Everybody is a genius but if you judge a fish by its ability to climb a tree, it will live its whole life beleiving that it is stupid. extraordinary circumstances. 8. Jurisdiction And Disputes Resolution Mechanism. This Agreement shall be construed and enforced in accordance withthe Laws of Union of Indiaand shall be subject toNoida / Delhi Jurisdiction. (a) All disputes between the Associate / User and the company arising out of or in relation to this Agreement directly or indirectly shall be first settled amicably through negotiation between the parties. In the event of the dispute not being settled amicably between the parties, the same shall be referred to the Sole Arbitrator appointed by the company under the Provision of Arbitration & Conciliation Act, 1996 and the venue shall exclusively be at Noida / Delhi only. The Managing Director, eBIZ Pvt. Ltd. shall be appointed as the Sole Arbitrator to adjudicate upon the disputes or the Managing Director may appoint someone else to adjudicate upon the disputes. (b)All the Associates outside India are also governed by the rules and regulations of eBIZ Pvt. Ltd. [India] as eBIZ World Marketing Ltd. [Canada] is only responsible for collection of payment and releasing the commissions to the Associates outside India on behalf of eBIZ Pvt. Ltd. [India]. For any dispute between the company and any Associate outside India, eBIZ World Marketing Ltd. [Canada] will not be responsible, and all the disputes will be addressed to and settled by eBIZ.Com Pvt. Ltd. [India] in accordance with the Terms and Conditions laid down here in this Agreement. All the Associates are responsible for their own taxes and respective Provincial / State and Federal laws. (c) In case of the multiple claims / disputes that may involve the company and more than one user for the cause of action relating to all such parties, such parties hereby consent and submit to a single, consolidated arbitration proceeding. Any award made under such arbitration will be final and binding on both the parties hereto. 9. General. (i)LEGALS means AGREEMENT (Terms and Conditions) applicable to eBIZ Pvt. Ltd. (ii) The Company reserves its right to change the Terms and Conditions of the Agreement under which the Product / Services and Business opportunity of the company are being offered. (iii) The company reserves the right to deny, in its sole discretion, before / after termination of this Agreement, user access to web site, facilities, products or services, without any notice or reason. (iv)This Agreement constitutes the entire Agreement between the parties on the subject matter thereof, however, Associate / User understands that any Commitment, Terms and Conditions, as displayed on the web site of the company, will be treated as integral part of this Agreement , which would be binding on both parties. No additional promises, representation, guarantees or Agreements of any kind, shall have any validity concerning the subject matter of this Agreement, unless the same is in writing and is agreed upon and signed by an authorized representative of the company in hard copy form. (v) If an Associate refers / recommends the Products / Services of the company to some other prospective user, and consequently decided to accept some incentives / commissions being offered by the company, then the Associate will be bound by Agreement / Terms and Conditions on the subject contained elsewhere in the company web-site, and the same Agreement / Terms / Conditions, will form a binding contract between the user and the company, and will be enforceable in the same manner as this Agreement, being subject to the same restrictions on jurisdictional. (vi)Associate agrees that the latest version of this Agreement, available on the companys web-site, without any modification whatsoever, will be the operative version of this Agreement, and any modification of this version of the Agreement by any User / Associate with malafide intent will be liable to be prosecuted under the relevant provision of the law in force. The operative intent of this clause will extend to all terms, conditions and notices, which are ancillary / incidental to this Agreement, including any such Terms and Conditions which may be contained in the companys web-site or in any other web-site / web page which is also operated by the company or its affiliate, including any such sites or pages which can be accessed by links contained in the web-site of the company. (vii) Headings to clauses in this Agreement are for the purposes of references only, and shall not be construed as indicative for the purpose of interpretation of any clause. (viii)If there is any conflict between the currently available user Agreement and other documents, the currently available user Agreement available on the companys website shall govern, whether such other documents are being made / created prior to or subsequent to currently available user Agreement, or is signed or acknowledged by any Director, Officer, Employee, Representative or Associate of eBIZ Pvt. Ltd. (ix)The Company does not owe any responsibility whatsoever for any Loss, Damage or Distress to any person, whether or not a purchaser of our Products / Services on account of any action taken or not taken on the basis of our Product / Business / Mission. (x) Associate interested to promote eBIZ Business / Mission must examine their Country / State / Province laws. Company will not be responsible in any ways if any Associate is promoting the Business / Mission without examining their Country / State / Province laws. However, our product ( Free or Paid ) could be obtained for only learning purposes from anywhere. (xi)Physically fit persons are only allowed to promote eBIZ Business / Mission. Blind and physically impaired persons are not allowed to promote eBIZ Business / Mission. However, they may take Free Basic Educational Package for learning from other eBIZ Associate. (xii)In case of any dispute only current information on our website ( ebizel) will be used. (xiii) Any lawsuit or bad propaganda against the company by any Associate will immediately disallow the ongoing commissions (if any) without any notice, however, they will continue to enjoy our products. (xiv) If we find any eBIZ Associate involved in misguiding / spreading misunderstanding to other eBIZ Associates about the companys rules / policies / activities / functioning directly or indirectly, would amount to immediate suspension of commissions without any prior notice. However, he / she will continue to enjoy learning through purchased product for the entire purchased period. (xv) Company releases the earned commissions only to the Associates who are 18 years of age and their PAN is received by us. If you have not acquired the age of 18 or not have sent a photocopy of your PAN card, you are not entitled to receive any commissions. However, the day you acquire the age of 18 and the day we receive your PAN you are eligible to earn ongoing commissions since then. The commissions earned (if any) prior to fulfillment of the above conditions will not be paid in any circumstances. However we strongly recommend each one of the new Associate to send the copy of their PAN immediately or maximum within 90 days from the date of their registration. (xvi) It is the duty of all the Associates to follow all the LEGALS (Terms and Conditions) and FAQs of eBIZ. We are a global company set up for providing Product / Services online. It is neither possible for us to have any control nor have any way to know for any violation done by any Associate unless we receive any complaint. Any action for any violation as indicated on our site, would be initiated only after receiving a genuine complaint where the matter seems to lie in our jurisdiction. However, all our Associates are Independent so they are responsible for their own wrong doings in their respective jurisdiction / States / Provinces / Countries and the affected Associates / Business Associates can directly take legal action against these wrong Associates / Business Associates directly in their respective jurisdiction. (xvii) Only information available at our website related to Company or its President / Directors should be given to other Associates / Guests for promotion of eBIZ Business / eBIZ Mission. Any Associate violating this will not be allowed to promote our Business / Mission anymore and his / her ongoing incentives / commissions will immediately be stopped, however, he / she would continue to enjoy online learning through product purchased by him / her for the entire purchased period. (xviii) Product could be renewed for the next year by paying Annual Maintenance Charge of Rs 3933 /- (Inclusive of all Taxes) only. Renewal of product would automatically renew this agreement / contract further for the period of one year. (xix) If the total number of sales for any Day / Twice a Week / Week / Fortnight / Month is not sufficient to release the commission then either we will club the sales of that Day / Twice a Week / Week / Fortnight / Month to the sales of next Day / Twice a Week / Week / Fortnight / Month and run the commission on the basis of total sales for these Days / Twice Weeks / Weeks / Fortnights / Months and also can modify orbit / step rates to run the commission. The minimum sales required to run the commission in any specific Day / Twice a Week / Week / Fortnight / Month would be determined / decided by the company and the decision of the company in this regard would be final. (xx) Purchasing Associates are strictly warned not to pay any cash payment to his / her Selling Associates or any of his / her up line Associates. All the payment must be made through Bank Demand Draft drawn on the name of eBIZ Pvt. Ltd., payable at New Delhi only and the photocopy of the Bank Demand Draft must be retained very carefully. Personal and Payment information must be verified by the Purchasing Associate before signing the DECLARATION on the Invoice Form. Selling and Purchasing Associates must keep a photocopy of the Invoice Form . The original Invoice Form and cost of the product has to be sent to the company . Company will not be responsible if any part / full payment is made to any up line or Selling Associate by the Purchasing Associate or the proper Invoice and cost of the product does not reach to the company. (xxi) If President of eBIZ Pvt. Ltd. is convinced that any Associate is drawing commission / incentives without any contribution, we may stop the ongoing commission / incentives without any notice and with immediate effect. Even if some commission cheques are issued to such Associates, we may stop the payment of cheques. (xxii) eBIZ product can not be purchased injoint nameorpartnership. (xxiii) Associates residing outside India are not allowed to earn any commission in India. (xxiv)All Associates must Post / Send their query at support.ebizel. (xxv) eBIZ is created primarily to promote Fundamental Computer Literacy amongst the masses and to provide Ongoing Non-Formal continuous fundamental education online. Though, the incentives are involved to encourage the Associates to promote this noble cause but company does not guarantee any incentives / commissions. The company is committed to provide the Advance eBIZ Educational Package or any other purchased courses / products for the purchased period for the consideration unless any such technical fault / difficulty arises which is beyond the control of the company. (xxvi)The total cost ( including cost of the Product and Annual Maintenance Charge ) of our product includes the cost for the Technical and Non Technical Support, Maintenance for the entire purchased period and Numerous Utilities and other courses developed by us. We have also developed courses / tutorials for some renowned softwares to create better understanding and learning about the computers. These courses are added without any cost. Our dedicated staffs are available all the time to provide special technical and non technical support and other services / maintenance for the entire purchased period, which is required to facilitate learning and making use of our other services to any individual who have purchased Advance eBIZ Educational Package. (xxvii)All our Courses are developed by the subject experts and by our appointed staff members under the guidance of president of eBIZ. com Pvt. Ltd. These courses are designed to help the deprived and deserving masses (who otherwise are not given chance to learn from anywhere) to learn. All our courses are designed for self learning only and to be learnt using Computer and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Govt. of India. (xxviii)In order to evaluate their learning, Associates can take up online Quiz. Successful Associates are provided an online certificate. Please note these certificates are not recognised by any institution or by any Govt. body . These certificates are only an indicator of some fundamental learning which has taken place. (xxix) eBIZ has made ever first and unique attempt to teach the Computers in various Regional, National and International languages. In this task we have taken the help of various subject and language experts. We tried to do our best to provide the exact translation but in case you find any error of any nature please do not hesitate to communicate to us without any delay and we undertake to correct the existing error immediately. (xxx) In case of any conflict of translation of any of the learning material contained in the Regional, National, International or English language, the English version shall prevail. (xxxi) Users are recommended to buyAdvance eBIZ Educational Package / eBIZ Holiday Accommodation Packageif they feel that the full package is important and useful for them, otherwise only FREE Basic eBIZ Educational Package or eBIZ Educational Package could be obtained / purchased. (xxxii)People are encouraged to buy our products only if they are primarily willing to learn our designed courses. People participating in our program just to take the benefit of our incentive plan are highly discouraged. (xxxiii)Commissions / Incentives are not the right of any Associates, however, purchased products would be served for the purchased time period. (xxxiv) In order to take the benefit of all the sales in Group compensation plan on continuous basisyou must fulfill all conditions mentioned in our business section. Failing in any one would result in flushing of the entire sale volume. (xxxv)In order to earn commission (if any) uninterruptedly all the Diamond and above Associates have to organize two FREE COMPUTER LEARNING CAMPS every year on their own under the information to eBIZ Pvt. Ltd. This is a mandatory requirement. (xxxvi)People who have tremendous skills and selling abilities, only make money in eBIZ LEARN and GROW Plan. Very little percentage of people either possesses these abilities or develop them, so we encourage people to buy Advance eBIZ Educational Package primarily for learning our designed courses only as earning incentives might be difficult for many of them. Please note here again that we are only charging for our products and nothing is charged for the business opportunity. (xxxvii) All Diamond and above Associates are expected to promote eBIZ Business / eBIZ mission with full zeal and enthusiasm on full time basis and expected to periodically organize Product / Business meetings regularly on Daily / Weekly basis and not to indulge in any other business directly or indirectly without prior approval of the company, failing which will lead to denial of any further commissions / incentives without any notice. The decision of the company in this regard would be final and shall be binding on the Associates. (xxxviii) All Diplomat and above Indian Associate are expected to promote eBIZ Business / eBIZ Mission with full zeal and enthusiasm on full time basis and expected to periodically organize Product / Business Plan meetings and Business Building seminars. The details of these meetings / seminars must be posted on the meeting section of our website ( ebizel ) at least 10 days prior to the commencement of the meetings / seminars and the weekly report should be posted through weekly report sect
Posted on: Fri, 15 Nov 2013 10:21:14 +0000
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