRUITMENT AND PERCEPTION
The Company upon scrutiny and verification
of the Application may consider the Applicant as an "Independent
Distributor" for the products marketed by the Company.
Independent Distributor shall enjoy the
following privileges after such recognition.
No territorial restriction to market the
products, but limited to India.
Company shall maintain sales account of the
Independent Distributor and shall be made available for inspection through
A Distributor ID and password shall be
awarded to facilitate verification of their respective business account.
There shall be no specific targets; however
earnings shall be in proportion to the volume of sales done by the Independent
Distributor by self or through team as stipulated.
Distributorship may be awarded as a
privileged consumer with no deposit and other conditions.
Distributorship is awarded without any
commitment/or promise from the company in terms of possible earning potentials.
The Independent Distributorship, upon
appending his signature at the bottom of these presents and confirming through
online in the company's website, shall be deemed to have accepted the Distributorship
as Independent Consumer and hereby covenants as under:
1) That he has clearly understood the Business Opportunity,
Marketing Program, The Compensation, Its Limitations and Conditions and, he is
not relying upon any representation or promises that is not set out in this
term and conditions or other officially or printed or published materials of
2) Shall Act as an independent body and shall not commit any
misfeasance or malfeasance to create any liability/obligation over the company
of whatsoever nature.
3) An Independent Distributor is not an Agent/Employee or
any other legal representative of the company or its service provider.
4) He has attained the age of majority and is competent to
enter into a contract as provided in the "INDIAN CONTRACT ACT".
Necessary proof there of shall be submitted as and when required by the
5) Independent Distributor hereby undertakes not to accept
cash from any new consumer introduced by him for buying the products and
discourage his team members from accepting cash from any buyers.
6) Distributors hereby declare that all information
furnished to the company is true and correct. The Company shall be liberty to
take any action against the distributor, in the event, it is found that the
Distributor furnished any wrong/false information to the company and the
company's decision will be final.
III. GENERAL ASPECTS
The company under no circumstances will
accept payment in cash for product sales.
The company may appoint Third Party for
collection/distribution services. Independent Distributor advised to visit the
company official website from time to time to know such an appointment and
avail facilities such as walk to in to their outlets and make payment and
collect a valid receipt and products from them.
The Products can be ordered online through
our website and the payment in the form of demand draft favouring "PRO
HEALTHYWAYZ INTERNATIONAL LLP", Payable at Hyderabad, has to be
sent / submitted at our authorized outlets, against which the product/s ordered
will be delivered to the purchaser/authorized person. If the payment has been
done through Credit Card/Debit Card using payment gateway process or through
Terminal Swiping machine, the same or the front side photo copy of the 'same
has to be presented with the ID proof, at the time of product delivery, by the
purchaser either while collecting the product from the delivery outlet or while
product getting delivered at the purchaser's delivery address.
All consumers/Independent Distributors
before ordering online or making the payment are advised to physically look and
feel the products that are available for demo/display at our locations, as such
the images shown in the company's website / printed materials or through, any
other mode by the company is only for reference and the actual product may
Neither it is compulsory nor mandatory to
participate in the business plan of PRO HEALTHYWAYZ INTERNATIONAL LLP
Purchasers who wish not to join business, can take a benefit of discounted
product as a consumer. Company take every possible steps to make the purchaser
understand about the company, products, policies, etc., and also to make ensure
that the purchaser is properly guided to buy PRO HEALTHYWAYZ INTERNATIONAL LLP
products or before entering in to Company Business Opportunity and such
purchaser will be termed as "Consumer".
A consumer who has purchased the products
from PRO HEALTHYWAYZ INTERNATIONAL LLP can choose to join the business
opportunity free of cost, which he can do so by confirming from his Business
The Independent Distributor will be
eligible towards facilitation fees or income, as per the point value of sale of
products/ business done by him, subject to the eligibility norms formulated by
the company from time to time. The company does not guarantee/assure any
facilitation fees or income to the distributor on account of becoming just a
mere "distributor" of the Company.
Distributor ID has to be quoted by the
distributor in all his transactions and correspondence with the company. The
Distributor ID once chosen cannot be altered at any point of time.
No communication will be entertained
without Distributor ID and password. Distributor shall preserve the ID properly
as it is before logging on to website.
TDS and any other applicable deductions will
be charged to the distributor by the Company as per the prevailing norms.
Independent Distributor Undertake to adhere
to policies, procedures, rules & regulations formed by the company.
The distributor shall be faithful to the
company and its co-distributors and shall uphold the integrity and decorum of
the company and shall maintain good relations with other distributors and other
clients. The Distributor understands that, the company shall be at liberty to
accept or reject his application to become a distributor.
The Company reserves its right to modify
the terms and condition, products, plans, business and policies with/without
giving prior notice. Such notice may be published through the official website
of the company, and any such modification/amendment shall be applicable and
binding upon the Distributor from the date of such publication.
IV. PRICES / PAYMENTS
The Updated Product Packages and their
Price lists are available on the company's official website and the amount to be
paid (only after complete satisfaction with the description/ features available
on the website and if possible, the physical verification of the product can be
had by the purchaser by visiting our authorized outlets) by way of Bank Demand
Draft favouring " PRO HEALTHYWAYZ INTERNATIONAL LLP payable at Hyderabad
or through online payment gateway.
It is mutually agreed between the parties
that the Consumer / Independent Distributor if satisfied about the product
package ensure that the amount towards such product should reach the company's
branch / authorized outlets within 15 days from the date of ordering the same
online. In case the Product Purchaser fails to make payment within the
aforesaid 15 days period to the company, it is up to the company's discretion
either to accept the payment on the norms prevailing at that point of time or
that this Agreement stands terminated and will be deemed as null and void.
It is mutually agreed between the parties
hereto, that the company is at liberty to change / modify the quantum of
product cost payable under this Agreement in future or provide for additional
Product / Services at such additional cost as may be determined by the company.
The company offers 30 days money back
guarantee, from the date of receipt of payment on certain select products, as
per the Product return policy.
The product rates and specification is also
subject to change and may vary from time to time.
The company will not be responsible for any
loss or damages if caused due to any technical error in the web links provided
in the website, payment gateway, typographical errors etc.
A Distributor is prohibited from listing,
marketing, advertising, promoting, discussing, or selling any product, or the
business opportunity on any website or online forum that offers like auction as
a mode of selling. Please refer to code of conduct of our Distributor Policies
and Procedures for complete details.
Once a distributorship is terminated, he
cannot enter into any of the company premises/meeting locations and his
facilitation fee/ his name would be removed and he would not be entitled to
receiving any fees going forward immediately.
The distributor hereby undertakes not to
compel or induce or mislead any person with any false statement/promise to
purchase products from the company or to become distributor of the company.
VI. ROLES AND PRIVACY
Parties shall maintain confidentiality with
respect to company's information including but not limited to company's
policies, product details, facilitation fees etc., save and except to the
extent that is required for furthering sale of products;
VII. SUPREME ASPECTS
Notwithstanding anything stated or provided
herein, the company reserves its right to modify, alter or vary the terms and
condition in any manner whatsoever they think fit and shall be communicated
through official website or other mode as the company may deem fit and proper.
Differences if any on such amendment shall be expressed / intimated in writing
to the company within 7 days from the date of such amendment. In the absence of
receipt of written objection, if any within such stipulated period, all such
amendments to the agreement shall be considered as carried with the consent and
thereafter any objection/difference shall be considered as waived/surrendered
The Company reserves its rights to
terminate the Distributorship for any reason not limited to the breach of terms
as stipulated herein.
IX. FORCE MAJEURE
The Company shall not be liable for any
failure to perform its obligations where such failure has resulted due to Acts
of Nature (including fire, flood, earthquake, storm, hurricane or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization,
government sanction, blockage, embargo, labour dispute, strike, lockout or
interruption or failure of electricity.
X. RECOURSE AND LEGAL APPLICABILITY
a. The terms and conditions stipulated in the forgoing
paragraphs shall be governed in accordance with the laws in force in India.
Disputes, if any, shall be subject to the exclusive jurisdiction of the courts
b. If any dispute or difference arising out of or in
relation to these presents, the same shall be referred to a sole arbitrator
appointed by the Company. Arbitration in such event shall be conducted as per
the "Arbitration and conciliation Act, 1996"as amended from time to
time. Venue of such Arbitration shall be Hyderabad and Language shall be
DECLARATION / AFFIRMATION
Solemnly affirm and declare as follows:
That I have read and understood the terms
and conditions for 'Independent Distributorship "of the Company.
I have also gone through the company
official website, printed materials, brochures and convinced about the business
and I have applied for the Distributorship on my own volition.
I declare that I have not been given any
assurance or promise by the company or its senior level Distributors as to any
income on account of the product purchase made by me. However I am made to
understand that I will be eligible for income / facilitation fees depending
upon the volume of business done by me, as per terms and the Company reserves
the right to change the Business Plan at any point of time.
I undertake not to misguide or induce any
one I shall not misguide any one and appraise them the terms and conditions for
anyone to become a distributor to join the company.
I hereby agree and adhere to the terms and
conditions as stipulated along with the application form and as mentioned above
to agree to purchase the product as Consumer/to do the distributorship
I hereby agree to submit all disputes to arbitration
as provided in the terms and conditions of the company.