Terms and Conditions for Ayurshakha’s Spoke Franchise
These Terms and Conditions are a legal and binding agreement between you (“the spoke franchise owner”) and Fatho Technologies Private Ltd (herein after called as the Company / Ayurshakha ). Terms and conditions states the grounds upon which individual can work in the capacity of spoke franchise owner of the company.
Terms and Conditions are updated from time to time at our sole discretion and the most updated version is available on the website/ application of ayurshakha. Continuous use by the user of the website after any revision, indicates the user’s acceptanceof the updated/revised Terms and Conditions.
By accessing the website as well as application, you become the Userand are also bound by the terms and conditions and other policies of Ayurshakhaas defined herein the website. FURTHER, IF YOU DO NOT AGREE TO BE BOUND BYTHESE TERMS AND CONDITIONS FOR SPOKE FRANCHISE OWNER, YOU SHALL NOT REGISTERWITH THE APPLICATION OR COMPANY’S WEBISTE AS SPOKE FRANCHISE OWNER. The Registrationand thereafter, an access to the website/ application shall be concluded as theconsent of the above defined terms and conditions.
Thefollowing words and expressions shall have the following meanings, save wherethe context otherwise requires:
a) "CommencementDate" shall means the date on which this Agreement is entered into orunless otherwise agreed.
b) “Territory” means the whole territory ofIndia, excluding the state of Jammu & Kashmir.
c) “Products” includes Ayurvedic Products, Natural Products, OrganicProducts, or other product of the same or related nature, that are categorisedin medications, wellness, life style, organic, food and beverages, weight loss,feminine and personal care categories.
d) “Generated Sales” means those orders whichconverts into the final sales, with no instance of return or refund.
e) “Natural Product” A natural product is a chemical compound or substance produced by aliving organism—that is, found in nature and includes any substance produced bylife.
f) “Organic Product” is the product of a farming systemwhich avoids the use of man-made fertilisers, pesticides; growth regulators andlivestock feed additives.
g) “PromoCode” shall means the combination of numbers oralphabets or shapes or figures in virtual or physical mode, that may pertainthe specific discount or other offers for users, as issued by the ayurshakhacompany.
2. SPOKE FRANCHISE:
By agreeing upon these terms and conditions as well as the terms and conditions of company, the individual herein appointed as the spoke franchise owner ofCompany for the duration of five years . Further, individual also undertakes to disclose the true and correct personal information and other required details to company.
a) TheCompany shall assign the defined Intellectual Rights and may provide the Promotion or marketing supportor other rights to the spoke franchise owner, which authorises theSecond Party to work under the name or title as “Ayurshakha’s spoke franchiseowner”, against which the Second Party shall pay the first party an franchisee fee of Rs.12,000(Twelve Thousand Only) exclusive of goods and service tax or any other tax asapplicable in the territory of nation . The spoke franchise fee is anonetime non refundable amount that is required to pay at the time of executingthis agreement.
b) Thespoke franchise owner may sell the products through counter sale or on businessto business model, wherein the franchise owner is eligible to purchase the productsof various brands as available on the portal of Company, at a margin that mayvary between 10 to 100 percent. However any counter sale of products is subjectto the consent and approval of dealer or manufacturer of product/brand orayurshakha. Further, such association assigns the second party rightto work as the franchise operator of the company and such association doesn’tallow or gives any right to second party to represent as the employee ormanagement member of the Company.
3. Revenue for Introducing the new Business Opportunity:
The spoke franchise owner may introduce a Manufacturer of Ayurvedic Medicines or Natural Products or Organic Products to the Company and thereafter, if Company enters into agreement with such Manufacturers, in such scenario, spoke franchise owner shall get an amount equal to one Percent of the sale made in the PAN India. Further,spoke franchise owner is eligible to avail and earn the referral income benefits, wherein on each reference of spoke franchise owner, the existing owner shall earn 500 points, which can be redeemed based upon the policies of company.
4. Promotional Activity:
TheCompany may distribute the “Promo code Coupons” to the spoke franchise owner,which allows the holders of promo code customers to avail a specific discounton the purchase of the various product available on the portal of the companyfor sale. The spoke franchise shall put best efforts to generate the salesthrough organised and effective usage of promotional activity of promo code.Further, anysales generated through the promo codes, shall entitled the associate member toearn an income or amount equal to 1to 10 percent or above (based upon theproduct purchase) of the purchase made through the execution of assigned promocode.
5. The “spoke franchise owner” can introduce One Manufacturers of Herbal , Natural, Organic and Ayurdevic Products .
6. Relation Between the Parties:
The nature of contract between “franchise owner and company” is an Independent Contract. The agreement is the “Business Association” between the Company and Associate, Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the “spoke franchise owner” and franchise owner shall not represent the Company, neither has, any power or authority to speak for,represent, bind or assume any obligation on behalf of the Company.
7. Force Majeure
Neither Party shall be responsibleor liable for any delay or failure to perform its obligations (other than anobligation to make payment) under this Agreement dueto unforeseen circumstances or any event which is beyond that Party'sreasonable control and without its fault or negligence, but not limited to,acts of God, war, riots, embargoes, strikes, lockouts, acts of any Governmentauthority, delays in obtaining licenses or rejection of applications under theStatutes, failure of telephone connections or power failure, fire or floods.
The “Company” expressly authorises the “spoke franchise owner” touse company’s trade marks/copy rights/ designs /logos and other intellectualproperty owned and or licensed by it for the purpose of Promotion, marketingand generating sales. It is expressly agreed and clarified that, except asspecified agreed in this Agreement, each Party shall retain all right, titleand interest in their respective trademarks and logos and that nothingcontained in this Agreement, nor the use of the trademark / logos on thepublicity, advertising, promotional or other material in relation to theservices shall be construed as giving to any Party any right, title or interestof any nature whatsoever to any of the other Party’s trademarks and / or logos.
The contents of the agreement andany information passed on by the Company to the spoke franchise owner is highlyconfidential in nature and the spoke franchise owner agrees and undertakes tomaintain the confidentiality of the information and user/customer datadisclosed, generated or made available to “franchise owner” under thisAgreement. The said information shall not be used by the “franchise owner” orits agents, servants, representatives or any person acting through or claimingthrough the “franchise owner” for any purpose other than for the performance ofits obligations under this Agreement. The franchise owner agrees that theunauthorized disclosure or use of such information would cause irreparable harmand significant injury, the degree of which may be difficult to ascertain.Accordingly, spoke franchise owner agrees that the Company shall have the rightto obtain an immediate injunction from any court of law ensuing breach of thisAgreement and/or disclosure of the Confidential Information. The Company shallalso have the right to pursue any other rights or remedies available at law orequity for such a breach.
10. Termination and effects of Termination
This agreement is valid for the period of five year and may be renewed on mutually agreed terms and conditions. Further, Agreement may be terminated by the Company forthwith in the event franchise owner breaches any of the term and condition of this Agreement, However, if a Petition for insolvency is filed against the Associate, the agreement shall be terminated. This agreement may be terminated by the Company within Two years, if franchise owner fails to generate sale or fails to promote or fails to secure the goodwill of the company, after serving upon the other, a written notice of 30 days, enclosing the reason for termination. The agreement shall stand terminated after expiry of such period and may be renewed or extend with the mutual consent of both parties.
11. Jurisdiction,Governing law, Arbitration, and ex-parte Orders
This agreement is subject toexclusive jurisdiction of competent Courts of law at Chandigarh only. The lawsof Republic of India, as are in force, shall be applicable to presentagreement. In case of any dispute, the same has to be resolved through the Arbitrator,appointed by both the parties, which mutual consent as per “The Arbitration andConciliation Act”. The Company is entitled to obtain ex-parte ad- interiminjunction orders restraining the spoke franchise owner to prevent anyloss/anticipated loss either in material terms or in terms of intellectualproperty or causing damage/loss/harm to reputation/goodwill of the Company bythe Ayurshakha’s spoke franchise owner, its representatives, associates orassigns.