This Members / Purchasers / Promotion Partner's Terms and Conditions ("Agreement”) contains the terms and conditions that govern your access to and use of the Program (as defined below). "We," "us," "our," and "www.goodmorningmarketingservices.com” means M/s. Siddha Siddhi Enterprises (hereinafter referred to as the "Firm”). "You” and "your” means the applicant. "Product” means any product displayed or sold through the Program. By registering FOR OR using the M/S. SIDDHA SIDDHI ENTERPRISES PRODUCT PROGRAM ("PROGRAM”), YOU: (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR). IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A FIRM OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT FIRM OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT FIRM OR ENTITY TO THIS AGREEMENT. 1. ENROLLMENT: To begin the enrollment process, you may be required to complete the account creation process via the M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com as identified by us. You will at all times comply with the policies, guidelines and terms pertaining to the Program including the Content Guidelines and the Acceptable User Policy on the said M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com and any other notification/updates received on your registered email address and Mobile number from M/s. Siddha Siddhi Enterprises (collectively, "Local Product Ads Policies”). 2. YOUR ACCOUNT: If we require you to create an account, as mentioned in Section 1 above, you will be solely responsible for maintaining accurate, current and complete account information, for maintaining the secrecy of any account passwords and for all activities that occur under your account. You will administer the account yourself or designate an account administrator for your account who may access your account. As a participant in the Program, you agree we may send you e-mail, SMS, WhatsApp updates about the Program and your account. We would require your Know Your Customer (KYC) documents including PAN and Aadhaar Card alongwith the Bank Details like Account holder’s name, IFSC Code, Account Number, or any other requirements that may change from time to time. 3. ONLINE PRESENCE: "M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com” means: (a) any website or other online point of presence operated by M/s. Siddha Siddhi Enterprises or any of our affiliated companies; and/or (b) any other website, device, service, feature or online point of presence through which any website of any of our affiliated companies and/or products or services available thereon are syndicated, promoted, offered, merchandised, advertised or described.
2. YOUR ACCOUNT:
If we require you to create an account, as mentioned in Section 1 above, you will be solely responsible for maintaining accurate, current and complete account information, for maintaining the secrecy of any account passwords and for all activities that occur under your account. You will administer the account yourself or designate an account administrator for your account who may access your account. As a participant in the Program, you agree we may send you e-mail, SMS, WhatsApp updates about the Program and your account. We would require your Know Your Customer (KYC) documents including PAN and Aadhaar Card alongwith the Bank Details like Account holder’s name, IFSC Code, Account Number, or any other requirements that may change from time to time.
3. ONLINE PRESENCE:
“M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com” means: (a) any website or other online point of presence operated by M/s. Siddha Siddhi Enterprises or any of our affiliated companies; and/or (b) any other website, device, service, feature or online point of presence through which any website of any of our affiliated companies and/or products or services available thereon are syndicated, promoted, offered, merchandised, advertised or described.
4. PRODUCT INFORMATION:
We will provide (in a feed/graphical interface format the product that is up for sale and we require or accept your confirmation and in accordance with applicable Program Policies) accurate, current and complete information for each of our Products and will promptly update such information as necessary to ensure it at all times remains accurate, current and complete. We will ensure that the information provided by us under this Agreement will, at all times, comply with the Product specifications, its Terms & Conditions, after sales Policies and applicable laws. You grant us a royaltyfree, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, promote, market, distribute, adapt, transmit, modify, excerpt, analyze, re-format, create derivative works of and otherwise commercially or non-commercially exploit in any manner, any and all of the product information you submit, and to sublicense the foregoing rights.
5. SERVICE DETAILS / COMPENSATION (PROMOTION INCENTIVE):
The Firm shall pay to you Compensation / Promotion incentive as prescribed in the marketing plan. The marketing plan shall be available at website of the Firm. We will release the promotional compensation to you/your Firm in 6 tranches and the payment shall be directly credited into your Bank Account registered with the Firm. The payment would be made only on successful KYC submission and shall be subjected to the relevant taxes as applicable. The Firm reserves its right to revise the rate of sales incentive from time to time. The Firm does not guarantee/assure any particular or fixed facilitation fees or fixed income to you. In case of any discrepancy the Firm’s decision shall be final and binding upon you.
6. PROGRAM REQUIREMENTS:
You agree that we may use mechanisms that rate, or allow users to rate, our products and/or our performance, and we may make these ratings and feedback publicly available. You agree we may use automated software and other methods to cache, crawl, spider, analyze and examine websites and other properties related to the Program and/or communicate with you through automated or manual channels (including SMSs or e-mails) or verify your details/information provided by you to improve our service and adquality. You will not, directly or indirectly, engage in any fraudulent, impermissible, inappropriate or unlawful activities in connection with your participation in the Program, including: (a) creating accounts with your KYC including money from other person(s)/Party(ies); (b) posting Product Ads for fictitious products; (c) generating fraudulent, repetitive or otherwise invalid clicks, impressions, queries or other interactions, whether through the use of automated applications or otherwise; (d) collecting any user information from any M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com or retrieving, extracting, indexing or caching any portion of any M/s. Siddha Siddhi Enterprises website or services or the websites or services of our affiliates, whether through the use of automated applications or otherwise including for any commercial purposes; (e) submitting information that is incorrect, impersonates another person, inappropriate, obscene, defamatory, infringing or unlawful; (f) targeting communications of any kind on the basis of the intended recipient being a user of any M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com; (g) posting Product Ads which are irrelevant for the local area for which they are posted (h) interfering with the proper working of any M/s. Siddha Siddhi Enterprises Network Property, the Program or our systems; or (i) attempting to bypass any mechanism we use to detect or prevent such activities. In the event that you do not comply with the Program Requirements stated in this Section, the provisions of this Agreement, M/s. Siddha Siddhi Enterprises may, in its sole discretion and without prejudice to any other right it may have under law, suspend your account on M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com or take any other measures as it may deem fit, without any further liability towards you. You shall enjoy the following privileges:- i. Incentive / Compensation for sale of goods /products of the Firm as per marketing plan. ii. No territorial restriction to receive the payment in his/her Bank Account across India. iii. Search and inspect his/her account on website of the Firm through the Unique ID and password awarded by the Firm. iv. Incentive in your Account shall be in proportion to the volume of performance by the Firm either by his personal efforts or directly by Firm as stipulated in the marketing plan of the Firm.
7. RETURN POLICY:
Any product if found damaged or defective or contrary to the display at the time of delivery shall be eligible for replacement and the same has to be intimated within a period of 48 hours on the website/mobile application of the M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com. The product shall be delivered or returned back to us within a period of 15 days at the registered address of the Firm. Such return shall be governed by the return policy published on the website of the Firm.
8. TERM OF THE AGREEMENT:
The term of this Agreement will begin upon your acceptance of this Agreement and will end when you receive the 6th and final tranche of payment is credited into your Bank Account and you will be exited from the program unless otherwise you enter into a new contract or purchase a new product. We may terminate this Agreement at any time, with or without cause, by providing notice to the other party as set forth in this Agreement. Upon termination, all rights and obligations of the parties under this Agreement will end.
Notwithstanding anything stated or provided herein, Firm reserves the complete and unfettered rights and discretion to modify, amend, alter, or very the terms and conditions, products, marketing plan, business and any other policies at anytime without any prior notice. We may modify any of the terms and conditions contained in this Agreement at any time and in our discretion as Firm may deem fit and proper and such modification/amendment shall be applicable and binding upon you from the date of such modification/notification by posting a change notice/revised agreement on M/s. Siddha Siddhi Enterprises Website: www.goodmorningmarketingservices.com or by sending notice of the change to you at the physical or electronic (e.g. email) address we have on file for you or any other mode. Modifications may include, for example, changes in the Product or payment Policies & terms & conditions. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OR SENDING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE RELEVANT M/S. SIDDHA SIDDHI ENTERPRISES WEBSITE: WWW.GOODMORNINGMARKETINGSERVICES.COM OR TO THE RELEVANT ADDRESS WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. We reserve the right to modify or discontinue offering all or any part of the Program at any time without notice. 10. RELATIONSHIP OF PARTIES: You and we are independent marketing/promotion contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, association of persons, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website, blog, social media or otherwise, that reasonably would contradict anything in this Section and might be defamatory or derogatory to us.
You acknowledge that by reason of your relationship with Firm hereunder, it will have access to certain information and materials concerning Firm’s business plans, customers, technology, and products/services that is confidential and of substantial value to Firm, which value would be impaired if such information were disclosed to third parties. You agree that you shall not use in any way for your own account or the account of any third party, nor disclose to any third party, any such confidential information revealed or under your possession by any way directly or indirectly.
11. LIMITED LIABILITY:
The Firm will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, pay-out processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of God or Nature. The Firm makes no claim that the operation of the websites or the Firm network will be error-free and the Firm will not be held liable for any interruptions or errors.
12. NO MIS USE:
It is understood that you shall not use the program in any connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive manner. It is also understood that you or your affiliates shall not try to cheat the system or Firm in an effort to increase your payments/compensations/incentives due.
Each affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship.
14. CHARGING OR RECEIVING ANY PAYMENT FOR ASSISTING YOUR AFFILIATES:
The progress of any affiliate benefits the Firm in many ways. If You recruit, sponsor, or obtain an affiliate through the websites, by any means, you should always be willing to assist such affiliate at no charge to such affiliate. If you are found charging cuts or commissions from such affiliates, your membership status with the Firm will be terminated immediately and any commissions due will be withheld permanently as partial compensation for managing the associated and impacted affiliates.Note that the income slab that is shared has cash-back is genrated on sales of company. It is purely based on sales.
You agree to indemnify, defend and hold harmless us and our affiliates, partners and each of our and their respective officers, directors, employees, agents, successors, assigns and representatives, from and against any and all costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of Advocates and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are “Claims”) which in any way may result from or arise in any manner out of: (a) your participation in the Program; (b) your breach or alleged breach of any representation, warranty or obligation in this Agreement or the Local Policies; including any Claim of actual or alleged infringement or misappropriation of any third party’s intellectual property rights. At our option, you will assume control of the defense and settlement of any Claim subject to indemnification by you.
16. CUSTOMER COMPLAINTS:
You shall notify the Firm of any complaints regarding either the Products or the services provided by us and immediately forward to Firm the information regarding those Complaints.
17. RECOURSE AND JURISDICTION:
The terms and conditions stipulated in the foregoing paragraphs shall begoverned in accordance with the law in force in India. All Disputes, eithercivil or criminal in nature, shall be subject to the exclusive jurisdiction of theCourts in Mumbai, Maharashtra, India only and nowhere else.
18. FORCE MAJEURE:
The Firm shall not be liable for any failure to perform its obligations where such failure has resulted due to Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Firm’s asset by the government to any other government/semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.
19. SOLEMNLY AFFIRM AND DECLARE AS FOLLOWS:
i. That I have read and understood the terms and conditions for appointment as Member of the Firm.
ii. I have also gone through the Firm’s official website, printed materials,payments terms & conditions and convinced about the business and I have agreed to act as a Promotion / Marketing contractor on my own volition.
iii. I declare that I have not been given any assurance or promise or inducement by the Firm or its Partners in regard to any fixed income incentive, compensation, prize or benefit on account of the products purchased by me.
iv. I have clearly understood that eligibility of income exclusively depends on overall performance in business volume as per the business plan. I further agree that firm reserves the right to change the Business Plan at any point of time without any prior notice.
v. I undertake not to misguide or induce dishonestly anybody to join & become the member of the Firm.
vi. I hereby agree and adhere to the terms and conditions as stipulated along with the application form and as mentioned above to agree to purchase the product as Consumer/to act as a Promotion / Marketing Partner.