These Terms and Conditions are a legal and binding agreement between you (“the Phone Shop 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 Phone Shop franchise 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 acceptance of the updated/revised Terms and Conditions. By accessing the website as well as application, you become the User and are also bound by the terms and conditions and other policies of Ayurshakha as defined herein the website. FURTHER, IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR PHONE SHOP FRANCHISE OWNER, YOU SHALL NOT REGISTER WITH THE APPLICATION OR COMPANY’S WEBISTE AS PHONE SHOP FRANCHISE OWNER.
The Registration and thereafter, an access to the website/ application shall be concluded as the consent of the above defined terms and conditions.
1. Definitions; The following words and expressions shall have the following meanings, save where the context otherwise requires:
a) "Commencement Date" shall means the date on which this Agreement is entered into or unless otherwise agreed.
b) “Territory” means the whole territory of India, excluding the state of Jammu and Kashmir.
c) “Products” includes Ayurvedic Products, Natural Products, Organic Products, or other product may or may not of the same or related nature, that are categorized in medications, wellness, life style, organic, food and beverages, weight loss, feminine and personal care categories.
d) “Generated Sales” means those orders which converts 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 a living organism—that is, found in nature and includes any substance produced by life.
f) “Organic Product” is the product of a farming system which avoids the use of man-made fertilisers, pesticides; growth regulators and livestock feed additives.
g) “Promo Code” shall means the combination of numbers or alphabets or shapes or figures in virtual or physical mode, that may pertain the specific discount or other offers for users, as issued by the ayurshakha company.
2. PHONE SHOP FRANCHISE:
By agreeing upon these terms and conditions as well as the terms and conditions of company, the individual herein appointed as the phone shop franchise owner of Company for the duration of One years. Further, individual also undertakes to disclose the true and correct personal information and other required details to company. Consideration: a) The Company shall assign the defined Intellectual Rights and may provide the Promotion or marketing support or other rights to the Phone franchise owner, which authorises the Second Party to work under the name or title as “Ayurshakha’s Phone Shop franchise owner”, against which the Second Party shall pay the first party an franchisee fee of Rs.1,000 (One Thousand Only) exclusive of goodsand service tax or any other tax as applicable in the territory of nation . However, for initial certain numbers of franchise, Company may offer free gift worth Rs.699 or 899, which cannot be sold and are in addition to the franchisee benefits. The franchise fee is a onetime non refundable amount that is required to pay at the time of executing this agreement. b) The franchise owner may sell the products through counter sale or on business to business model, wherein the franchise owner is eligible to purchase theproducts of various brands as available on the portal of Company, at a margin that may vary between 10 to 100 percent. However any counter sale of products is subject to the consent and approval of dealer or manufacturer of product/brand or ayurshakha. Phone franchisee owner shall get an amount equal to Rs.200 on reference and conversion of the other franchisee, wherein on renewal of referred franchisee, the original phone shop franchisee shall get an amount equal to Rs.100. Besides, Company may offer certain amount of income for every profit earned through the sale of products, purchased by the customer post utilization of the ayurshakha app via code assigned to the phone franchise owner. Further, such association assigns the second party right to work as the franchise operator of the company and such association doesn’t allow or gives any right to second party to represent as the employee or management member of the Company.
3. The franchise shall put best efforts to generate the sales through organized and effective usage of promotional activity of promo code. Further, any sales generated through the promo codes, shall entitled the associate to earn an income or amount equal to 1to 10 percent or above (based upon the product purchase) of the purchase made through the execution of assigned promo code.
4. 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 “Phone Shop 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.
5. Force Majeure Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's
reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone
connections or power failure, fire or floods.
6. Intellectual Property Rights The “Company” expressly authorises the “Phone Shop franchise owner” to use company’s trade marks/copy rights/ designs /logos and other intellectual property owned and or licensed by it for the purpose of Promotion,
marketing and generating sales. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor
the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or
7. Confidentiality: The contents of the agreement and any information passed on by the Company to the franchise owner is highly confidential in nature and the franchise owner agrees and undertakes to maintain the confidentiality of the information and
user/customer data disclosed, generated or made available to “franchise owner” under this Agreement. The said information shall not be used by the “franchise owner” or its agents, servants, representatives or any person acting through or claiming through the
“franchise owner” for any purpose other than for the performance of its obligations under this Agreement. The franchise owner agrees that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury, the degree
of which may be difficult to ascertain. Accordingly, franchise owner agrees that the Company shall have the right to obtain an immediate injunction from any court of law ensuing breach of this Agreement and/or disclosure of the Confidential Information. The
Company shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.
8. Termination and effects of Termination This agreement is valid for the period of One year and may be renewed as per company 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/ franchise, the agreement shall be terminated. This agreement may be terminated by the Company within One 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.
9. Jurisdiction, Governing law, Arbitration, and ex-parte Orders This agreement is subject to exclusive jurisdiction of competent Courts of law at Chandigarh only. The laws of Republic of India, as are in force, shall be applicable to present agreement. 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 and Conciliation Act”. The Company is entitled to obtain ex-parte ad- interim injunction orders restraining the
franchise owner to prevent any loss/anticipated loss either in material terms or in terms of intellectual property or causing damage/loss/harm to reputation/goodwill of the Company by the Ayurshakha’s phone shop franchise owner, its representatives,
associates or assigns.