This Agreement is entered into between Best English Education Services Ltd (BEESL) A company incorporated under the Companies Act, 1956 and having its Registered Office in Mumbai & Corporate office at Bhopal MP, hereinafter referred to as the "Company" on the one part and any Applicant of Individual (who has attained the age of 18years & above) / Company who/which buys the Product/Services of the company, as specified herein below, hereinafter referred to as the "Consumer" and any "Consumer" who accepts to participate in our free Educational charity business plan is hereinafter referred to as “Independent Distributor" (in short may be referred as Distributor or ID) on the other part. Consumer or Distributors will have their independent meaning according to the circumstances, which more precisely mentioned here under. The Consumer / Distributors represents and warrants that the marketing program and the compensation plan, its limitations and conditions have been understood clearly by him / her and, the Consumer / Distributors is not relying upon any representation or promise that is not contained in this Agreement or other official company material. A Consumer shall be a person, who buys product and can opt to get converted to “Independent Distributor" at any point of time, as the BEESL Educational charity business Opportunity is free and optional and a Distributor shall be a person, who buys product and joins BEESL Educational charity business Opportunity, by submitting a properly filled in application on the requisite format, accepting to be a part of the free & optional BEESL Educational charity business and by accepting Terms and Conditions as specified in company's official website "www.Bestenglishltd.com" (in short may be referred as "site"). A Consumer / “Independent Distributor” shall act and be as an independent body and shall not have any authority to bind the company for any obligations whatsoever. An “Independent Distributor" is not an Agent, Employee or any other Legal representative of the company or its service providers. The relationship between the company and Consumer / “Independent Distributor" will come into being only when this Agreement is agreed and accepted online by any Purchasing Consumer / “Independent Distributor" and this Agreement shall remain enforceable during its existence only. A Consumer / “Independent Distributor" shall be presumed to have understood the Terms and Conditions of this Agreement which are detailed herein below.
Terms and Conditions: -
As the first step towards joining "Best English Education Services Ltd” (BEESL). Please read the Rules & Regulations carefully and understand them Completely, as this will help you to develop real success in BEESL.
The applicant is require to read thoroughly and understand the terms and conditions, policies, procedures, code of ethics and Educational charity business opportunities of the company as give in the website name "www.Bestenglishltd.com". The application / agreement form is considered as an authentic and legally binding Contract Document.
1. Products
The List of products and their detailed description is available on the products section of our website, and may be the physical stock is made available at our authorized franchisee outlets/delivery locations, which the customer is advised to see the product online demo before making any purchase. The Products can be ordered online through our website and the payment in the form of demand draft favouring "Best English Education Services Ltd", Payable at Mumbai or Bhopal, has to be sent or online fund transferring to company's bank account through our authorized franchisee outlets, against which the product/s ordered will be delivered to the purchaser/authorized person. If the payment has been done through Credit Card/Debit Card using payment gateway process, the same or the front side photo copy of the same has to be presented with the ID proof, at the time of product delivery, by the purchaser either while collecting the product from the delivery outlet or while product getting delivered at the purchaser communication address.
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All our products are available for demo/display at www.bestenglishltd.comor may be most of our authorized outlets / delivery locations to allow our consumers / “Independent Distributor" has a chance to look and feel our products before purchasing.
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All consumers and Distributors before ordering online or making the payment are advised to look and feel the online demo clip of products that are available for demo/display at our locations, as such the images shown in company website / printed materials of through any other mode by the company is only for reference and the actual product may vary.
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Neither it is compulsory not mandatory to participate in Educational charity business plan of BEESL. Purchasers who wish not to join the Educational charity business can opt to do so by un-checking the "Free & Optional Educational charity business option" box during registration process. You will however, need to provide the referrer / enroller details (without which products can't be purchased as such Company take every possible steps to make the purchaser understand about the company, products, policies, etc., and also to make ensure that the purchaser is properly guided to buy BEESL products or before entering in to BEESL Educational charity business opportunity and such purchaser will be termed as "Consumer"
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A consumer who has solely purchased the products from BEESL, can choose to join the Educational charity business opportunity free of cost, which he can do so by confirming from his Educational charity business center login (where in access will be provided for 365 days, within which they need to confirm and beyond that he/she needs to contact our customer care department with all his/her purchase information to re-activate his Educational charity business center, so as to understand whether the consumer has got the required latest info. about the company, before entering in to Educational charity business opportunity).
2. Prices/Payment:-
A. The Updated Products package and their Price list is available on our website and the amount to be paid (only after complete satisfaction with the description/ features available on the website and if possible the physical verification of look and feel the online demo clip of product can be had by the purchaser by visiting our web site) by way of Bank Demand Draft favouring "Best English Education Services Ltd" Payable at Mumbai or Bhopal or through online payment gateway option while placing the order.
B. It is mutually agreed between the parties that the Consumer / Distributor if satisfied, the product package amount should reach at company's head office /authorized franchise outlets along with Product Purchase Order.
C. It is mutually agreed between the parties hereto, that the company is at liberty to change / modify the quantum of product cost payable under this Agreement in future or provide for additional Product / Services at such additional cost as may be determined by the company.
D. The company offers 0 day cooling period from the date of joining (signup) on certain Standard (General/Non-Retail) products, as per Product return policy its online movies education we cannot refund.
E. The images shown in company website / printed materials or demo of through any other mode by the company is only for reference and the actual product may vary. The product rates and specification is also subject to change and may vary from time to time.
3. Term / Renewal
The term of this Agreement is one year and shall commence from the day when the applicant (Consumer/ " Independent Distributor) is registering in the company website and the application of the Product Purchaser on the requisite format is received by the company and subject to the payment received or to be received within the specified period. The term of the Agreement may be renewed by the company for another year(s) when an Independent Distributor or Distributor meets the criteria of minimum purchase of products or as the condition may be as determined by the company from time to time and if the Distributor is fulfilling any criteria as defined by the company systematically, the Renewal will happen automatically. Distributor will have option at any point of time to exist from the BEESL Educational charity business opportunity, by fulfilling the required documentation and serving a letter to our customer care department.
4. Termination
It is mutually agreed between the parties that:
A. The Consumer/Distributors will not use the Product of the company, which is against any law or public policy or contrary to any of the terms of this Agreement. Any reproduction, re-distribution, resale or unlawful use of the Product / Services of the company will result, in termination of this Agreement by the company and the Consumer/Distributor shall be liable to be prosecuted under the civil / criminal law.
B. Any copying or reproduction of the Product / Service Package / Educational charity business Plan / any content of our website of the company shall be deemed as violation of this Agreement, and will attract its immediate termination by the company. Such act of Consumer/Distributors shall render him / her liable to be prosecuted under civil / criminal / copyright / trademark law.
C. Any misrepresentation of the aims and objectives of the company, that may or may not be harmful to the interest of the company, will invite immediate termination of this Agreement by the company, and consequential suspension / cancellation of any rights and obligations that arise out of this Agreement.
D. This Agreement will stand automatically terminated, the day a Consumer/Distributors sets up his / her own Firm / Educational charity business / Company with the similar aims and objectives or by and large similar to as those of the company.
E. The company reserves the right to terminate the Agreement immediately without any written notice if any Consumer / Distributors is found to indulge in anti-company activities in any manner or found to disturb any Private or Public Educational charity business Meeting organized by the Consumer / Distributors of the Company.
F. The company reserves the right to terminate the Agreement without assigning any reasons with or without giving any written notice to a Consumer / Distributors, if Acts / Deeds of the Consumer / Distributors are detrimental to the interest of the company.
5. Force Majeure
It is expressly understood by both the parties here that any act of God or force majeure, that include, but is not limited to, natural disaster, war, technical failures and operation of Law / Government Policies that may prevent the due performance of any of the obligations under this Agreement, or under any Terms / Conditions / Subsidiary Agreement that may form an integral part of this Agreement will not be construed as failure to perform the contract by either of the parties hereto. However, it is clarified that the party, so affected will take all possible steps towards normal performance of obligations under this Agreement, as soon as possible. No party will be responsible for any loss due to the other party, in these circumstances.
6. Security
The Consumer / Distributors is required to keep any company's password and other secure access, information confidential and notify the company promptly if the Consumer / Distributors believe that the security of an account has been exposed. The company has taken reasonable step to protect the security of online transactions. However, the company does not warrant such security and will not be liable for any losses or damages resulting from any security breaches. The Consumer / Distributors shall be liable for losses or damages resulting from the security breaches.
7. Privacy Statement
A. Consumer / Distributors hereby agrees that the company is entitled to ask for personal information, login Id and password at any stage in the course of the use of Product and Services contemplated under this Agreement.
B. Consumer / Distributors understands that the company and its chosen service partners may use the login Id to operate or help to operate sites and services for the purposes of the user or company, and to inform Consumer / Distributors of any new Features / Services / Products from the company or its affiliates, including products and services that may be related to the Product and Services contemplated under this Agreement, but are not necessary to its operation.
C. The company may disclose such Login Ids / Passwords or any other reference code / number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the company believes that such action is necessary to conform to the requirement of law or to comply with the Legal process or in reply to any notice served upon the company or to protect and defend any rights of the company with respect to the Products / Services contemplated under this Agreement or to protect the safety of the users / the company / the public in extraordinary circumstances.
D. Consumer / Distributors are requested to go through and understand the details which also mentioned in the company website more precisely under Privacy Policy, Terms and by registering the details in company website / by signing this agreement you are deem to have been accepted to that.
8. Jurisdiction and Disputes
Resolution Mechanism This Agreement shall be construed and enforced in accordance with the Laws of Union of India and shall be subject to Jurisdiction of Bhopal.
A. All disputes between the Consumer / Distributors and the company arising out of or in relation to this Agreement directly or indirectly shall be first settled amicably through negotiation between the parties. In the event of the dispute not being settled amicably between the parties, the same shall be referred to the Sole Arbitrator appointed by the company under the Provision of Arbitration & Conciliation Act, 1996 and the venue shall exclusively be at Mumbai only. The Management, Senior Top officials of Best English Education services Ltd can also be appointed as arbitrator.
B. The Consumer / Distributors and the company have mutually opted and submitted to the exclusive jurisdiction of competent courts exclusively in Bhopal, alone in relation to any dispute between the parties arising out of or in relation to this Agreement. Causes of action between the parties here to of any type, whether based on this Agreement; on fraud or any other form, or grounded in principles of strict liability or statutes of any kind shall be heard exclusively in a competent court within the jurisdiction of Bhopal only. Each party hereby submits to the jurisdiction exclusively of competent courts in Bhopal and expressly waves the rights to bring any suit / action in other courts.
C. In case of the multiple claims / disputes that may involve the company and more than one user for the cause of action relating to all such parties, such parties hereby consent and submit to a single, consolidated arbitration proceeding. Any award made under such arbitration will be final and binding on both the parties hereto.
9. General
A. The Company reserves its right to change the Terms and Conditions of the Agreement under which the Product / Services of the company are being offered.
B. The company reserves the right to deny, in its sole discretion, before / after termination of this Agreement, user access to web site, facilities, products or services, without any notice or reason.
C. This Agreement constitutes the entire Agreement between the parties on the subject matter thereof, however, Consumer / Distributors understands that any Commitment, Terms and Conditions, as displayed on the web site of the company, will be treated as integral part of this Agreement , which would be binding on both parties. No additional promises, representation, guarantees or Agreements of any kind, shall have any validity concerning the subject matter of this Agreement, unless the same is in writing and is agreed upon and signed by an authorized representative (doesn't include company authorized delivery outlet offices) of the company in hard copy form.
D. If any Distributors refers / recommends the Products / Services of the company to some other prospective user, and consequently decided to accept some facilitation fees / payouts being offered by the company, then the Distributors will be bound by Agreement / Terms and Conditions on the subject contained elsewhere in the company web-site, and the same Agreement / Terms / Conditions, will form a binding contract between the user and the company, and will be enforceable in the same manner as this Agreement, being subject to the same restrictions on jurisdictional.
E. Consumer / Distributor agrees that the latest version of this Agreement, available on the company's web-site, will be the operative version of this Agreement, and any modification of this version of the Agreement by any Consumer / Distributors with wrong intention will invite immediate unilateral termination of this Agreement by the company and such user shall be liable to be prosecuted under the relevant provision of the law in force. The operative intent of this clause will extend to all terms, conditions and notices, which are ancillary / incidental to this Agreement, including any such Terms and Conditions which may be contained in the company's web-site or in any other web-site / web page which is also operated by the company or its affiliate, including any such sites or pages which can be accessed by links contained in the web-site of the company.
F. Headings to clauses in this Agreement are for the purposes of references only, and shall not be construed as indicative for the purpose of interpretation of any clause.
G. If there is any conflict between this user Agreement and other documents, this user Agreement shall govern, whether such other documents is being made / created prior to or subsequent to this user Agreement, or is signed or acknowledged by any Employee, Officer and Director of Best English Education Services Ltd.
H. The Company does not owe any responsibility whatsoever for any Loss, Damage or Distress to any person, whether or not a purchaser of our Products / Services on account of any action taken or not taken on the basis of our Product / Educational charity business / Mission.
I. Distributors interested to promote our Educational charity business must examine their Country / State / Province laws. Company will not be responsible in any ways if he / she are promoting the Educational charity business without examining their Country / State / Province laws.
J. In case of any dispute only current information on our website (www.bestenglishltd.com) will be used.
K. Any lawsuit or bad propaganda against the company by any Consumer / Distributors will immediately disallow the ongoing payouts / facilitation fee (if any) / access to company website/Educational charity business center without any notice, however, they will continue to enjoy our products.
L. If we find any Consumer / Distributors involved in misguiding / spreading misunderstanding to other Applicant Consumer / Distributors about the company's rules / policies / activities / Educational charity business plan / functioning directly or indirectly, would amount to immediate suspension of eligible payouts / facilitation fees without any prior notice. However, he / she will continue to use our products, as the Educational charity business opportunity is free and optional.
M. Company releases the Distributor's eligible payout when their Valid PAN (either photocopy of Pan Card or digital copy of Pan Card uploaded on our website www.bestenglishltd.com) details is received by us, if not the TDS will be deducted at the higher percentage as formulated by the Government. However the day we receive your PAN you are eligible to earn ongoing payouts since then. The facilitation fees / payouts earned (if any) prior to fulfillment of the above conditions will not be paid.
N. Only information available at our website related to Company or its Directors should be given to other Consumer / Visiting Guest for promotion of BEESL Educational charity business. Any Consumer / Distributors violating this will not be allowed to promote our products and Educational charity business opportunity anymore and his / her ongoing eligible payments / facilitation fees will immediately be stopped.
O. If the total number of sales for any week(s) is not sufficient to release the payout then the unpaid sales are carried forward and are considered and counted for payout subsequent day(s). The minimum sales required running the payout process in any specific Day/ Week / Fortnight / Month would be determined / decided by the company and the decision of the company in this regards would be final.
P. We may add / delete any existing Products / Services at any time due to any reason and the decision of the company in this regards would be final.
Q. If the company is convinced that any Distributors is drawing facilitation fees / payouts without any contribution / found inactive, he will be stopped getting facilitation fees / payouts without any notice with immediate effect.
R. BEESL product should not be purchased in joint name or partnership.
S. Distributors residing outside India are not allowed to earn any payout in India.
T. All Consumer / Distributors has to address their query / queries if any, to the company Customer care mail id's, which provided in contact us page in company website.
U. In case of any conflict of translation of any of the user agreement / Terms and Conditions contained in the Regional, National, International or English language, the English version shall prevail.
V. People are encouraged to buy our products only if they are willing to use our products. People purchasing product just to take the benefit arising out of our Educational charity business opportunity are highly discouraged.
W. Facilitation fees / Payouts are not the right of any Consumer / Distributors, however, purchased products would be served.
X. In order to take the benefit of all the sales in Educational charity business plan on continuous basis, you must fulfill all conditions mentioned in our Educational charity business section. Failing in any one would result in flushing of the entire sale volume.
Y. Promoting BEESL Educational charity business needs skills in the area of marketing / sales, who could be either with previous experience / trained through BEESL, so the Consumer / Distributors, are strictly advised not to purchase the product exclusively for the purpose of making money through promotion of BEESL Educational charity business, as this is not get quick rich plan and BEESL is purely in to selling products and not Opportunity. Please note here again that company is charging only for products and nothing is charged exclusively for the Educational charity business opportunity, as it is free and optional only for the applicant consumer to select.
Z. All Medium and Top level class Distributors are expected to promote Educational charity business with full zeal and enthusiasm and expected to periodically organize Product / Educational charity business meetings regularly on Daily / Weekly basis and not to indulge in any other Educational charity business directly or indirectly without prior approval of the company, failing which will lead to denial of releasing any further payouts without any notice. The decision of the company in this regard would be final and shall be binding on the Distributors.
AA. It is the duty of the Selling Distributor to provide correct information and follow all the rules of the company. Also it is the duty of the Purchasing Consumer to verify all the information given to him by them by visiting our company website. Company will not be responsible for any wrong information given by Selling Distributors which is accepted by the Purchasing Consumer without verification. However, if a written complaint against the Selling Distributors is sent to us about promoting wrong information, this would amount to direct termination of the Selling Distributors without any compensation. Any loss occurred to the Purchasing Customer due to wrong information provided by the Selling Distributors, which is accepted by the Purchasing Customer without verifying / visiting our website www.bestenglishltd.comwould be the responsibility of the purchasing customer and selling Distributors. Company will not be responsible if anybody has purchased or sold our product by accepting / giving wrong information.
BB. While selling our products it is the duty of the Selling Distributors to properly demonstrate / explain our products to the Purchasing Customer. Selling Distributors must guide them to go through our Policies, Terms and Conditions, code of conduct and FAQs available in our website www.bestenglishltd.combefore purchasing our products. Our products should only be purchased if Purchasing Customer is totally satisfied with our PRODUCT, LEGALS (Terms and Conditions), FAQ's and any other information provided in our company website. Please note that company will not accept any payment without duly signed in DECLARATION on the Application Form by the Purchasing Customer. The Selling Distributors must verify on the Application Form the signatures of the product purchasing Customer and his / her age, which should be at least 18 yrs. & Above Any failure of duties in this regard would be the responsibilities of the Purchasing Customer / Selling Distributors. Any Legal problem arises due to wrong signatures or wrong DECLARATION will be the responsibility of the Selling Distributors and Purchasing Customer and Company will not be responsible in anyways.
CC. Any sale done against the Terms and Conditions of the company by way of misrepresentation or otherwise solely for the purpose of earning income is not allowed and any Legal problem or losses arises due to this will completely be the responsibility of the Selling ( Enrolling ) Distributors.
CC. No Distributors (except the one authorized) can sell directly or indirectly to other Consumer / Distributors and Guests Books, Presentation files or other materials produced by any Consumer / Distributors. Any Consumer / Distributors found to violate this rule would face immediate suspension / termination along with the producing Consumer / Distributors, from the Educational charity business.
EE. Any Distributors earning income from BEESL cannot join other Company of similar nature / or marketing plan Educational charity business directly or indirectly otherwise he / she would lose their right to get any further income from Best English education Services Ltd.
FF. Product Purchasing Customers are strictly warned not to pay any cash payment to his / her Product Selling Distributors or any of his / her up line Consumer / Distributors. All the payment must be made through a Bank Demand Draft drawn on the name of "Best English Education Services Ltd”, payable at Mumbai or Bhopal only and the photocopy of the Bank Demand Draft must be retained very carefully, by the product purchaser. Personal and Payment information must be verified by the Purchasing Customer before signing the DECLARATION on the Application Form. Selling Distributor and Purchasing Customers must keep a photocopy of the Welcome Letter and Application Form. The original Application Form is to be sent to the company along with the payment confirmation copy. Company will not be responsible if any part / full payment is made to any up line or Selling Distributors by the Purchasing Customer or the Application Form with the payment confirmation copy / Demand Draft don't reach the company.
GG. All Purchasing Customers would be deemed to have accepted all our Terms and Conditions given in Terms and Conditions by checking the CHECK BOX and SUBMITING it during the Registration process.
HH. If Purchasing Distributors is signing Declaration on the Application Form in any Language other than English, Selling Distributors must ensure that Purchasing Independent Distributor has clearly understood our Terms & Conditions), FAQs and the contents of our product. Any dispute arises in this regard would be the responsibility of the Selling Distributors.
II. In Educational charity business / Product Meetings / Seminars, Presenting Consumer / Distributors must promote BEESL Educational charity business as per our Terms and Conditions, FAQs and Educational charity business Plan and as per the information given on our website (i.e., www.bestenglishltd.com). Presenting Distributors / Selling Distributors must explain / demonstrate our products very clearly and must explain how to access / use them. Company will not be responsible for any Legal problem arises due to misrepresentation or wrong commitments by Presenting / Selling Distributors.
JJ. Consumer / Distributor are requested to go through and understand the details which also mentioned in the company website more precisely in code of conduct in company website and by signing this agreement Consumer / Distributors are deem to have been accepted and abide by the policies set in code of conduct.
KK. In order to attract New Guests and encourage / motivate them to learn / promote our Educational charity business and connect them to the fast communication system company may provide Sales Promotion Materials / Tools / Aids for Educational charity business Promotion / Publicity / Canvassing during various Conventions / Seminars / Contact workshops / Meetings and other Social Welfare / Development program organized by the company, its Distributors or any other organization.
LL. If we receive any complain from our Distributors / Consumer that any one of our existing Distributors is involved in misguiding / spreading misunderstanding about the company's rules / policies / activities / functioning directly or indirectly or violating any rules and regulation of the company, then company reserved the right to suspend the ongoing payouts with immediate effect without any notice. If it is proved that you have not been involved in misguiding / spreading misunderstanding about the company's rules / policies / activities / functioning directly or indirectly or violating any rules and regulation of the company and also found to be obeying all the FAQs, then complaining Distributor(s) / Consumer (s) and / or certifying Distributor (if any) are responsible for the payout (if any) of suspended period. Company will not be responsible for paying the commission for the suspended period in any circumstances. If you are not proved to be culpable then the company will start paying commission from the date accepted by the company.
MM. Multiple positions created on the name of other family members solely for the purpose of generating more income would not be permitted. If it is found that the multiple positions are solely created for generating more income, then the income of other created multiple positions would be stopped immediately, however, product would be provided.
NN. Purchasing Customer willing to participate in our optional Educational charity business must understand that Selling / Learning to Sell is the most difficult task and Teaching / Training the Sale Force is even more difficult. Attending continuous Training Programs organized by the Company authorized representatives / Distributor's for Learning / developing various skills has proved very helpful for promotion of our Educational charity business.
10. Promises by Distributors
Product Selling Distributors are not authorized to make any other promise to prospective Purchasing Customer other than those made by the company on its website under this Agreement and in other official company material relating to this Agreement. The company shall not be liable for any act of omission or commission, misrepresentation, false commitment and promises made by any Consumer / Distributors to the prospective Consumer / Distributors while introducing the Product / Package / Services of the company. At the time of Agreement, if any Consumer / Distributors while trying to enter into Agreement with the prospective Customer makes some false commitment, misrepresentation and promises such prospective Customer can write a complaint against the Consumer / Distributor to the company. Company will take appropriate action against such Consumer / Distributors but company shall not be responsible and liable for such acts of Consumer / Distributors.
11. Educational charity business
Consumer will be entitled to participate in the Educational charity business program of the company and become Distributor upon acceptance of an application by the company, with an Educational charity business Center offered by company Free of Cost during the first year. Distributor will be eligible to get commission on the sales occurring in his / her organization due to his / her continuous Participation / Training / Teaching / Helping and Development to all the Consumer / Distributor in his / her organization and with fulfillment of the conditions, as explained on the company's website www.bestenglishltd.com. The Distributor Understands that to earn commission in the program, Distributors is responsible for generating Educational charity business with proper guidance and training of the company and strictly as per the Terms and Conditions of the company. To do this, an Distributor will personally make sales of BEESL Products which will build his or her sales team and will contact prospects by phone, net and in person and attend local training meetings of the Company Independent Distributor or Representatives which will be notified by the Distributor to prospective Customer.
A. Consumer / Distributor having applied to participate in the company's Educational charity business program ["Program"], understands that he / she / it will be bound by the Terms and Conditions hereof, once such application is submitted and accepted by the company.
B. Distributors shall be solely responsible for payment of his / her taxes and other levies [central or state] in general course of his self-employment as independent Distributor or Company's web based program as per the laws and rules governing his / her Province / State / Country. Distributors agree that in India the revenue earned during the fiscal year will be liable to tax deduction at source at such rates as applicable in accordance with the Income Tax Act, 1961 or rules, amended from time to time. A Distributor at his / her / its own expense, will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement. The company is not responsible for illegal submissions / representations made by any Distributor.
Any payout / facilitation fees eligible amount receivable by the Distributors is subject to deduction of TDS and processing charges (Admin cost) as applicable. Company also reserves the right to apply trimming or any other charges if necessary, on the payouts been released and can withheld if PAN number is not provided by the Distributor, during the time of registration or till the time he is eligible for payment. The company does not assure any income to the Product Purchaser / Consumer on merely account of his / her registering with the company. A Consumer / Distributor shall be responsible to keep him / her aware of any change[s] modification[s] in the existing Agreement or change in the compensation plan, rates, prices and charges. A Consumer / Distributor agrees that the company may from time to time, modify the existing Agreement or change in the payout / compensation plan, marketing plan, rates, prices and charges in order to make it applicable to all Consumer / Distributor. If a Distributor continues to remain in the program, it will be implied that he / she has consented for changes and will abide by those changes. Any notice for change / modification shall be deemed to have been given by the company or received by a Consumer / Distributors as on the day, after such notice is posted on www.bestenglishltd.com.
12. Cross Sponsoring/Cross Recruiting
A Consumer / Distributors understand that cross sponsoring, cross recruiting and cross line jumping are prohibited in the company's Educational charity business Program. This may result in the imposition of penalty / suspension / cancellation / revocation of his / her Product / Services / Package and as more fully set forth hereafter, but may include immediate termination of this Agreement without passing of any benefits or revenue / pay out payable to such Distributors / prospective applicant. "Cross sponsoring" means soliciting a Consumer / Distributors or any closely related person or entity into a down line different from the existing down line for that Consumer / Distributors, or a closely related person or entity. "Cross jumping" means an Consumer / Distributors or any closely related person or entity voluntarily taking an Educational charity business that is not in the same down line as the one in which the Consumer / Distributors first was placed. "Closely related person or entity" is any person in the household of the Consumer / Distributors [e.g. Spouse, Son, Daughter, Parents living in the same household] or any Legal entity which is controlled by the Consumer / Distributors.
13. Multiple Sale/Purchase
Any Company / Person or Legal entity may buy more than one similar standard product (only educational product package) if you r doing the charity for poor people’s child, Like educate poor child free of cost but u have to submit the avoidance but after obtaining written permission of the company, but limited to three standard products. However, the company does not encourage any person to purchase more than three similar products to participate in the program and the compensation plan or even to maximize potential payout. Any Consumer / Distributors who advises potential Customer otherwise are in violation of this Agreement and are subject to penalty as set forth herein.
14. Income Representation
Any Consumer / Distributors are not entitled to any profit solely on the ground that he / she have introduced another person as a Consumer to the program. There is no guarantee under this program that the Product Purchaser / Consumer / Distributors will drive any specific income or profit. Any income that Distributors earns under this program is determined by his / her personal activity / efforts as a Distributor. Consumer / Distributors understand that products sales revenue shall be paid only to the qualified "selling" Distributors and to his or her qualified downline and up line Distributors. The Distributor shall not make any income representations except those set forth herein or otherwise specifically set forth in official company's material. Distributors understands that the revenue earned through the company is not the only source of his / her income and any other income derived will be disclosed to the authority on his / her own account and the company shall not be responsible for revenue earned by the Distributors other than what is earned from the company. The company does not assure any income to the Product Purchaser / Consumer on merely account of his / her registering with the company.
15. Links to Third Party Sites
The website www.bestenglishltd.commay contain links to web sites operated by parties other than company. Such links are provided for Consumer / Distributors convenience as well. The company does not control such web site, and is not responsible for their contents; www.bestenglishltd.cominclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
16. Liability Disclaimer
The information, software, products and services including our websites of pages linked from www.bestenglishltd.commay have inaccuracies or typographical errors. Changes will be effected periodically to the information herein. The company and / or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, products, services and related graphics, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title and non-infringement. The company and / or its suppliers shall not be liable in any event for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use arising out of the use or performance of the BEESL Products, whether based on contract, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states / jurisdiction do not allow the exclusion or limitation of liability for consequential or incidental damages.
17. Service Contact
All Queries/Complaints/Suggestions to be sent to Customer care support email ids mentioned in www.bestenglishltd.com or Info@bestenglishltd.com.
18. Association/Relationship
A Customer / Consumer / Distributors agree that no joint venture, partnership, employment, or agency relationship exists between them and the company as a result of this Agreement.
19. Copyright and Trademark Notices
All contents of the web site www.bestenglishltd.comand all other products/logos/arts are the original work of the company and its suppliers and is exclusive user of the same and this is the absolute owner of the copy right thereof. All rights are reserved. The company and its website www.bestenglishltd.com, its products and or service referenced herein are domains, trademarks or registered trademarks of the company. Other products and company names mentioned herein may be the trademarks of their respective owners.
20. Transfer of Product / Educational charity business
In order to maintain the integrity of the company's sales organization, Consumer / Distributors who wishes to transfer his / her Product and automatically created Educational charity business Center, must first contact to his Sponsoring / Enrolling Distributors for helping him in transfer of his / her Educational charity business / Product and automated created Educational charity business Center. If the Sponsoring / Selling Distributors decline to get the same transferred, then the Consumer / Distributors will be at liberty to offer the same Product / Educational charity business Center to someone else, on the same Terms and Conditions on which it was offered to him / her. However, all such transfers will necessarily require company's permission, completion of certain formalities by filing up of a prescribed form / affidavit and payment of processing fee. Transfer of a company or other Legal entity, which owns an Educational charity business Center, is hereby deemed to be the transfer of the Educational charity business Center and is subject to the provisions above stated. The company program / Educational charity business Center, like any other Educational charity business or Asset, a Consumer / Distributors may have his ID fully transferable in accordance with the terms of a Will, or in the absence of a Will, it passes to Legal heirs pursuant to the applicable intestate succession laws. For those Consumer / Distributor who's Educational charity business / Product Center is owned by a company or some other type of Legal entity, there would be no change in the ownership of the Educational charity business Center upon the death of an owner of that company, etc. Ownership of the company would change by passing to the Legal heirs, but the company would continue to own the Educational charity business Center. The company reserves the right to imply trimming on the full/partial facilitation fees earned/to be earned for unspecified period of time. Company decisions will be final regarding the transfer of ownership.
21. Information about Consumer / Distributors
Consumer / Distributors are required to furnish the complete and accurate information in the prescribed format to the company and also keep updated in case of any change. Company will not hold any responsible for not updating the communication or registered details, in case of any change done by the consumer / Distributors.
22. Rejoining
A Consumer / Distributors may voluntarily terminate this Agreement by giving one month's written notice to the company at any time for any reason. If the Consumer / Distributor terminates this Agreement, then such Consumer / Distributor shall not be allowed to become a Distributor again for a period of six [6] months. If Consumer / Distributor re-joins on line in violation of this policy then such Consumer / Distributor shall be terminated and he / she shall not be allowed to earn any revenue / pay out from the new position and that Agreement shall be treated null and void ab-initio.
23. Indemnity
Applicant Consumer / Distributors hereby agree to indemnify, defend and hold harmless BEESL from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BEESL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
24. Participation and Disclaimer
Important-Read Carefully: Be sure to carefully read and understand all of the rights and restrictions described in this Consumer / Distributors Participation, Disclaimer and FAQs (Frequently Asked Questions). Consumer / Distributor will be asked to review and either accept or not accept the terms hereof.
A. Consumer / Distributors checking the CHECK BOX and submitting it during the Registration process while ordering the product online is a symbol of your signatures that you accept the terms of the Consumer / Distributors Participation and Disclaimer. This Product purchaser Participation and Disclaimer is a Legal Agreement between you [either an individual, company or a Legal entity] and the company and you are bound by the Terms and Conditions of this Agreement.
B. To become a BEESL Distributors you must be at least 18 years & Above age.
C. The company reserves the right to modify the Terms of Participation by the Product Purchase or prospective Customer for online Registration at any time and with or without prior notice to its Product Purchaser / Consumer / Prospective Customers.
D. The information and services published on the Site, including text, graphics, links or other items, may contain typographical errors or technical inaccuracies. Information may be changed or updated without notice. BEESL may also make improvements in and/or changes to the information described in the Site at any time without notice. BEESL is not responsible for any errors or omissions in the BEESL Web Site or any web site which may be referenced within or linked to the BEESL Web Site.
E. The Information and materials on the BEESL web site – are provided "as is", "as available", without warranties of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. BEESL makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through the BEESL web sites. Any reliance on or use of such material shall be at your sole risk. BEESL makes no representation or warranty that the BEESL web sites will be available on a timely basis or will be uninterrupted or error free, which defects will be corrected, or that the BEESL web site or the servers hosting such web site are free of viruses or other harmful components.
F. Website usability:-
The Website requires visitor / consumer / Distributors to register as a User by creating an Account in order to purchase products from the company. You will able to generate a password of your own and will receive an Educational charity business center account designation upon completing the Website's registration process. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BEESL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of
Each session. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet. BEESL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In consideration of use of the Site, visitor / consumer / distributors represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BEESL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BEESL has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Company does not provide services or sell products to children. If you are below the age of 18year &, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information. Visitor / Customer / Product Purchaser / Consumer / Distributors agree and undertake to use the BEESL Website(s) only to gain knowledge of Company's basic information, post and upload material that is proper. The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. BEESL is under no obligation to review any messages; information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, BEESL may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. By way of example, and not as a limitation, you understand, agree and undertake that when using the Website, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• Impersonate others or provide any kind of false information;
• Publish or post any personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references;
• Publish, post, upload, distribute or disseminate any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material or information through any bookmark, tag or keyword, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
• Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
• Conduct or forward surveys, contests, pyramid schemes or chain letters of any kind;
• Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using www.bestenglishltd.cominvitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using www.bestenglishltd.comto connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and Sending messages to distribution lists, newsgroup aliases, or group aliases;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force in or outside India;
• Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein;
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Visitor / Consumer / Distributors are requested to go through and understand the full complete details which mentioned in the company website more precisely under Privacy Policy, Terms. By registering the details in company website / by signing this agreement visitor / consumer / Distributors are deemed to have been accepted to that.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.
If you come across any abuse or violation of these Terms, please report to Report@bestenglishltd.com
If you have any concerns about our use of your information or about this agreement, please send an email to contact@bestenglishltd.com. And We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. To have effective and faster response on issues relating to various topics kindly visit contact us link provided in our website.
The company reserves the rights to modify the terms and conditions, products & specification, Educational charity business plan and policies etc. with or without prior notice through its website www.bestenglishltd.com. And it will be binding on all Visitor / Consumer / Distributors of the company.
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