free site maker

Agreement

Agreement

“Agreement” means the completely filled Application Form, Contract / E-contract along with the Terms & Conditions mentioned on the website www.kmpl.biz and that was accepted by an Independent Distributor and subsequently by KMPL. The terms and conditions mentioned in website www.kmpl.biz is to be read part and parcel of application form and is accepted by the Independent Distributor/customer;
“Business” means the direct selling business and the KMPL Business Plan;
“Business Entity” means person other than natural person, which law recognizes.
“Business Plan” means the system followed and formulated by KMPL from time to time, to compensate its Independent Distributors and Direct Sellers which illustrates the mode of sharing of Compensation, profits and commission, including financial and non-financial benefits, paid by KMPL to its Independent Distributor on weekly, monthly or periodic or yearly basis, as the case may be and also includes its products and services;
“Buy Back Policy” means the policy of KMPL which provides 30 days period to its Customers and / or Independent Distributors to return the product. The goods need to be returned in marketable condition.
“Cooling Off Policy” KMPL Business Plan allows the Independent Distributor to cancel their participation/enrollment within a period of 30 days from the date of Contract signing and receive the refund of goods purchased on condition that the goods are of marketable condition;
“Customer” means any person buying a product on MRP from KMPL or its Independent Distributor;
“Direct Seller” means a person appointed or authorized, directly or indirectly, by KMPL through a legally enforceable written contract to undertake direct selling business on principal to principal basis.
“Genealogy” means the relationship or relative positioning of Independent Distributors in the KMPL database in relation to each other.
“Grievance Cell”/ “Complaints Redressal” means the officer/office provided by KMPL to redress the grievances and/or complaints of Independent Distributor or customers. The Independent Distributor/customer can register their complaints with the above cell.
“Independent Distributor” means An Independent Distributor(s) who satisfies the minimum Purchase requirement and agree to work with KMPL by accepting its Terms & Conditions, Policy and Procedures and the Business plan.
“Independent Distributor Identification Number” means the unique identification number that the KMPL assigns to an Independent Distributor when KMPL accepts and identifies that person as its Independent Distributor. This Independent Distributor Identification Number may be an Alpha – Numeric figure or such other identification to distinguish one Independent Distributor from other.
“Introducer” means an Independent Distributor who introduces Customers or other Independent Distributors by helping/training them to become Independent Distributors of KMPL.
“KMPL Guarantee” KMPL offers 100% guarantee to its Customers and / or Independent Distributors on Product Quality by offering 30 day Buy Back and Cooling off Period and to receive the refund of goods purchased on condition that the goods are of marketable condition;
“Non-Active Independent Distributor” means an Independent Distributor who has not purchased any product from KMPL within a period of 6 months consecutively from the date of his/her registration.
“Prospective customer/Independent Distributor” means a person to whom an offer or a proposal is made or to be made by the Independent Distributor to know more about the KMPL and its business plan;
“Team Downline” means the Customers / Independent Distributor below a specific Independent Distributor respectively in the Genealogy as the context requires and registered in the KMPL database;
“Team Upline” means the Independent Distributors above a specific Independent Distributor respectively in the Genealogy, as the context requires and registered in the KMPL database;
“Terms & Conditions” means the whole of terms and conditions as depicted herein, policy and procedures of KMPL;
“Products” mean any products and/or includes services, unless the context otherwise requires;
“Website” means the official website of KMPL i.e, www.kmpl.biz

2.a Independent Distributor should carry their identity proof (Identity Card / Welcome Letter) and visit the prospective Independent Distributor’s/customer’s premises with prior appointment / approval only;
2.b At the initiation of a sales, without request, truthfully and clearly the Independent Distributor should identify themselves, the identity of KMPL, the nature of the goods or services offered and/or sold by KMPL on its website and the purpose of the solicitation to the prospective consumer/Independent Distributor;
2.c Offer a prospective consumer / Independent Distributor the accurate and complete explanations and demonstrations of goods and/or services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service and business plan of KMPL;
2.d Any Independent Distributor(s) who introduces another Independent Distributor(s) into KMPL shall train the new Independent Distributor(s) under him/them in product and/or service of KMPL its knowledge, effective sales techniques, the Business Plan, and the Policies and Procedures. Independent Distributor(s) must also supervise and monitor Independent Distributor(s) in their team downline to ensure that they conduct and follow business plan in professional and ethical manner, promote sales properly, and provide quality customer service. As an Independent Distributor(s) progresses through the various Levels of leadership, his / her responsibilities to train and motivate team downline Independent Distributor(s) will increase;
2.e Provide the following information to the prospect Independent Distributor/consumers at the time of sale/introduction, namely:
2.e.1 Name, address, registration number or enrollment number, identity proof and telephone number of the Independent Distributor and details of KMPL;
2.e.2 A description of the goods and/or services to be supplied;
2.e.3 Explain about the Goods Return Policy / Buy Back Policy of KMPL in the detail before the transaction;
2.e.4 The Order date, the total amount to be paid by the prospect Independent Distributor/consumers along with the bill and receipt;
2.e.5 Time and place for inspection of the sample and delivery of goods and/or services;
2.e.6 Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail refund on sums paid;
2.e.7 Details regarding the complaint redressal mechanism;
2.e.8 Explain Cooling Off period in which he / she can cancel the participation and receive refund of the goods purchased.

3.a How to become a KMPL Independent Distributor
3.a.1 To become an Independent Distributor of KMPL, the individual must be an Indian citizen. He / she must have attained the minimum age of 18 years and of sound mind, and should be competent to enter into a contract as provided in the Indian Contract Act 1872 on the date of enrollment. Necessary proof thereof should be submitted as and when required by KMPL.
3.a.2 Prospective Independent Distributor should bear a good moral character and should not have any past or present criminal record.
3.a.3 People who want to be a Independent Distributor of KMPL must fill and submit the Registration Form along with self-attested KYC documents as required by KMPL, from time to time.
3.a.4 Registration in KMPL is 100% free.
3.a.5 KMPL reserves the right to accept or reject any application / Registration Form without having to give any explanation whatsoever.
3.a.6 Once the prospective customer/Independent Distributor gets registered with KMPL, KMPL allots a Unique Code (Independent Distributor Identification Number) which allows the Independent Distributor to purchase and sell products and/or services as an Independent Distributor.
3.a.7 KMPL shall allot Identification number on Legitimate PAN Information, if not then the stipulated Law of the land shall be applied.
3.a.8 KMPL will distribute one Independent Distributor identification number for one PAN card only.
3.b How to introduce a new Customer / Independent Distributor
3.b.1 Independent Distributor should carry their identity proof (Identity Card / Welcome Letter) and visit the prospective customer/Independent Distributor’s premises with prior appointment / approval only.
3.b.2 At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the KMPL, the nature of the goods or services sold by KMPL and on website and the purpose of the solicitation to the prospective consumer/Independent Distributor.
3.b.3 Offer the prospective consumer/Independent Distributor accurate and complete explanations and demonstrations of goods and services, prices, terms of payment, return policies, terms of guarantee, after-sales service and terms and conditions of KMPL.
3.b.4 Any Independent Distributor who introduces another Independent Distributor(s) into KMPL shall train the new Independent Distributor(s) in product knowledge, effective sales techniques, the Business Plan, and the Policies and Procedures of KMPL. Independent Distributor must also supervise and monitor Independent Distributor(s) in their team downline to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As an Independent Distributor progresses through the various Levels of leadership, his/her responsibilities to train and motivate team downline will increase.
3.b.5 The Independent Distributor shall provide to the prospective customer/Independent Distributor the Name, address, registration number or enrollment number, identity proof and telephone number of the Independent Distributor and details of direct selling entity; the complete description of the goods or services to be supplied; the Goods Return Policy/Buy Back Policy of KMPL in detail before the transaction; The Order date, the total amount to be paid along with the bill and receipt; Time and place for inspection of the sample and delivery of goods; Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail refund on sums paid; Details regarding the complaint redressal mechanism; and Explain Cooling Off period in which he / she can cancel the participation and receive refund of the goods purchased.
3.c Business Entity
3.c.1 For persons other than natural person to become Independent Distributor, it shall be mandatory to produce all legal documents along with stockholder details for applying legal entity (Proprietor / Partnership / HUF). They shall be submitted within ten (10) days from the date of application to the KMPL Corporate office. Failure to produce such documents may cause the application to be rejected, summarily. It is the responsibility of those persons involved in the Business Entity to conform to the laws of the state in which their Entity is formed. KMPL reserves the sole right to approve or disapprove any Independent Distributor application and agreement submitted by a Business Entity.
3.c.2 In the event of any changes in ownership or nature of said business entity, it shall immediately be informed to KMPL and the KMPL reserves the sole right and discretion to terminate or confirm their Independent Distributorship. Moreover, the said entity shall provide requisite documents/proof to KMPL in respect of change and KMPL shall have the exclusive right either to accept or decline the same.
KMPL cannot divide a Team downline structure, nor can it divide the payout cheque between the joint owners unless otherwise agreed to in writing by KMPL.
3.d Submission of duplicate/multiple Independent Distributor Application Forms
If a prospective customer/Independent Distributor submits multiple Independent Distributor application forms with or without different Introducers, only the first completed application received by KMPL will be accepted. If any fraud or misrepresentation is detected in such case KMPL reserves the exclusive right to reject such application.
3.e Independent Distributor’s Introducers
For prospective Customer/Independent Distributor of KMPL who later applies to become an Independent Distributor, his / her last Introducer for his / her purchase shall also be his / her Introducer of his / her Independent Distributorship, unless the Customer’s last purchase from KMPL was more than six (6) months before his / her Independent Distributor application and that in his / her application he / she states another Independent Distributor as his / her Introducers.
3.f Acceptance
Once KMPL accepts an applicant’s Independent Distributor Application Form, KMPL will grant to the applicant an Independent Distributor status within the KMPL Business Plan. KMPL will give the Independent Distributor an Independent Distributor Identification Number and shall include his / her Independent Distributor Identification Number in all his / her orders and correspondences with KMPL in future references.
3.g Fictitious or assumed name
A person or entity may not apply as an Independent Distributor using a false, fictitious or assumed name.
3.h Refund and Buy Back Guarantee
Refund and Buy Back Guarantee shall be applicable to the products bought by the Customers and / or Independent Distributors accordingly to the KMPL Policy & Procedures Manual (KMPL) found online in the official website, which apply accordingly to them.

An Independent Distributor is an independent representative having the rights and obligations conferred by the KMPL along with the details mentioned in the KMPL Business Plan to use & refer the products and services of KMPL.
4.a Right to Introduce
New Independent Distributor can only be enrolled by existing Independent Distributor of KMPL and who is enjoying the benefits under the KMPL Business Plan for doing so. The new Independent Distributor shall be supplied with details of the KMPL business plan and an Independent Distributor Application Form with Contract.
4.b Relation of Independent Distributor with KMPL
An Independent Distributor is not a franchisee, partner, and employee of KMPL. He / she has no right to, and shall not, represent himself / herself as such. The relationship between a Independent Distributor and the KMPL is wholly governed by written agreement with KMPL. Any breach of this agreement on the part of the Independent Distributor will be considered as a serious breach of terms and conditions and may result in the immediate termination of his / her Independent Distributorship.
4.c No right to enter into contract/agreement for and on behalf of KMPL
An Independent Distributor has no right to negotiate or conclude any contract or agreement on behalf of KMPL. Nor shall he / she hold himself / herself out as having such a right. Independent Distributor shall not represent himself/herself of having any right to enter into contract or agreement with third parties nor shall enter into the same. KMPL reserves such right to itself and shall not be bound in such representation or entering into of contract or agreement by any Independent Distributor. In the event such fraud or misrepresentation coming to the knowledge of the KMPL, KMPL reserves the right to terminate the Independent Distributorship of such person without further notice to the said Independent Distributor.
4.d No employee-employer relationship
An Independent Distributor is not an employee of KMPL, any costs he / she incur in the development of his / her business are at his / her own expenses. He / she shall not be entitled to seek reimbursement from KMPL.
4.e KMPL literatures, communication and participate in functions
Independent Distributors may receive periodic literature and other communication from KMPL. They will also be invited to, and upon payment of appropriate charges if applicable, participate in KMPL sponsored support, service, training, motivational and recognition functions. They may also be invited to participate in promotional and incentive contests and programs sponsored by KMPL for its Independent Distributors. Independent Distributors shall not provide any literature or communication or training material not issued by KMPL to a prospective and / or existing KMPL Independent Distributor. Independent Distributor shall not encourage prospective or existing Independent Distributor to purchase any literature or training materials or sales demonstration equipment.
4.f unfair trade practices
4.f.1 Independent Distributor shall not use misleading, deceptive and / or unfair trade practices.
4.f.2 Independent Distributor shall not use misleading, false, deceptive, and / or unfair introducing practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective customer/Independent Distributor, in their interaction with prospective customer/Independent Distributor.
4.f.3 Independent Distributor shall not make any factual representation to a prospective customer/Independent Distributor that cannot be verified or make any promise that cannot be fulfilled.
4.f.4 Independent Distributor shall not present any advantages of Direct Selling to any prospective customer/Independent Distributor in a false and / or a deceptive manner.
4.f.5 Independent Distributor shall not knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation or KMPL, including remuneration program and agreement between KMPL and the Independent Distributor, or the goods and / or services being sold by such Independent Distributor which are false and / or misleading.
4.f.6 Independent Distributor shall not require or encourage Independent Distributor introduced by the first mentioned Independent Distributor to purchase goods and / or services in unreasonably large amounts.
4.g Legal compliance
Independent Distributors shall comply with all laws, statutes, regulations and ordinances concerning their operation prevailing in the state in which they are conducting their business.
4.h Book of Accounts
An Independent Distributor shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods and/or services sold by him / her, in such form as per applicable law and in conformity with procedures contemplated by KMPL.
4.i Tax, expenditures, etc.
Independent Distributor is personally responsible for paying local, state and central government taxes (Wherever Applicable) on any income they generate as Independent Distributor. It is mandatory for Independent Distributor to pay GST once the Independent Distributor crosses the GST threshold. TDS (Tax deduction at Source) or any other mandatory obligation under the laws in India shall be borne by the said Independent Distributor. Any tax or procedure contemplated by law payable or chargeable on the Independent Distributor shall be complied as per the law by the Independent Distributor. The KMPL reserves the right to deduct TDS (tax deducted at source), as applicable rates stipulated by Government, before disbursement of the same to Independent Distributor. The profit payable to the Independent Distributor shall be paid by the KMPL after deducting TDS. TDS certificate will be issued to Independent Distributor only after the Independent Distributor has complied with all the KYC documentation including copy of his PAN card (permanent account number card). Any individual operating a business is required to obtain a Permanent Account Number from the income Tax Department when their earnings become taxable under the Indian income Tax Act. Please consult your tax advisor for rules and details as Tax laws will change from time to time. It is mandatory for all Independent Distributor to provide their PAN number details. KMPL will collect and remit sales taxes on behalf of Independent Distributor at the maximum retail price according to applicable tax rates to which the products and/or service is destined.
4.j workmen’s compensation claims
KMPL is not responsible for payment or co-payment of any employee benefits for its Independent Distributor/s. Independent Distributor is responsible for their own liability, health, disability and workmen’s compensation insurance, etc. which may arise.
4.k Non-exclusivity
An Independent Distributor has a no exclusive right to market and promote products of KMPL. There are no geographical limitations existing on the referring or selling country and/or state. But KMPL reserves the right not to sell or restrict the selling or circulation of products or services in any states, territories or countries and its compliance is the duty of the Independent Distributor.
4.l Obligations to team downlines
Independent Distributor who introduces and maintains another Independent Distributor to KMPL is highly recommended to perform a bona fide background check, assistance and training function to ensure that his / her team downline is properly operating and conducting their Independent Distributor business. It is to the advantage of both Independent Distributor and their team downlines to have ongoing contact and communication. Independent Distributors must truthfully and fairly describe the KMPL Business Plan to its downline or its prospective Independent Distributor. No past, potential or actual income claims may be made to prospective Independent Distributor. Independent Distributor shall not use their own income, or other Independent Distributor’s incomes, as indication of the success assured to others. Income statements of Independent Distributor shall not be used as marketing materials. Independent Distributor shall not guarantee Income or estimate expenses to prospective customer/Independent Distributor and their team downline.
4.m Cross Lining
Independent Distributor shall not introduce or attempt to introduce another Independent Distributor from a different team downline to his team downline. Independent Distributor shall not introduce, attempt to introduce, or knowingly assist another person to introduce, another Independent Distributor or any person into any other team downline. In addition, no Independent Distributor shall participate in any action or omission knowing that such participation cause loss, harm or injury to another independent distributor. Independent Distributor is strictly prohibited from promoting any competitive services, products and / or business programs other than KMPL. At KMPL functions, or on all KMPL property, no Independent Distributor shall solicit any person to join any other network marketing company or involve the sale of products of any other network marketing company. Breach of any part of this clause is a serious breach of the KMPL conditions and may lead to the immediate suspension or even termination of the Independent Distributorship of the Independent Distributor who is at breach.
4.n Breach of security
Independent Distributor shall maintain responsibility towards the working and network integrity of KMPL and its business plan. Any Independent Distributor who is found ‘hacking’ into or interfering or tampering or copying with KMPL database or any part of the KMPL’s computer system (hardware and /or software) or attempting to do any of the aforesaid acts without the proper authorization of KMPL, shall be liable to immediate termination of his/her Independent Distributorship. Said Independent Distributor shall also be liable for all consequential damages and losses of KMPL, including termination of his Independent Distributorship.
4.o Obligation to KMPL
Independent Distributor shall at all times remain loyal to KMPL and shall not publish any written and/or verbal information/statement against the interest and goodwill of KMPL. Independent Distributor shall hold the KMPL management in high esteem at all times, failing which, Independent Distributor may get his Independent Distributorship terminated notwithstanding that he/she may also be liable for libel and/or slander.
4.p Transfer of Independent Distributorship
Unique Identification Numbers issued by KMPL are non-transferable unless duly signed request letter by said Independent Distributor which is attested KMPL and acted accordingly and appropriate change in KMPL database is made. Minimum it will take 48 to 72 Hours to transfer any Unique Identification Number. Without the written consent and approval from KMPL, Independent Distributor is not allowed to work or get associated with any other distributor or KMPL directly or indirectly and if found otherwise, KMPL reserves full right to terminate the same Independent Distributor without notice. If an active Independent Distributor wants to change his position, he has to be in standby for 6 month with an approval from KMPL. The transferring Independent Distributorship must be in good standing and not in violation of any of the terms of the Independent Distributor Agreement or Policies and Procedures, to transfer his / her Independent Distributorship. KMPL will not approve the transfer of a Independent Distributorship to any individual or Entity that is a current Independent Distributor or who has an ownership interest in any Independent Distributorship. Similarly, KMPL will not approve the transfer of an Independent Distributorship to any individual or Entity that has previously had any ownership interest in, or operated, a KMPL Independent Distributor. The No objection certificate (NOC) from the Introducer must be submitted. Remit Rs. 500/- (Rupees Five Hundred Only) in favor of KMPL towards the transfer processing fee shall be paid to KMPL, after confirmation and acceptance of same by KMPL . 

5.a Income Claims
No false or misleading income projections or claims may be made to prospective customer/Independent Distributor by the Independent Distributor, if such unethical projections are made by Independent Distributor; if made, it shall be the sole responsibility of such Independent Distributor and KMPL does not support or prompts the Independent Distributor to make such claims. KMPL firmly believes that income potentials are great enough to be highly attractive even when based in reality, without resorting to artificial and unrealistic projections.
5.b Product
Independent Distributor shall not make any claims regarding any therapeutic or curative effects of any KMPL products or services, except those which are officially approved in writing by KMPL or as contained in official literature. In particular, the Independent Distributor shall NOT make any statement / representation of any “guarantee” of cure or state that KMPL products are effective in treatment of any skin or hair or any disorder by giving or specifying any percentage (%) of cure. Such statements can be perceived as unfair trade practices, and as such, violate KMPL rules and regulations. Violation of this clause will result in immediate termination said Independent Distributor from Independent Distributorship.
5.c Representation of Status
In all Cases, any reference the independent distributor makes regarding himself / herself must clearly set forth the Independent Distributor’s Independent status.
5.d Business Cards & Stationary
Any printed material, including business cards and stationery, will be provided by KMPL. No Independent Distributor is authorized to print any business material on behalf of KMPL.
5.e Press Enquiries
Any inquiries by the media or press are to be referred immediately to KMPL. This policy is to ensure accuracy and a consistent public image. Any Press or media enquiry shall be referred to KMPL on email address info@lemart.co.in.
5.f Waiver
KMPL reserves the right to insist on compliance with these policy and procedures and/or with the applicable laws governing the conduct of a business in the state. This is consistent at all times, unless the same are officially published in writing or intimated to the Independent Distributor or published in official website of KMPL by KMPL. In addition, in the event of exoneration of breach of terms and conditions by KMPL is not by itself a permission for a breach of terms and conditions of KMPL in future by Independent Distributor. The Independent Distributor is duty bound to comply with the agreed terms and conditions and contract entered into with KMPL and any terms and conditions not mentioned arising out of unforeseen circumstances, shall be intimated by Independent Distributor to KMPL and seek the written advice of KMPL at all times, before acting by Independent Distributor.


6.a Qualification for Incentives and / or rewards
An Independent Distributor must be dynamic and in compliance with the agreement, terms and conditions, Contract, KMPL and the Business Plan to qualify for Incentives and/or rewards. So long as it is entitled under the Business Plan to receive Incentives and / or rewards, KMPL shall pay Incentives and/or rewards to the Independent Distributor in accordance with the Business Plan. Independent Distributor must consult the Business Plan for a detailed explanation of the benefits, Incentives and/or rewards structure and the corresponding requirements. Incentives and/or rewards are paid only on the sale of the KMPL’s products or services. No Incentive or bonus is paid on the purchase of the KMPL’s sales materials, literatures, Business Planner, Product and services Portfolio, or for introducing other Independent Distributors and/or Customers. The Distributor should have a valid PAN card, only can receive incentives, in compliance with the laws of the state. Without PAN card KMPL will not transfer any incentives.
6.b Adjustments to Incentives and / or rewards
Independent Distributors are entitled to receive Incentives, rewards, profits and other benefits under the Business Plan based on the actual sales of products to Customers. When a product is returned to KMPL for a refund and in the event the transaction was unable to be successfully completed, the Incentive, rewards and / or other benefits attributable to the returned or the unsuccessful transaction or product will be deducted in the Incentive Period in which the refund occurs, and continuing every Incentive period thereafter until the incentive, rewards and / or other benefits are fully recovered from the Independent Distributor who received excess of incentive and / or reward on the sales of the refunded or returned product. In addition, if the KMPL has already paid incentive and / or rewards to an Independent Distributor for a returned product, KMPL shall have the right to request the Independent Distributor for the return of the said Incentive and / or rewards and the Independent Distributor shall be duty bound to return such Incentive and/or rewards to KMPL forthwith. KMPL reserves the right to set-off any debt(s) an Independent Distributor owes to KMPL against his / her Incentive and/or rewards. In case of public holiday or other holiday for KMPL and its staff, the payout shall be made on the next available working day.
6.c reparation
An Independent Distributor can request for periodic account/information concerning, as applicable, sales, purchases, details of earnings, commissions’ bonus and other relevant Data, in accordance with agreement. KMPL reserves the right to charge a processing fee for managing and providing data on the virtual office of Independent Distributor and his/her activities and for issuance of electronic or Paper print out requested by the Independent Distributor.
6.d disbursement of Incentives
All Incentives / Rewards that an Independent Distributor earns will be credited to his / her Bank account by the way of Bank Transfers by KMPL. 

Independent Distributor may be suspended or terminated for violating any of the terms and conditions, contract and Business Plan of KMPL.
7. a Resignation
An Independent Distributor may voluntarily resign from and/or terminate his/her Independent Distributorship by tendering thirty (30) days advance written notice of such voluntary resignation or termination to KMPL. Acceptance of such voluntary resignation and/or termination by KMPL shall be the sole discretion of KMPL. All dues pending towards KMPL shall be settled by the Independent Distributor before resignation from KMPL.
7.b Suspension
When a decision is made to suspend an Independent Distributor, KMPL will inform the Independent Distributor in writing of its decision, the effective date of the suspension, the reason(s) for suspension, and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the Independent Distributor’s registered address provided to KMPL. Whether such suspension may lead to termination or not of the Independent Distributor shall be the sole discretion of KMPL. In the event the Independent Distributor wishes to ask KMPL to review its decision, he/she shall make such a request in writing to KMPL within fifteen (15) days from the date of the suspension notice, explaining his/her reason for such review. KMPL will review and consider the suspension and notify the Independent Distributor in writing of its decision within thirty (30) days from the date of the receipt of the Independent Distributor’s written request. KMPL shall not thereafter further review its own decision. KMPL may take certain action(s) during the suspension period, including, but not limited to, the following:
7.b.1 Prohibiting the Independent Distributor from holding himself as Independent Distributor or using any proprietary marks and/or materials of KMPL.
7.b.2 Withholding Incentives and / or rewards due to the Independent Distributor during the suspension period.
7.b.3 Prohibiting the Independent Distributor from purchasing services and products from KMPL.
7.b.4 Prohibiting the Independent Distributor from introducing new Independent Distributor/s, contacting current Independent Distributor, or attending meetings of Independent Distributors.
7.b.5 If KMPL, at its sole discretion, determines that the violation or breach that caused the suspension is continuing, and has not satisfactorily been resolved, or a new violation involving the suspended Independent Distributor has occurred, the suspended Independent Distributor may be terminated, without further notice.
7.c Termination
KMPL reserves the sole discretion and right to terminate an Independent Distributor upon found violating the terms and conditions, agreement, KMPL Business Plan, law of the state and/or found that any documents produced by the Independent Distributor to KMPL is false or wrong. KMPL may, at its sole discretion, terminate Independent Distributor forthwith for the above reason/s without placing the Independent Distributor on suspension. On decision to terminate the service of an Independent Distributor with KMPL, KMPL will inform the Independent Distributor in writing at the registered address provided by the Independent Distributor to KMPL as to his/her termination. In the event the Independent Distributor wishes to ask KMPL to review its decision on termination, he/she shall make such a request in writing to KMPL within fifteen (15) days from the date of the termination notice, explaining his/her reason for such review. KMPL will review and consider the termination and notify the Independent Distributor in writing of its decision within thirty (30) days from the date of the receipt of the Independent Distributor’s written request. KMPL shall not thereafter further review its own decision. In the event the termination decision is not reversed, the termination shall remain effective as of the date stated in the original termination notice. KMPL shall allow for the termination of contract, with reasonable notice, in such instances and on such terms where a independent distributor is found to have made no sales of goods or services for a period of up to two (2) years since the contract was entered into, or since the date of the last sale made by the Independent Distributor.
7.d Effect of resignation, suspension and termination
After resignation, suspension or termination of an Independent Distributor from KMPL he/she, on immediate effect, shall not further represent himself/herself or hold himself/herself as an Independent Distributor of KMPL, and shall forthwith cease to use any materials bearing the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any products, plan or program of KMPL. He/she shall have no right to enjoy any benefits under the terms and condition, agreement and KMPL Business Plan.
On suspension of an Independent Distributor from KMPL, he/she, on immediate effect, shall not further represent himself/herself or hold himself/herself out as an Independent Distributor of KMPL, he/she shall refrain from using any materials bearing the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any products, plan or program of KMPL. He/she shall cease to enjoy any benefits under the terms and conditions, agreement and KMPL Business Plan. But he / she shall be allowed to retain his / her Independent Distributorship pending the final resolution of his / her case. Any Incentives and / or rewards payable to him / her shall be retained by KMPL, until full resolution of case. If the suspension of the Independent Distributor is subsequently removed, all outstanding Incentives and / or rewards shall be paid to the Independent Distributor by KMPL. However, if the Independent Distributor is subsequently terminated, the termination shall be treated as effective from the effective date of suspension and all Incentives and / or rewards retained by KMPL shall be forfeited forthwith to KMPL. Immediately upon termination, the terminated Independent Distributor:
7.d.1 Must remove and permanently discontinue the use of the trademarks, service marks, visiting card, trade names and any signs, labels, stationery or advertising referring to or relating to any product, plan or program of KMPL.
7.d.2 Must cease to represent himself/herself as an Independent Distributor of KMPL.
7.d.3 Looses all rights as Independent Distributor position in the Business Plan and to all future Incentives and earnings resulting there from.
7.d.4 Must take all actions reasonably required by KMPL relating to protection of KMPL’s confidentiality and integrity.
7.d.5 Independent Distributor shall settle all the dues to the KMPL immediately, failing which KMPL reserves the right to proceed under due process of Law, both civil and criminal, against the said Independent Distributor for realisation of dues outstanding.
7.e Reapplication and readmission
An Independent Distributor who resigns his/her Independent Distributorship may reapply for a new Independent Distributorship, but such reapplication will only be considered only after six (6) months of resignation. The acceptance of any reapplication of a terminated or resigned Independent Distributor shall be at the sole discretion of KMPL.
A non-active Independent Distributor can be enrolled by other Independent Distributor only after the period of 6 months. In such case the first introducer of the Independent Distributor cannot claim it as snatching.
7.f Disciplinary Actions
Violation of any of the terms and conditions, agreement, business plan or Law of the state by the Independent Distributor; or use of any illegal, fraudulent, deceptive, or unethical business conduct by the Independent Distributor, may result, at KMPL’s discretion, in one or more of the following actions:
Withdrawal or denial of an award or recognition, or restricting participation in KMPL sponsored events for a specified period of time;
Withholding commissions or payouts for a specified period of time;
Suspension of certain privileges of Distributorship, including but not limited to, placing a product order, participating in KMPL programs, progressing in the Business Plan, or participating as a Sponsor, for a specified period of time;
Imposing fair and reasonable fines or other penalties in proportion to actual damage incurred by KMPL and as permitted by law; and/or
Terminating the Distributor(s) ship.
Suspension of Independent Distributor for such period and nature as determined by KMPL.
KMPL reserve the right to cancel Independent Distributorship (id/account/identification number) of the relevant Independent Distributor if it is not satisfied he/she meets the terms and conditions or if he/she engages in any misconduct, misconstrue, fraud or abuse of the KMPL’s Business Plan, Benefits and Awards and promoting / participating in competitor company's compensation plan while being a Independent Distributor of KMPL. Once Membership is terminated, all benefits and privileges shall cease forthwith


8.a Death
Independent Distributor has the right to nominate a person as his/her nominee to whom KMPL will transfer the Independent Distributorship upon the death of the Independent Distributor. The Independent Distributor has the right to change his her nominee during his/her lifetime by giving written intimation for the same to KMPL. Transfer of Independent Distributorship will be effective only when the nominee has executed a fresh Independent Distributor application form and submitted certified copy of the death certificate of the Independent Distributor to KMPL. The nominee will then be entitled to step into the shoes of deceased Independent Distributor and would be entitled to all the Incentives, rewards or other benefits accrued on the account of deceased Independent Distributor, subject to all the obligations as an Independent Distributor of KMPL. If an Independent Distributor fails to make any nomination in his/her lifetime, his / her Independent Distributorship shall cease to exist upon his/her death. Any cross lining as a consequence of the devolution of Independent Distributorship under this clause shall not be treated as a breach of the KMPL terms and conditions. Nominee or nominated Independent Distributor shall comply with all the formalities and conditions as that of a fresh Independent Distributor of KMPL.
8.b Dissolution of a Partnership
If an Independent Distributorship is registered in the name of two (2) or more persons, they will be deemed as a partnership under the agreement and the KMPL. In the event of partnership being dissolved, unless KMPL receives a valid and legally enforceable agreement signed by all the partners regarding the arrangement of their Independent Distributorship within thirty (30) days of being notified of the dissolution of the partnership, their Independent Distributorship will be automatically terminated after the expiry of the said thirty (30) day period. Incase when dissolution of Partnership happens and upon agreement by partners, the Independent Distributorship of said entity shall be transferred as per the agreement of the partners therein.

9.a Confidential Information
Independent Distributor is supplied with or obtain information from/of KMPL during business, including, but not limited to, genealogical and team downline reports, customer lists, customer information list developed for and on behalf of KMPL (including, but not limited to, credit data, customer and Independent Distributor profiles, and product purchase information), Independent Distributor lists, manufacturer and supplier information, business reports, Incentives or sales reports, and such other financial and business information of KMPL that is confidential and are essential part of business of KMP, whether in written or electronic form, which becomes known or transmitted to Independent Distributor due to their relationship with KMPL shall be well kept by Independent Distributor and must not disclose any such information to any third party, or use such information for any non-company activity directly or indirectly while an Independent Distributor and thereafter, which would be detrimental to the interest of KMPL, shall not be used or disclosed by the Independent Distributor against the KMPL to other business concerns or public.
9.b Online and Telephonic Reports
KMPL will use its best effort to provide accurate information such as online or telephonic team downline activity reports, including, but not limited to, personal and group business volume (or any part thereof), and team downline introducing activity to Independent Distributors. Nevertheless, due to various factors, including the inherent impossibility of human and mechanical error, act of god; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic cheque payments; returned products; and credit card and electronic cheque charge-backs; the information is not guaranteed by KMPL or any persons creating or transmitting the information.
9.c Use of KMPL Name, Logo, or Trade Names, etc.
9.c.1 KMPL name, logo, trade name, trademarks, product names, brochures, catalogues, sales material, contracts and sales training sessions, literature, audio or video material, presentations or events are copyright-protected property of KMPL worldwide and KMPL retains ownership rights or exclusive licenses to the entire contents.
9.c.2 Independent Distributor shall not reproduce or distribute privately reproduced versions of such materials under any circumstances. Independent Distributors shall not use the KMPL name, logo, trade name, trademarks, program names, or product names of KMPL in any manner or form.
9.d Copyright Restrictions
With respect to product purchases from KMPL, Independent Distributors must abide by all manufacturers’ restrictions and copyright protections. Without prior written approval from KMPL, no Independent Distributor shall video and / or audio record the KMPL meetings, conferences and / or training sessions or any speeches (including conference calls) given therein.
9.e Vendor confidentiality
KMPL’s business relationships with its vendors, manufacturers and suppliers are confidential. Independent Distributors must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of KMPL except with the previous written permission of KMPL or at KMPL events in which the supplier or manufacturer is present and at the direct permission from KMPL.

10.a KMPL-Employee Prohibition
Employee/s working under KMPL and their immediate family members (for example spouse, mother, father, brother, sister, etc.) who are domiciled at the same house are prohibited from taking part in the KMPL Business Plan. Breach of this policy shall be deemed serious, and could result in the dismissal of the employee from service and the removal of his / her entire network to the credit of KMPL. Independent Distributor on being transferred to a paid position or taking up an employment with KMPL shall, prior to their acceptance of employment, file ownership transfer notice to KMPL and give up their ownership rights and privileges as an Independent Distributor under KMPL.
10.b Liability
KMPL shall not be personally liable for each Independent Distributor, and releases itself from, and waives all claims for any loss of profits, indirect, direct, special or consequential damage or any other loss incurred or suffered by Independent Distributor as a result of:
Any action or omission due to another Independent Distributor of his / her agreement, any term or condition of the KMPL, and / or the Business Plan.
The operation of other Independent Distributor’s business.
Any inadvertent, incorrect or wrong data or information provided by KMPL.
The failure to provide any information or data necessary for Independent Distributors to operate their business, including, without limitation, the marketing and promoting of products of KMPL and / or the introducing or referring persons as customers / Independent Distributors to KMPL.
10.c Force Majeure
KMPL shall not be responsible for delays or failure in performance caused by circumstances beyond their control, such as strikes, labor difficulties, fire, war, government decrees or orders.
10.d Violations
It is the obligation of every Independent Distributor to abide by and maintain the integrity of KMPL and its business. If an Independent Distributor observes another Independent Distributor committing a violation, he / she should report the matter directly to KMPL at the earliest. Independent Distributor shall report such violation to KMPL directly or in writing or through KMPL official website at www.kmpl.biz with emphasis on the violation.
10.e Amendments
If the Business Plan of KMPL is amended, it will be informed to the Independent Distributors in General meetings. Changes of Business Plan will be live on website on immediate basis and Brochures / Leaflets will be distributed among the Independent Distributors. Such notice may be provided at any time by posting the changes in KMPL Web Site (www.kmpl.biz) or the by post. KMPL shall not be liable to Independent Distributor or customer or to any third party for any modification, price change, suspension or discontinuance of the Service.
10.f Endorsement
No endorsement by KMPL or its staff or management shall be asserted, except as expressly communicated in KMPL literature and communication.
10.g Telephone Listing
Independent Distributor is not permitted to use KMPL trade name in advertising their telephone, e-mail or website address on materials not produced and/or approved by KMPL without first obtaining the prior written approval from KMPL Legal Affairs Department.
10.h Display of KMPL Products
The integrity of the Business Plan is too built upon person-to-person, one-on-one and in-door presentation methods of sale. Independent Distributors shall not knowingly sell any other company product, or display any other company product, company name, trademarks, literatures, or promotional materials at any retail outlet, including, but not limited to, supermarkets or food stores, flea markets or swap meets, permanent restaurant displays, bars or nightclubs or any such similar establishment, convenience stores or gas stations or any online platform, other than that of KMPL during their time of Independent Distributorship with KMPL. Exemptions, if any, must be approved in writing from KMPL, before commencing any of the above. Non-compliance would warrant for termination of Independent Distributorship with KMPL, without further notice. Independent Distributors may promote the Business Plan of KMPL at their office, fairs and trade shows on the condition that it is not shown or displayed with any other plan with any direct selling company or networking company other than KMPL.
10.i License, Permit etc.
Any tool, presentation technique, promotion or selling of products or services used by an Independent Distributor whilst promoting KMPL business concept, product, service and / or the Business Plan must be within the scope of an Independent Distributor’s rights in his / her respective country / state / province. It is the Independent Distributor’s responsibility to ensure that any statements made, or any demonstration techniques performed, are, in fact, lawfully permitted in his / her country / state / province. If a special license, permission or professional degree is required in a certain location to legally make such statements or perform such presentations, or to conduct business, then it is the Independent Distributor’s responsibility to secure the necessary license, permit or degree for the same, and same shall be done at own expense.
10.j Indemnity Agreement
It shall be the duty and liability of each and every Independent Distributor to indemnify and hold harmless the KMPL, its shareholders, officers, directors, employees and associates from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with Independent Distributorship or by the Independent Distributor, including:
Activities as Independent Distributor.
Breach of the terms of the Agreement.
Violation of or failure to comply with any applicable laws, regulations or rules prevailing in the state.
10.k Non-Waiver Provision
No failure of KMPL to exercise any of its power, or to insist upon strict compliance by Independent Distributor with any obligation or provision herein, and no custom or practice of the parties at variance with the KMPL, shall constitute a waiver of KMPL’s right to demand exact compliance with the Agreement and or the KMPL on a later date. KMPL’s known waiver of any particular default by an Independent Distributor shall not affect or impair the KMPL’s rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Distributor. no delay or omission by KMPL to exercise any right arising from a default affect or impair the KMPL’s rights as to that or any subsequent or future default. Waiver of compliance by KMPL can be affected only in writing by an authorized officer of KMPL. Account information cannot be recovered once your account is cancelled.
10.l Complaint and Grievance
Upon receipt of a written complaint the KMPL or its designated department, will investigate the matter review the applicable policies and render a decision on how the dispute shall be resolved. KMPL may also issue disciplinary sanctions and further action in the matter. KMPL’s decision shall be final and binding on the Independent Distributors to the dispute.
10.m Governing law
The KMPL terms and conditions herein alongwith its Application / Registration Form, Product purchase and the Business Plan shall be governed by the laws of Republic of India.
10.n Jurisdictions
Any dispute, controversy or claim arising from or in connection with the KMPL agreement, terms and conditions, and/or the Business Plan or the breach, termination or invalidity thereof (herein after referred to as the “Matter”) shall first be sought to be resolved amicably between the Independent Distributor concerned and KMPL. For the purpose of litigation the registered office of KMPL is situated at Ernakulam and hence court in Ernakulam is to have jurisdiction in the matter which may arise out of KMPL and its Independent Distributor.
10.o Severability
If at any time any provision of this terms and conditions of KMPL becomes illegal, invalid or unenforceable due to operation of any law or jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this terms and conditions of KMPL shall in any way be affected or impaired thereby. The said portion/provision which has become illegal, invalid or unenforceable shall be severed from the remaining portion which is legal, valid and enforceable and shall be read and effect accordingly.
10.p Notices and communication
Every notice, demand or other communication to be given or made to KMPL by an Independent Distributor shall be in writing and delivered or sent to the registered address of KMPL by registered post acknowledgment due or its registered e-mail. Any notice, demand or other communication to the Independent Distributor from KMPL shall be sent on his/her e-mail or on the address provided by Independent Distributor to KMPL. Any chance in postal address or e-mail of Independent Distributor shall be intimated to the KMPL. Issuance of notice in the available address or e-mail of Independent Distributor with KMPL shall be deemed as notice in the original available address or e-mail of Independent Distributor. Notice, demand or other communication can also be physically handed over to other party and acknowledgment received shall be deemed as notice, demand or communication.
10.q KMPL Contacts
In case of any query or doubts regarding the KMPL product or service, the Independent Distributor or any other person is to contact KMPL at its registered official e-mail - info@lemart.co.in and/or at contact number
0484 4000019.
10.r Headings and Table of Contents
Headings and Table of Contents in this terms and conditions of KMPL and the Business Plan are provided for convenience only and they are not part of those documents. They are not to serve as a basis for interpretation or construction of those documents or as evidence or intention of the parties.
10.s Gender, etc.
Unless the context otherwise requires, words importing the singular number shall include the plural number and words importing the masculine gender shall include the feminine or neuter gender and vice versa, and references to persons shall include partnerships, companies, corporate or unincorporated.
10.t English Language Prevail
In the event of this KMPL terms and conditions being translated into another language and there exists any inconsistencies in any provision between the English-language version and the translated version of the KMPL, the English-language version shall always prevail.

Buy Back / Exchange / Refund Policy
Buy Back
Customer/Independent Distributor if not completely satisfied with the products of KMPL, you may return it within 30 days from the date of Invoice of the product as per the terms of the Refund Policy. KMPL shall pay all the money back within 30 days after deducting the courier and service charge, on condition of production of :-
Product Return Form
Copy of Purchase bill
Product to be in original packing and condition
Exchange
if the customer/Independent Distributor is not satisfied with product received and needs for an exchange with another product from KMPL they may do so. The Customer / Independent Distributor can exchange the product/s from KMPL within 30 days from the date of invoice on condition that and must submit the following:
Product Return Form
Copy of Purchase bill
Product in original packing and condition
New product should be of equal or higher value in price
Refunds
Once KMPL have received the product from customer/Independent Distributor, KMPL will inspect it and notify customer/Independent Distributor of receipt of product and the status of refund. The refund would be made through the same bank account of customer/Independent Distributor through which they had purchased the product from KMPL.
Shipping Cost
Customer/Independent Distributor shall be responsible to pay the courier and service charges incurred for forwarding/return of product to KMPL and the bank charges, if any. Courier and service charge are non-refundable. In some exceptional cases, if the cost of the courier is paid by KMPL the same would be deducted from the refund amount.
Cancellation of orders by KMPL:
KMPL reserves the right to cancel or refuse any order for product or service without assigning any reason whatsoever to customer/Independent Distributor. Cancellation can also be due to non-availability of the Product or quantities ordered. If Customer / Independent Distributor’s order is cancelled, after the payment has been processed, the said amount will be reversed / remitted back through the bank account by which payment was made. KMPL shall have the sole discretion to determine the mode of reversal from the above options.
Cancellation of order by Customer /independent distributor:
On cancellation of order by customer/Independent Distributor, KMPL reserves the right to accept or reject such requests for order cancellation for any reason whatsoever. As part of usual business practice, if it receives a cancellation notice and the order has not been processed, it may cancel the order and refund the entire amount to Customer / Independent Distributor within a reasonable period of time. It will not be able to cancel orders that have already been processed. Customer / Independent Distributor agrees not to dispute the decision made by KMPL and agrees to accept the decision regarding the cancellation.
Set-off of any benefits availed by the Independent Distributor:
In case the Independent Distributor has availed any benefit under any marketing or promotions provided by KMPL in relation to the Product or service for which the order has been cancelled by the Customer /Independent Distributor or by KMPL, independent distributor agrees and authorizes it to recover such benefits from the Independent Distributor and set-off the same against any refunds payable to Independent Distributor.
Reference Notes:
The Customer / Independent Distributor must return the product(s) to the head office personally or by courier.
Period of return for products is calculated as the number of days from the Invoice Date, to the date of receipt of product at KMPL head office.
Condition refers to the condition in which the product is received back from the Customer / Independent Distributor as a return. The product can be ‘marketable’ or ‘unmarketable’ depending on the condition of the returned product as assessed by the Returns executive at the KMPL dispatch and Delivery office.
The Product Return Policy does not apply to open packs of literature and videos or other sales and marketing aids.
Total returns cannot exceed the quantity appearing on the Invoice.
Business volume adjustment of products returned shall be processed in the same Payout. Total business volume of the returned products will be deducted from the returning Independent Distributor’s account.
If customers return products directly to KMPL, adjustment shall be done from the Independent Distributor payout account & any excess amount paid shall be recoverable from the Independent Distributor.
The return process of a Product may change and can be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by KMPL at the time of purchase of the Product.
If the product is not delivered or picked by customer/Independent Distributor due to some reason or is returned by courier as non deliverable and not picked from KMPL office even after 15 days, the same would be forfeited as KMPL property and customer/Independent Distributor is not entitled to make any claim for that product whatsoever thereinafter.

Address

KNOLL MERCANTILES PVT. LTD.
XVlll/358D, A&A Arcade Ambalakkadavu Road Nettoor PO
Ernakulam, Kerala-682040  

Contacts

Email: info@lemart.co.in
Phone: +91 949629233511

Franchisce

BOP Center