DIRECT SELLER / DSA TERMS & CONDITIONS
1. DEFINITIONS
For the purpose of these Terms and Conditions:
1.1 .“Company” means Nutriment Hope Pvt. Ltd. (NHPL).
1.2. “DSA / Direct Seller” means a person who is duly registered and authorized by NHPL to undertake direct selling activities in accordance with the agreement, policies and applicable laws.
1.3. “DSA ID” means the unique identification number allotted by NHPL to an approved Direct Seller.
1.4. “Consumer” means a person who purchases goods or services from the Company for consideration for personal use and not for resale, as applicable under law.
1.5 . “Company Rules/Policies” means the rules, policies, procedures, Code of Conduct, compensation plan, product policies and other guidelines issued by NHPL from time to time, subject to applicable law.
2. ELIGIBILITY
2.1 A person applying to become an NHPL Direct Seller shall provide true, complete and accurate information and documents as required by the Company.
2.2 The applicant shall comply with applicable KYC, PAN, identity verification and other legal requirements.
2.3 NHPL may verify the information and documents submitted by the applicant before approving or activating the DSA ID.
2.4 No person shall represent himself/herself as an authorized NHPL Direct Seller unless the DSA ID has been duly approved and activated by NHPL.
3. ACCURACY OF INFORMATION
3.1 The Direct Seller shall ensure that all information and documents submitted to NHPL are true, accurate, complete and up to date.
3.2 Any false information, fraudulent document, impersonation, material misrepresentation or concealment of relevant information may result in appropriate action by NHPL, subject to applicable law and Company Rules/Policies.
4. ASSOCIATION WITH OTHER DIRECT SELLING COMPANIES
4.1 During the validity of an NHPL DSA ID, the Direct Seller shall comply with NHPL’s applicable policies relating to association with other direct selling or network marketing entities.
4.2 Where prohibited under NHPL’s applicable Company Rules/Policies, a Direct Seller shall not directly or indirectly participate in, promote, represent, operate, manage, recruit for, solicit for or otherwise undertake business activities for another competing direct selling/network marketing entity.
4.3 If NHPL receives information or evidence indicating a possible violation of this clause, including documentary evidence, electronic evidence, digital evidence, communication records or any other legally permissible evidence, NHPL may conduct an appropriate review or investigation.
4.4 Based on the facts and circumstances and subject to applicable law, NHPL may take appropriate action, including temporary suspension, blocking, deactivation or termination of the DSA ID.
4.5 NHPL may communicate such action through registered email, SMS, WhatsApp, written communication or any other official communication channel available with the Company.
4.6 Where immediate action is reasonably necessary to protect consumers, the Company, its systems, records or other Direct Sellers, NHPL may take interim action before providing prior notice, subject to applicable law and the Direct Seller’s applicable rights.
5. SIX-MONTH INACTIVITY / DSA ID DEACTIVATION
5.1 If there is no qualifying purchase/repurchase activity associated with a DSA ID for a continuous period of six (6) months, the DSA ID may be classified as inactive or deactivated by NHPL.
5.2 The minimum qualifying purchase/repurchase required for maintaining an active DSA ID shall be as prescribed under the prevailing Company Rules/Policies from time to time.
5.3 NHPL may revise the qualifying purchase/repurchase criteria in accordance with its prevailing Company Rules/Policies and applicable law.
5.4 Deactivation under this clause shall not, by itself, extinguish any rights or obligations that have already accrued under applicable law, contract or Company Policy.
5.5 A deactivated DSA ID may be reactivated only in accordance with the prevailing reactivation policy of NHPL and applicable law.
5.6 Nothing in this clause shall be interpreted as requiring a Direct Seller or Consumer to purchase goods merely for the purpose of earning income, rank, commission or maintaining a position where such requirement is inconsistent with applicable law.
6. PAN-BASED MULTIPLE DSA ID POLICY
6.1 Subject to applicable law, KYC requirements and Company Rules/Policies, a maximum of three (3) DSA IDs may be permitted against one PAN.
6.2 The first DSA ID registered against the PAN shall be treated as the Primary DSA ID.
6.3 The second and third DSA IDs, if approved by NHPL, may be placed only within the permitted genealogy/network of the Primary DSA ID.
6.4 The second and third DSA IDs shall not be placed directly under any Upline, Cross-line or outside the permitted genealogy/network of the Primary DSA ID.
6.5 The placement of additional DSA IDs shall not be used for manipulation of genealogy, rank, incentives, commissions, benefits or any other Company entitlement.
6.6 All DSA IDs shall remain subject to applicable KYC, compliance, transaction and Company Rules/Policies.
7. ACCOUNT SECURITY AND RESPONSIBILITY
7.1 The Direct Seller shall keep his/her DSA ID, password, OTP, login credentials and other account information confidential.
7.2 The Direct Seller shall be responsible for activities carried out through his/her authorized account, except where liability is otherwise determined under applicable law.
7.3 The Direct Seller shall immediately inform NHPL of any suspected unauthorized access, misuse or security breach.
8. USE OF COMPANY NAME, LOGO AND MATERIALS
8.1 The Direct Seller shall use the NHPL name, logo, trademarks, product information, photographs, videos and promotional materials only in accordance with Company Rules/Policies.
8.2 No Direct Seller shall falsely represent himself/herself as an employee, director, legal representative or authorized agent of NHPL unless expressly authorized by the Company.
8.3 No Direct Seller shall alter, modify or publish Company materials in a false, misleading or deceptive manner.
9. PRODUCT, HEALTH AND INCOME CLAIMS
9.1 A Direct Seller shall provide consumers only such product information, benefits, pricing and other representations as are officially approved or permitted by NHPL and applicable law.
9.2 A Direct Seller shall not make false, misleading, exaggerated, deceptive or unsubstantiated claims regarding any product or service.
9.3 No Direct Seller shall make unauthorized medical, therapeutic, disease-treatment or cure claims regarding any product.
9.4 No Direct Seller shall make false, guaranteed or misleading income, earnings, lifestyle, rank or financial-success claims.
9.5 Any representation regarding income or business opportunity shall be truthful, non-misleading and consistent with approved Company materials and applicable law.
10. COMPLIANCE WITH DIRECT SELLING LAWS AND COMPANY POLICIES
10.1 Every Direct Seller shall comply with the Consumer Protection Act, 2019, the Consumer Protection (Direct Selling) Rules, 2021, amendments thereto and all other applicable laws, rules and regulations.
10.2 The Direct Seller shall comply with NHPL’s Code of Conduct, compensation plan, product policies, refund/return policies, grievance procedures and other applicable Company Rules/Policies.
10.3 No Direct Seller shall engage in any activity prohibited under applicable law, including pyramid scheme or money circulation scheme activities.
10.4 The Direct Seller shall conduct business in a fair, transparent and ethical manner and shall not use misleading, unfair or deceptive practices.
11. ORDERS, SALES AND CONSUMER TRANSACTIONS
11.1 Products shall be sold or supplied in accordance with NHPL’s approved product, pricing and order procedures.
11.2 A Direct Seller shall not provide consumers with false or misleading information regarding product price, availability, quality, characteristics, benefits, refund, return or any other material term.
11.3 All consumer transactions shall comply with applicable consumer protection requirements and NHPL’s applicable policies.
11.4 A Direct Seller shall not collect money from consumers by misrepresentation or through unauthorized means.
12. REFUND, RETURN AND CONSUMER RIGHTS
12.1 Returns, refunds, cancellations, cooling-off rights, buy-back or other rights of Consumers and Direct Sellers shall be governed by applicable law and NHPL’s applicable policies.
12.2 Nothing in these Terms and Conditions shall be interpreted as restricting any mandatory statutory right available to a Consumer or Direct Seller under applicable law.
13. COMMUNICATION AND ELECTRONIC RECORDS
13.1 NHPL may communicate with the Direct Seller through registered email, mobile number, SMS, WhatsApp, website, application, dashboard or other official electronic communication channels.
13.2 Electronic records, communications, confirmations and transactions may be maintained by NHPL in accordance with applicable law.
13.3 The Direct Seller shall keep his/her registered contact details updated with NHPL.
14. PRIVACY AND PERSONAL DATA
14.1 NHPL may collect, use, store and process personal information of Direct Sellers and Consumers to the extent necessary for account administration, KYC, transactions, customer service, compliance, legal obligations and other lawful business purposes.
14.2 NHPL shall handle personal information in accordance with applicable privacy and data-protection laws and its applicable Privacy Policy.
14.3 A Direct Seller shall not misuse, sell, disclose or unlawfully share personal information of Consumers, prospects or other Direct Sellers.
15. INTELLECTUAL PROPERTY
15.1 All trademarks, logos, brand names, website content, software, designs, photographs, videos, documents and other intellectual property belonging to NHPL or its licensors shall remain their respective property.
15.2 No Direct Seller shall reproduce, modify, distribute, publish or commercially use such intellectual property without appropriate authorization.
16. SUSPENSION, BLOCKING OR TERMINATION
16.1 NHPL may suspend, block, deactivate or terminate a DSA ID where the Direct Seller:
(a) violates these Terms and Conditions;
(b) violates applicable law or regulatory requirements;
(c) provides false or misleading information;
(d) engages in fraud, misrepresentation or unauthorized activities;
(e) violates applicable Company Rules/Policies;
(f) engages in prohibited activities relating to another direct selling/network marketing entity contrary to applicable Company Policy;
(g) makes prohibited, false or misleading product or income claims; or
(h) engages in conduct that materially affects Consumers, the Company or the integrity of the NHPL network.
16.2 Where appropriate and required by applicable law or Company Policy, NHPL may provide notice and/or an opportunity to respond before taking final action.
16.3 In circumstances requiring immediate protective action, NHPL may temporarily suspend or restrict access pending review, subject to applicable law.
17. INDEMNIFICATION
To the extent permitted by applicable law, a Direct Seller shall be responsible for losses, claims, liabilities or expenses arising from his/her unauthorized, fraudulent, misleading or unlawful acts or violations of these Terms and Conditions, Company Rules/Policies or applicable law.
This clause shall not exclude or limit any liability that cannot lawfully be excluded or limited.
18. FORCE MAJEURE
NHPL shall not be responsible for delay or failure in performing its obligations to the extent caused by circumstances beyond its reasonable control, including natural disasters, government actions, war, civil disturbance, epidemic/pandemic, technical failures, communication failures, cyber incidents or other events of force majeure, subject to applicable law.
19. GOVERNING LAW AND JURISDICTION
19.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
19.2 Any dispute shall be dealt with in accordance with applicable Indian law and NHPL’s applicable grievance/dispute-resolution procedures.
19.3 Nothing in these Terms and Conditions shall restrict any mandatory statutory remedy or jurisdiction available to a Consumer or other person under applicable law.