Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and
rules there under as
applicable. This electronic record is generated by a computer system and does not
require any physical or digital
signatures.
Introduction
Your use of www.richvisionindia.com ("Website") and related tools and services therein,
including but not limited to
information about the products, pictures of the products, terms and conditions,
transactions that may be implemented
through the Website, purchase of products, delivery of the products and all other
services in relation thereto
("Services") shall be subject to the following terms and conditions ("User Agreement")
which are subject to change at
any time without notice. To make sure you are aware of any changes, please review this
document and all the
documents referred to hereunder periodically.
By using this Website, you have expressly consented to the terms and conditions of this
User Agreement and agree to
be bound by this User Agreement. You have also agreed and accepted to be bound by the
terms and conditions
incorporated in the "Privacy Policy", "Policies and Procedures", "Independent
Distributor(s) Application and
Agreement" and " Rich Vision India Business Plan", which has already been accepted by
you and shall be deemed to
be a part of this User Agreement and in the event of any conflict between the terms of
this User Agreement and any
aforesaid documents, the aforesaid documents shall prevail. If You do not agree to any
of the terms under this User
Agreement, please do not use or view this Website.
This Website is registered in the name of RICH VISION INDIA E-COMMERCE MULTISERVICES
PRIVATE
LIMITTED ("Rich Vision India"), a company incorporated under the Companies Act, 1956,
having its registered
office at Flat no.8, Kapeesh Chambers, Shah Colony, Talegaon Dabhade,Pune-410507
Maharashtra (India).
For the purposes of this User Agreement, the term "Registered User(s)" and wherever the
context so requires "You"
shall mean any natural or legal person who is an Independent Distributor, as defined in
Section 1.1 of the "Policies and
Procedures" document available on this Website. The terms "We", "Us" and "Our" shall
mean Rich Vision India.
Membership Eligibility
The Services rendered on this Website are available only to a registered Independent
Distributor and access to the
Services is available upon entering the Distributor ID and password created by You,
provided You are an active
Independent Distributor and are not subject to suspension, cancellation or disciplinary
proceeding under Section 7 and
Section 11 of the "Policies and Procedures" document. Additionally, it may be noted that
breach or non-compliance
with the terms and conditions set out in this User Agreement may also result in
suspension or cancellation or initiation
of disciplinary proceedings of the Independent Distributorship pursuant to Section 7 and
Section 11 of the "Policies
and Procedures" document. Without prejudice to the foregoing, You confirm that You are
not under the age of
eighteen (18) years and are competent to enter into contracts under the Indian Contract
Act, 1872.
If You are registering as a business entity, You represent that You are duly authorized
by the business entity to accept
this User Agreement and You have the authority to bind that business entity to this User
Agreement.
"Your Information" is defined as any information You provide Us for registration under
this Website or through any
e-mail feature.
You understand and agree to provide true, accurate, current and complete information
about Yourself / Your business
entity as prompted by this Website and update the information from time to time. If You
provide any information that
is untrue, inaccurate, incomplete or not current or if Rich Vision India has reasonable
grounds to suspect that such
information is untrue, inaccurate, not current or not in accordance with the User
Agreement, Rich Vision India has the
right to reject the Your purchase order and/or initiate disciplinary action against You
in accordance with the "Policies
and Procedures" document.
Upon being successfully registered as a Registered User, You consent to receiving
periodic newsletters from Rich
Vision India on the e-mail address provided by You.
Territory
Unless otherwise specified, the Services rendered to You are strictly restricted to the
territory of India.
Payment
In addition to the payment mechanisms stipulated under Section 9 of the "Policies and
Procedures" document, Rich
Vision India, through this Website, enables the Registered Users to place orders and
accepts payment made by a valid
VISA, American Express and MasterCard credit/debit card for orders placed on this
Website. Please note that all
orders placed on this Website are subject to the ordering process detailed in Section 8
of the "Policies and Procedures"
document. You agree, confirm that the credit/debit card details provided by You for
availing the Services are true and
accurate.
The orders placed on this Website are entitled to be considered for and shall be
considered for the sales requirement,
bonus and commissions under Sections 5, 6 and 8.4 of the "Policies and Procedures"
document, subject to the terms
thereunder. You shall be entitled to the Distributor price for all orders which are
placed on this Website as stipulated
under Section 2.3 of the "Policies and Procedures" document.
You undertake and confirm that You are authorized to use the credit/debit card for the
Services. You hereby
indemnify Rich Vision India for any action or inaction on Your part which occurs
consequent to or arises from the use
of this payment mechanism including in respect of any decline of authorization for any
transaction or for any direct or
indirect loss or damage arising on account of such decline of authorization. You
acknowledge that in the event the
payment is declined, for any reason whatsoever, the order will stand cancelled and You
shall be notified of such
cancellation.
Rich Vision India undertakes not to utilise and share Your credit/debit card details with
any third parties unless
required for fraud verifications or by law, regulation or court order. You agree to be
solely liable for the fraudulent use
of such credit/debit card and the onus to "prove otherwise" shall be exclusively on You.
You further confirm and
undertake that You are aware and are in compliance with all the applicable laws
including regulations, notifications,
circulars, guidelines which may be issued by the Reserve Bank of India, Information
Technology Act, 2000, amended
from time to time, in relation to your use of the credit/debit card. Rich Vision India
shall not be liable, for any reason
whatsoever for Your failure, neglect or non-compliance of such applicable law. You
hereby indemnify Us against any
loss, expense, claim, damage or threatened claim or damage that may arise pursuant to
your use of this Website, noncompliance with applicable law, usage of credit/debit card
and any other act or omission on Your part which results in
a liability or threatened liability on Us.
Fraudulent use of Website
Any fraudulent use of a credit/debit card or this Website and/or Services which causes
any monetary loss to Rich
Vision India as a result of Your action/inaction shall be recovered from You. Without
prejudice to the above, Rich
Vision India reserves the right to initiate legal proceedings against You for the
fraudulent use of this Website or for
any other unlawful act or omission in breach of this User Agreement. You hereby
indemnify Rich Vision India against
any damages, claims or other demands in relation to violation of any of Your obligations
under this User Agreement
and in relation to Your fraudulent use of the credit/debit card on this Website and/or
Services provided thereunder.
Pricing and Availability
Rich Vision India reserves the right, at its discretion, to change the prices and
availability of the products without prior
notice. The price of each product represents the full retail price of the product, as
per standard industry practice and is
inclusive of all applicable charges, cess, levies and taxes, unless specified otherwise.
On confirmation of Your purchase order, the amount will be debited from Your credit/debit
card and You will be duly
notified that the payment has been processed, without prejudice to the right of Rich
Vision India to accept or reject the
offer. In the event of subsequent cancellation of the order, the amount will be refunded
to You in accordance with the
Cancellation and Refund Policy herein.
Rich Vision India has taken due care to ensure accurate product and pricing information
on this Website. In the event
there is any error in the pricing of the product or typographical error on the
availability and product information, Rich
Vision India shall have the right, at its discretion, to either contact You for
instructions or cancel Your order and
notify You of such cancellation.
Risk of Loss and Delivery of Products
The delivery of products which are purchased through this Website and the risk of loss
related thereto shall be subject
to the terms and conditions stipulated under Section 8 of the "Policies and Procedures"
document.
The products purchased through this Website shall be delivered by registered courier
service within five (7) working
days of the purchase order. In the event the purchased products are not delivered to You
within five (7) working days
from the date of placing the order, You are required to contact Rich Vision India either
by contacting the address
mentioned under ‘Contact Us’ on the Website or sending an e-mail to
care@richvisionindia.com. The details of the
product dispatch order shall be sent to You on the e-mail id provided by You during
registration on the Website.
Please note that there is no minimum purchase order required for the delivery of
products.
Cancellation and Refund Policy
The cancellation and refund policy for purchase of products on this Website is subject to
the terms and conditions
contemplated under Sections 2.4, 8.5 and 8.6 of the "Policies and Procedures" document
respectively.
Rich Vision India reserves the right to refuse or cancel, at its discretion, any order of
purchase, for any reason, without
any claims or liability to pay monetary charges or interest on the amount. Your order
maybe cancelled due to certain
situations which include but are not limited to the limitations on availability of
products for purchase, inaccuracies or
errors in product description or pricing information, technical or technological
problems, delivery location not being
serviceable by Rich Vision India and/or problems identified in relation to credit /
debit fraud. In the event of
cancellation of an order, or part thereof, You shall be notified of such cancellation.
Any amount deducted from Your
credit/debit card for such order shall be refunded to that particular credit or debit
card account within fifteen (15)
working days.
Electronic Communications
When you send e-mails to Us, You understand and agree that You are communicating with Us
through electronic
records. You agree to receive communications, including periodic newsletters, via
electronic records by Rich Vision
India, as and when required. You agree that all agreements, notices, disclosures and
other communications that we
provide to You electronically satisfy any legal requirement that is required of such
communication in writing. You
undertake to maintain Your e-mail address for all communications with Rich Vision India.
If Rich Vision India is
desirous of communicating with You, it shall send it to the e-mail address provided and
updated by You and it shall be
deemed to have been received by You once it is reflected as sent in the outbox of Rich
Vision India’s e-mail ID.
You agree and confirm:
- 1. That You will use the Services rendered by Rich Vision India for lawful purposes
only. By accepting this User
Agreement and using the Website and Services, You agree to be in full compliance
with all the applicable laws, rules,
regulations and guidelines.
- 2. That you are a resident of India, holding a permanent account number ("PAN") in
India.
- 3. That You are solely responsible for not receiving the product or any
inconvenience or delay caused thereto, on
account of Your inaccuracy or mistake, including but not limited to You providing us
with a wrong name or address or
any other wrong information. Any losses incurred by Rich Vision India as a result of
such inaccuracy or mistake may
be claimed from You including cost of the courier agency and any other costs
incurred.
- 4. That You will not interfere with the proper working of the Website or any
Services related thereto, or with any other
person’s right to use this Website.
- 5. That You are accessing this Website and transacting at Your sole risk and are
using Your best and prudent judgment
before entering into any transaction through this Website including in relation to
usage of the product etc.
- 6. That you shall be responsible for checking product description and other related
information before placing an
order. By placing an order for a product You agree to be bound by the conditions of
sale included in the products
description.
Use of Website
You shall not use or assist any other person to use this Website
for the
following purposes:
- 1. Disseminating, whether in electronic or non-electronic form, any unlawful,
harassing, libellous, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- 2. Transmitting material that encourages conduct that constitutes a criminal
offence, results in civil liability or
otherwise breaches any relevant laws, regulations or code of practice;
- 3. Breaching any applicable laws;
- 4. Accessing, reproducing, distributing, broadcasting, displaying, storing
electronically or otherwise, transmitting any
content on this Website or part thereof, including but not limited to the products
sold on the Website and intellectual
property rights that are owned or controlled by Rich Vision India, for any unlawful
use and/or selling such acquired
content for a commercial gain, without Our prior written consent;
- 5. Accessing or attempting to access any account other than Your User Account or any
other computer system;
- 6. Using or attempting to use any engine, software, tool, agent or other device or
mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to manipulate
the software on this Website; and/or
- 7. Gaining or attempting to gain unauthorized access to any part or feature of the
Website or any other systems or
networks connected to the Website or to any server, computer, network, or to any of
the services offered on or through
the Website, by hacking or any other illegitimate means.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India
and the courts at Maharashtra
shall have the sole and exclusive jurisdiction to entertain any disputes that may arise
hereunder, subject to the dispute
resolution mechanism in the succeeding paragraph.
Dispute Resolution Mechanism
In the event of a dispute between Rich Vision India and a Registered User arising out of
this User Agreement, the
dispute shall be referred to the Distributor Services Department. If the dispute is not
resolved within 30 days, the
matter shall be referred to the compliance department of Rich Vision India. The
compliance department shall review
the dispute and after providing an equal opportunity to both parties, make a final
decision.
Reviews, Feedback, Submissions
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed,
submitted or offered to Rich
Vision India on or through this Website, any blog, Facebook, Twitter or any other such
social media or networking
platform or otherwise disclosed, submitted or offered in connection with Your use of
this Website or purchase of the
products (collectively, the "Comments") shall be and remain the property of Rich Vision
India. Such disclosure,
submission or offer of any Comments shall constitute an assignment to Rich Vision India
of all worldwide rights,
titles and interests in all copyrights and other intellectual property rights in the
Comments. Thus, Rich Vision India ect
owns exclusively all such rights, titles and interests and shall not be limited in any
way in its use, commercial or
otherwise, of any Comments. Rich Vision India shall be entitled to use, reproduce,
disclose, modify, adapt, create
derivative works from, publish, display and distribute any Comments You submit for any
purpose whatsoever, without
restriction and without compensating You in any way. Rich Vision India is and shall be
under no obligation: (1) to
maintain any Comments in confidence; (2) to pay You any compensation for any Comments;
and/or (3) to respond to
any Comments. You agree that any Comments submitted by You to this Website, any blog,
Facebook, Twitter or any
other such social media or networking platform or disclosed otherwise shall not violate
this policy or any right of any
third party, including copyright, trademark, privacy or other personal or proprietary
right(s), and shall not cause injury
to any person or entity, including Rich Vision India. You further agree that no Comments
submitted by You to this
Website shall be or contain libelous or otherwise unlawful, threatening, abusive or
obscene material, or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass
mailings or any form of "spam".
Rich Vision India may not regularly review your Comments, but does reserve the right
(but not the obligation) to
monitor and edit or remove any Comments. You grant Rich Vision India the right to use
the name that You submit in
connection with any Comments. You agree not to use a false e-mail address, impersonate
any person or entity, or
otherwise mislead as to the origin of any Comments You submit. You are and shall remain
solely responsible for the
content of any Comments you make and You agree to indemnify Rich Vision India for and
against all claims resulting
from any Comments You submit. Rich Vision India takes no responsibility and assume no
liability for any Comments
submitted by You or any third party.
Copyright & Trademark
You agree and confirm that:
- 1. All copyright, database right and all other proprietary rights, title and
interest in all content presented on this
Website (including but not limited to the graphical images, text, video clips,
reprographics, sounds, demos, patches
and other files) ("IP") is owned by and/or licensed to Rich Vision India or owned by
and/or licensed to the
manufacturer of the products and is or may be protected or covered by copyright,
trade mark, intellectual property law
and/or other proprietary rights, unless expressly stated otherwise.
- 2. No extracts of this Website or part thereof shall be displayed, printed or
downloaded by You or with Your
assistance, for any reason, including without limitation to commercialise any IP in
any way.
- 3. Your use of the Services or this Website does not confer on You or any other
party, any licence or other rights
under the intellectual property or other proprietary rights of Rich Vision India,
the manufacturer of the products and/
or any third party, whether implied or otherwise.
- 4. Rich Vision India shall not be held liable for any claims relating to
infringement of any intellectual property rights
in relation to the products and/or their content.
Objectionable Material
You agree to use this Website and the Services at Your sole risk and that to the fullest
extent permitted under
applicable law, You agree to waive, any legal or equitable rights or remedies You may
have against Rich Vision India
against the Services that may be deemed inaccurate, offensive, indecent, or
objectionable to You.
Indemnity
By accessing this Website, You agree to defend, indemnify and hold harmless, Rich Vision
India, its employees,
directors, officers, agents and successors and assigns from and against any and all
claims, liabilities, damages, losses,
costs and expenses, including attorney’s fees, caused by or arising out of claims based
upon your actions or inactions,
which may result in any loss or liability to Rich Vision India or any third party
including but not limited to breach of
any warranties, representations or undertakings or in relation to the non-fulfillment of
any of Your obligations under
the User Agreement or arising out of your violation of any applicable laws, regulations
including but not limited to
infringement of intellectual property rights, non-payment of statutory dues and taxes,
claims of libel, defamation,
violation of rights of privacy or publicity, delay, misrepresentation or misinformation
or loss. This clause shall survive
the expiry or termination of the User Agreement.
Suspension and Termination
Without prejudice to any other right, Rich Vision India has the right, at its sole
discretion, to terminate Your
registration or restrict, suspend or block Your access to certain parts of the Services
if there is a breach of the terms of
the User Agreement or if there are reasonable grounds to believe that You have breached
any of the terms under the
User Agreement or any other agreement that you may have entered into with Rich Vision
India or breach of any
obligations thereunder.
You understand that consequent to termination, You will not be allowed to access the
Services provided on the
Website, unless otherwise agreed or permitted in writing by Rich Vision India.
Limitation of Liability and Disclaimers
Rich Vision India has taken all measures to ensure that products available on this
Website are correct and of high
quality. We shall not be liable for any typographical error in the product description
or availability or for any technical
error which you may experience on this Website. Rich Vision India shall not be liable in
any form or manner
whatsoever for the products and the intellectual property rights in relation to the
products on this Website. This
disclaimer constitutes an essential part of the User Agreement.
To the fullest extent permitted under applicable law, Rich Vision India shall not be
liable for any indirect, incidental,
incidental, consequential or exemplary damages, including but not limited to, damages
for loss of profits, goodwill,
use, data or other intangible losses arising out of or in connection with this Website,
the Services, the use of the
products or the User Agreement. Without prejudice to the generality of the foregoing,
you agree that the total
maximum liability of Rich Vision India to You for all liabilities arising out of this
User Agreement, use of the
Website, the Service and/or the products, whether in tort or contract is limited to the
value of the product purchased by
You.
Entire Agreement
If any part of the User Agreement are 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 to be superseded by a valid, enforceable provision that most
closely matches the intent of the
original provision and the remainder of the User Agreement shall continue in effect.
Unless otherwise specified
herein, this User Agreement constitutes the entire agreement between you and Rich Vision
India in respect of the
Services. Rich Vision India’s failure to act with respect to a breach by You or others
does not waive its right to act
with respect to subsequent or similar breaches.
Personal Data
The Privacy Policy and additional provisions in this User Agreement govern use of Your
personal data.
Force Majeure
Rich Vision India shall not be held liable for any of its obligations under the User
Agreement due to reasons beyond
its control such as down time of servers, viruses, strikes, natural calamities, acts of
war, terror etc. You agree not to
hold Rich Vision India liable for any delay or adverse effect caused due to the
occurrence of such an event.
Changes to the User Agreement
Rich Vision India may at any time modify and/or amend the terms of this User Agreement
without any prior
notification to You. In the event of any such modification of or amendment to the User
Agreement, the latest revised
version of the User Agreement shall be posted on the Website and shall become effective
from the time of posting.
You must regularly review this User Agreement and in the event the modified or amended
terms and conditions of the
User Agreement are not acceptable to You, You should discontinue using the Service and
any other services offered
on and/or through this Website. Your continued use of the Services and/ or Website will
constitute Your acceptance of
the latest revised User Agreement.