CODE OF CONDUCT: -
DEFINITIONS: -
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Channel Partner/Dealer refers to an entity or individual that involved in facilitating
the sale of plots on behalf of the Company.
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Code of ethics a formal document that outlines the principles and values guiding the
behaviour and decision-making of Channel Partner/Dealer as laid down by the
Company.
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Conduct refers to the manner in which a Channel partner/Dealer behaves or acts,
particularly in relation to others
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Confidential information refers to sensitive details about the property, the parties
involved, and the transaction process that should not be disclosed to unauthorized
individuals.
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Commission refers to the financial compensation payable to the Plot Holder by the
Company in the event that the Company generates business as a direct seller of the
Plot Holder’s Promotion
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Company refers to Mirrikh Infratech Pvt Ltd, having its registered office at 707,
Rajhans Montessa, Magdalla, Dumas Road, Surat-395 007, Gujarat, India and
includes its successors, affiliates and permitted assigns.
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Dealer refers to the Plot holder who, after purchasing a plot from the Company, also
assumes the role of the Dealer, promoting and selling plot or generating leads for plot
sales.
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Operational Costs shall mean all costs and expenses incurred in the general
management, administration, and operation of a business or project, including but not
limited to employee salaries, office expenses, utilities, regulatory fees, legal and
accounting services, travel and communication expenses, and any other overhead
costs necessary for the efficient functioning and maintenance of the organization or
project.
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Plot refers to the specific parcel of land located in the project of the Company
purchased by the Plot Holder under the agreement.
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Plot Holder refers to an individual or entity purchasing the plot or parcel of land
located in the project of the Company.
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Referral refers to a successful lead generated by the Plot holder/Dealer that directly
results in the sale of a plot or other business for the Company. Referral success will be
determined by the Company, and commission will be payable upon the completion of
a successful sale.
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Secrecy refers to the act of hiding, keeping something secret, or preventing something
from being discovered or known.
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Social Media Promotion refers to the obligation of the Plot Holder to post content
related to the Company’s projects on social media platforms, such as Facebook,
Instagram, LinkedIn, or Twitter, at least 4 (Four) Times per month, or once a week.
TERMS & CONDITIONS FOR PLOT BOOKING: -
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All plans, advantages, progress, forecast pertaining to the development of the
region/land or area shall be dependent on the forecast of the Government.
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All benefits represented on the website are indicative in nature.
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All documents such as plans, brochures and deeds etc. indicate gross plot area of plot
in square yards/square feet. Gross plot area is calculated for due contribution towards
roads, common plots, common amenities and other areas of similar usage in the
project.
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Stamp duty, registration fee and other charges maintenance charges, electricity. Legal
and all taxes present or future as per prevailing laws and if applicable shall be borne
by the proposed purchaser
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Any payment made towards purchase of land shall be done in favour MIRRIKH
INFRATECH PVT. LTD.
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In case the contact number provided during the purchase of the plot is not that of the
Plot Holder but of another person, any message or notifications sent to this provided
number will be deemed as received by the Plot holder.
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The browser/user/investor agrees and accepts that all right to change, modify, cancel
the whole or any part of plans, amenities, layouts, terms, rate, deposits, charges etc.
shall vest solely with the company and all such changes will be binding and
acceptable to the proposed purchaser. Such a change in plan/layout shall not, in any
manner, affect any rights of the purchaser of the land with respect to the purchased
land. All information regarding such changes in the plans/layouts the location of the
reserved plot/s shall be intimated by a written communication through a letter posted
to the purchaser’s address or through registered electronic mail of the purchaser.
However, any changes resulting from Government directives regarding the plans or
layouts shall not require any notification to the Plot Holder.
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The proposed purchaser/s is /are shall be subject to all laws pertaining to transfer of
land, applicable revenue laws, bye-laws, etc. which are subject to change by the
Central or State Government.
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If the Purchaser has availed EMI facility for payment and fails to pay EMI for 3
consecutive months or for three times in aggregate whichever is earlier; the Company
has within its rights to initiate the process of cancelling Plot and also resell the same
plot to another person, for which no written permission will be required. All payments
made prior to such resell by the defaulting party shall stand forfeited.
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In case of cancellation of booking by the purchaser, 50% of the amount received from
the Plot Holder shall stand forfeited and BPC paid amount will also be deducted from
refundable amount. Any amounts towards the pending refund will be paid after the
company has resold the plot and refund amount through such sale are realized and till
then the party cancelling the plot agrees to wait without any litigation and without
expectation of any interest on the paid amount.
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Cheque returns charges shall be Rs. 1000/- for each return and shall be paid by the
proposed purchaser to the company.
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Acceptance of payment towards reservation of the plot is subject to the rules and
regulations of the project, brochure, reservation term sheet, effective payment plan,
commercial terms, government rules and regulation applicable from time to time.
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The brochure of the project is for general idea only and does not form part of any
legal document.
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All disputes pertaining to the transaction shall be attempted to be resolved amicably
and be subject to Surat jurisdiction.
TERMS AND CONDITIONS FOR DEALER:
WHAT IS DIRECT SELLING?
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A Direct Selling business is a business model where a company sells products or
services directly to consumers without the use of a third party. The sales can happen in a
chain of persons who may or may not be the purchaser of the product and also the seller
of the same product.
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Direct selling is a growing and exciting industry that provides companies an alternative
channel for the distribution and sale of products and/or services directly to customers,
away from a traditional retail location. The industry uses a variety of distribution
methods; multilevel marketing and network marketing being two of it.
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In India, Direct Selling business through multi-level marketing is a recognized and
approved method of doing business that passes benefits of returns to all those who
become a part of the chain.
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The Direct Selling business is governed by The Consumer Protection (Direct Selling)
Rules, 2021. All policies and procedures of the Company for direct sales of its product is
governed by the said law.
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The Plot Holder himself becomes the Dealer, as soon as he purchases the Plot from the
Company. Hereunder are mentioned the roles and responsibilities of the Dealer towards
the Company as well as the Customers.
ROLES AND RESPONSIBILITIES OF THE DEALER TOWARDS THE
COMPANY:
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The Dealer shall actively seek out business opportunities for the Company, generate
leads for potential buyers, and promote the sale of additional plots. The Dealer will be
responsible for driving interest through their network and any other promotional
channels.
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If the Dealer successfully sells a plot to a new client, it is the Dealer’s responsibility to
ensure timely and full payment from the client to the Company. The Dealer must assist
in ensuring the smooth completion of transactions and ensuring that payments are
cleared on time.
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The Dealer must regularly report leads and successful sales to the Company. The
Company will determine the validity of each lead and sale for the purpose of
commission calculations.
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The Dealer must ensure that all sales efforts align with the Company’s guidelines and
policies, including accurate representation of plot pricing, features, and terms.
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The Dealer must ensure that international clients are aware of the accepted payment
methods, currency conversions, and any potential fees related to foreign transactions.
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If the plot sale involves foreign currency transactions, the Dealer must coordinate with
the Company to ensure the process complies with Indian foreign exchange regulations
and banking policies
ROLES AND RESPONSIBILITIES OF THE DEALER TOWARDS THE CLIENT:
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The Dealer is responsible for providing accurate and honest information to prospective
buyers regarding the plot’s features, pricing, location, and any other details.
Misrepresentation of any kind may result in legal action and termination of this
Agreement.
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The Dealer must engage with potential clients in a professional and transparent manner,
ensuring that all communications, including promotional materials, meet the ethical
standards expected by the Company.
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The Dealer is responsible for addressing any questions or concerns that clients may have
about the plot, project, or the purchase process. If needed, the Dealer should direct
clients to the Company for further assistance.
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The Dealer must continue to engage with the client even after the sale is completed,
ensuring that the client receives any necessary documentation and support in
coordination with the Company. Any post-sale issues must be communicated to the
Company in a timely manner.
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The Dealer must help international clients navigate the legal formalities required to
purchase a plot in India, such as complying with Indian real estate laws, FDI regulations,
or any residency requirements.
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The Dealer should provide ongoing support to international clients regarding post-sale
issues, including coordination with the Company for documents required for repatriation
of funds, compliance with real estate laws, and dispute resolution.
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The Plot Holder will have to adhere with the responsibility towards the Company as well
as the end customers, within the capacity of the Plot Holder as well as the Dealer for a
period of 2 (Two) Years after the expiration or termination of the Agreement
COMMISSION AND INCENTIVES:
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The Dealer, upon successful sale of the plot, will be entitled to a referral commission
decided by the Company. This commission will be payable once the sale is completed,
and the Company has received the full payment from the client referred by the Dealer.
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The Dealer will assist with handling documentation, payment coordination, and
compliance with local and international regulations. The commission for international
sales will be calculated based on the net sale price after currency conversion and
payment of any foreign transaction fees, and it will be disbursed upon successful
completion of the sale and receipt of full payment from the international client
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The Company agrees to disburse all commissions within 10 (Ten) Working Days after
receiving full payment from the buyer. Payments will be made directly to the Dealer’s
designated bank account. In the case of foreign transactions, commissions will be
calculated based on the net sale price after accounting for currency exchange rates and
applicable fees.
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If a sale is not successfully completed due to the buyer’s failure to make payments or for
other reasons outside the control of the Company, no commission or incentive will be
payable to the Dealer for that transaction.
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The Company reserves the right to adjust the commission rates based on changes in the
market, regulatory environment, or other business conditions. Any changes to the
5commission structure will be communicated to the Dealer in advance and will apply only
to future sales or referrals.
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. If the Dealer is found to be in violation of the terms of this Agreement, including failure
to meet promotional requirements or dissemination of false or negative information, the
Company reserves the right to withhold or forfeit any commissions or incentives owed to
the Dealer
CODE OF ETHICS
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Mirrikh expects all Channel Partners/Dealers to conduct the business with utmost
honesty, sincerity and integrity. Mirrikh does not and shall never entertain any kind of
dishonest approach, deceptive promises and misleading statement made by any Channel
Partner/Dealers to any prospective purchaser.
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This Code of Ethics forms an integral part of the Mirrikh Policies and Procedures and all
other regulations and agreements currently in place, which bind every Channel
Partner/Dealer. Any breach of the Code, Policies & Procedures, scope of work,
regulations and agreements in place will lead to action(s) being taken by Mirrikh in
accordance with the company’s Policies & Procedures.
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The Code of Ethics is binding on all Channel partners/Dealers and explains proper
conduct of business for Channel Partner/Dealers to practice. Additionally, and
correspondingly, Mirrikh encourages all Channel Partner/Dealers to obtain and observe
the Code of Ethics that has been provided by Government of India (Direct Selling
Association) Guideline in their respective countries if and where applicable.
OBLIGATION OF DIRECT SELLER: -
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Qualification:
In order to be a Dealer of Mirrikh’s business, the following qualifications are
necessary to be possessed by the Channel Partner/Dealer. The Channel Partner/Dealer
shall:
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Pay the token price for purchase of land/plot offered by Mirrikh and attempt to
complete the further payment within the stipulated duration as provided by
Mirrikh;
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Not be engaged in the same business of selling properties and especially any
project of the Company;
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Possess some experience in the field of direct selling or multi-level marketing or
display the relevant qualities necessary to expand such business
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Gain reasonable qualification so as to be able to understand, communicate and
represent the business of Mirrikh to an individual person or a group
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Possess qualities of public speaking and personality development to be able to
speak on stage.
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Take frequent follow ups, conduct meetings with interested parties, make
arrangements for seminars, summits, to be conducted by Company and diligently
reach out to all parties attending such events.
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Follow instructions of Mirrikh, carry out all instructions of the Company
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Motivate the team developed by the Channel Partner, conduct meetings, continue
healthy interactions with everyone and boost their morale for business from time
to time.
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Contact and Communications
The Channel Partner/Dealer hereby agrees and undertakes that he/she:
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will at all times, when contacting anyone either from a telephone list,
online/offline lead generated or by other means, respect the privacy and wishes of
the person contacted;
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will speak and behave in a calm and composed manner with polite temperament
and shall never engage in objectionable or abusive conduct. The Channel Partner
shall never involve himself/herself in unfair or aggressive conduct when
contacting or dealing with any other person in relation to Mirrikh or opportunity it
provides. In any instance where the person contacted shall answer in a
derogatory/insulting manner, the Channel Partner/Dealer shall remain silent or
conclude the conversation politely without further argument.
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will not mark any derogatory/stereotypical/prejudicial remarks regarding any
person / company / organisation / enterprise / community / caste / race / religion / gender / physical status / economical background/ colour of any person so as to hurt their
sentiments;
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will offer the opportunities of, and association with Mirrikh, on its merits without
exaggeration, concealment, curiosity or misrepresentation;
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will ensure that they maintain their personal presentation in dress, language and
documentation to the highest possible standard
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will observe the provisions of the law and good manners regarding times and days
when making the call and appointments.
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will explain the project, the associated benefits in investing in the project, the
documentary formalities necessary, the legalities and rights of the Purchaser and
Seller both during the transaction and the various schemes/offers of the company.
All such information shall be shared only to the extent that the company’s
confidential information is not breached in any manner and the information
provided shall, to the extent of the knowledge of the Channel Partner be true and
honest and in accordance with the benefits explained by the Company to the
channel partner.
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will provide continuous guidance and support to the company as well as the
purchaser during and after the completion of the deal for any such further work
required to be done in order to expand the company’s profitability and also serve
as one point contact between the Company and the Purchaser.
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shall acquire as much details as possible from the company for the purposes of
sale of the plot/land/project or any part thereof from the company in order to
present it to the potential buyers/other channel partners.
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will not take advantage of another person’s disabilities or weaknesses, such as
illness, age, infirmity, lack of education or unfamiliarity with language;
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will not actively solicit or demand orders for Mirrikh products by anything other
than an offer to collate any order a Channel Partner/Dealer wishes to make,
including by the use of physical force, undue harassment or coercion;
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will not refuse to identify themselves when requested to do so.
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Representing Opportunity:
Channel Partner/Dealer presenting the Business Plan is a representative of the
Company and shall accordingly conduct himself/herself in all the Training Events,
business summits or Seminar or Mirrikh Channel Partner/Dealer Meeting. The
Channel Partner/Dealer further shall:
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not falsely represent to any person any details regarding the financial rewards,
incentives and benefits available under the Mirrikh Plan;
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not make any false or misleading representations about the features of Mirrikh’s
products, services and programmes, including as to their standard, quality, value,
characteristics, accessories, uses for a particular purpose, merchantability or
benefits;
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not make any false or misleading representations about the price of Mirrikh
products or services;
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not make any unwarranted comparisons with the competitor’s businesses;
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not over commit to any person regarding any deliverables/benefits in the attempt to
maximise his/her sale portfolio;
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not provide his personal details as to financial growth and income to lure anyone
into falsely engaging in the business;
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make it thoroughly clear to any person to whom the Channel Partner/Dealer
discusses the opportunity that financial rewards to Channel Partner/Dealers are
based on a Channel Partner/Dealers individual performance and explain all the
works necessary to be done in order to achieve a particular status/benefit in the
company;
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use official literature as approved by Mirrikh including forms, scripts and other
tools and shall ensure the preservation of the Intellectual Property of the Company
at all times
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assess the liabilities and qualification of any potential Channel partner/Dealer who
wants to join the Company’s business.
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Explaining The Business Plan
When presenting or discussing the Mirrikh Business Plan and the Benefits which
might be available, a Channel Partner/Dealer must generally rely for reference on
company literature and observe the following regarding the contents of the Business
Plan:
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if predictions as to profitability are made, they should reflect what an average
person carrying on the Business would achieve under normal circumstances;
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if any estimates of profits are made, the assumptions on which they are based
should be clearly stated
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where there is no previous experience on which to base expectations as to
profitability, this should be stated when making the representation.
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all probabilities of business profits and corresponding efforts should clearly be
stated
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the explanation offered shall be based on the material/content/images/Power Point
presentations and such company approved data alone
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any success stories shared shall only be after Company’s approval and only to the
extent that does not violate any terms of confidentiality imposed by the Company
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not represent or mention anything contrary to law
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be bound within the limitations imposed by the Company while explaining the
project and also mention the same to the prospective purchaser/interested parties
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make clear explanation in the preferred language of communication to the people
to whom the plan is to be explained
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make clear explanation in the preferred language of communication to the people
to whom the plan is to be explained
When presenting or discussing the Mirrikh Business Plan, a Channel Partner/Dealer
must not make false representations concerning:
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any risks likely to be associated with carrying on the business;
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the amount of time the average person would have to devote to carrying on the
business;
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the annual expenditure and the annual gross income which the average person
carrying on the business might expect and the method of calculating those figures.
OBLIGATIONS OF MIRRIKH:
Mirrikh will ensure as hereunder that:
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its employees will at all times act in a manner which does not conflict with the best
legitimate interests of a Channel Partner/Dealer and carry out duties in accordance
with professional courtesy and integrity;
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Channel Partner/Dealers are kept well informed regarding laws applicable to the
business and duties of Channel Partner/Dealers and other essential facts and public
policies which affect such business and duties and will comply with all the
requirements thereof;
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Full cooperation of its employees is given to Channel Partner/Dealers with respect
to advising them about matters which affect them;
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It acts in the Channel Partner/Dealers legitimate interest to the best of its abilities.
DISCLAIMER:
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The Company disowns all responsibility for the illegal actions of its Channel
Partners and their Senior
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The Company does not authorize the Channel Partner and their Senior to engage
in fake schemes and illegal business. The Business carried on by the Company is
legal and abides by the terms and conditions of applicable laws in India.
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If the Channel Partner and their Senior shall, in any manner, breach the terms of
this Agreement and thereby leads to tarnishing the reputation of the Company in
any manner or causes, by his conduct not akin to the acceptable terms of
9association hereto mentioned; resulting in financial, business, consequential
losses, then the Company reserves the right to stay indemnified of all such losses
by recovering the same from the Channel Partner and their Senior.
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Further, if the company or its directors, employees and any associate face any
legal consequences due to any actions of the Channel Partner and their Senior, the
same shall be indemnified by the Channel Partner whose actions have led to legal
complications.
GENERAL OBLIGATIONS: -
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Authorization Limit
Authorization of a Channel Partner/Dealer is limited. They shall refer any matter
pertaining to MIRRIKH to the designated Company Representative. A Channel
Partner/Dealer shall not interfere in any decision-making process without prior
written approval from the Company Representative.
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Poaching Channel Partner/Dealers
Mirrikh does not condone the international poaching of other competitor’s
Channel Partner/Dealers or Channel Partner/Dealers from another line of referral
ship within the Mirrikh Business.
USE OF MIRRIKH PROPERTY: -
As trademarks, logos and service marks are registered and owned by Mirrikh and/or
its affiliates, all written materials are the copyright of Mirrikh. The use of trademarks,
logos or service marks or the publication of copyright materials may only be
undertaken with the written authorization from Mirrikh and not otherwise.
PRODUCT CLAIMS: -
Mirrikh publishes detailed data about its products which is verifiable, accurate and
complete. A Channel Partner/Dealer must not make claims about any Mirrikh
products or services unless they are sourced from appropriate official company
literature and accurately reflect the information contained in the appropriate literature.
SOCIAL MEDIA POLICY: -
Channel Partner/Dealers are permitted to discuss and promote their business on social
media platforms such as blogs, Facebook, WhatsApp, YouTube, Instagram, LinkedIn,
MySpace, Instagram etc. The following is the Company’s policy and guidelines on
such representation. The absence of, or lack of explicit reference to a specific site,
does not limit the extent of the application of this policy. Where no policy or
guideline exists, Channel Partner/Dealers should use their professional judgment and
take the most prudent action possible
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Personal blogs, websites and social media profiles should have clear disclaimers
that the views expressed by the author are the author’s alone and do not represent
the views of the Company. E.g. – “The opinions and positions expressed are my
own and do not necessarily reflect those of Mirrikh Infratech Pvt Ltd.”
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The Channel Partner must represent itself accurately and clearly state the
relationship with the Company as Channel Partner/Dealers. No other claims may
be made as employee, agent or otherwise.
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The Channel Partner may not use the Company’s trademarks or brands in any
username or handle in any social media platform. These include but are not
limited to Twitter, Facebook, and LinkedIn.
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Information published on blogs, websites and social media profiles of the Channel
Partner should comply and adhere with the Mirrikh’s Policies & Procedures (See
clause 11.03, 11.04 and 11.05 of the Policies & Procedures). This also applies to
comments posted on other blogs, forums, and social networking sites.
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Channel Partner/Dealers may not use or attempt to register or sell any of Mirrikh
and its associated companies’ trade names, trademarks, service names, service
marks, product names, or any derivative thereof, for any internet domain name or
email address (See 10.03 (c) of the Policies & Procedures).
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The Channel Partner/Dealer shall identify itself with the brand image and the
values of the Company. As such, Channel partners' online activity can affect
others’ perceptions of the Company, its products, and services. It is therefore
important for Channel partners/Dealers to be aware that their actions, captured via
images, posts, or comments, can reflect on the Company. The following
guidelines must be adhered to for posting any content online:
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Channel Partners/Dealers must use only text found on the Company’s official
website.
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Channel Partners/Dealers may not supplement the content of their website or
social networking profile with text from any source other than the Company.
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Channel Partners/Dealers must respect copyright laws, and reference or cite
sources appropriately.
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Channel Partner/Dealers must always disclose their relationship or identify
themselves as a Mirrikh/UNIQIRA Channel Partner/Dealer when making any
comment in regard to UNIQIRA and/or its products, and in the company- Mirrikh.
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Channel Partner/Dealer who provide testimonials online must be truthful and
subject to typical results.
E.g. 1 – “Bone Health cured my knee joint problem” While that may be an honest
opinion, it is not a typical result, and therefore, any such opinion posted online
would be in violation of the current guidelines, unless there is valid research to
support the claim.
E.g. 2 - “I made INR 25,000 in one month with Mirrikh, and the Channel
Partner/Dealer can too.” While this statement may be true, the result is not
“typical”. Such statements would be in violation of the current guidelines.
Whenever discussing earnings, Channel Partner/Dealer should refer to clause
11.02 of Mirrikh’s Policies & Procedures for guidance on this subject matter.
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For paid Internet advertising such as Facebook ads, the Company’s logo or
trademark may not be used. All links must be directed to the Channel
Partner/Dealer’s Personal Website and not the Company’s official site.
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Complaint Redressal: For any complaints regarding business, returns on
investment, disputes with customer, disputes with employee/company’s
11representative, etc. shall be directed to Contact No.: 0091-261-4813809, E-mail
ID: info@mirrikh.com.
The above stated portals shall be used for filing complaint with the Company. The
Company shall revert with solutions to the addressed problems. If any complaint is
received by any customer/investor against any Channel Partner/ Dealer, the same shall
be investigated by the Company and show cause notice will be raised to the Channel
Partner/Dealer. Any Channel Partner/Dealer found guilty shall have his benefits
ceased without notice by the Company. Using other social media to express
grievances publicly shall amount to defamation against the Company and Company
reserves the right to file legal suit against the same.
NON-COMPETE CLAUSE: -
The Channel Partner/Dealer agrees that, during the term of this Agreement and for a
period of two (2) years following the termination of this Agreement, they shall not,
directly or indirectly:
-
Engage in, own, operate, manage, control, or participate in any business that
competes with the Company, including but not limited to the sale, marketing, or
promotion of plots, real estate, or any other services provided by the Company.
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Solicit or attempt to solicit any current or prospective customers, investors, or
business associates of the Company with whom the Channel Partner/Dealer has
had contact or access to confidential information during the term of this
Agreement.
TERMINATION: -
The Company reserves the right to terminate with immediate effect in the event of any
of the following occurrences:
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Solicitation: If the Purchaser or any associate party engages in any unauthorised
solicitation, including but not limited to soliciting business, clients, or any
individuals or entities associated with the Company without prior written consent.
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Overpricing: If the Purchaser or associated parties engage in overpricing or
unauthorised pricing adjustments for the Company’s products or services in any
transaction or communication.
-
Misrepresentation: If the Purchaser provides false, misleading or fraudulent
information regarding the nature of the business, products, services or other
aspects related to the agreement, resulting in misrepresentation
-
Breach of Agreement: If the Purchaser breaches any terms, conditions,
representation, warranties or obligations outlined in this Agreement.
Upon termination, the Company shall be entitled to any remedies available by law,
including but not limited to recovery of damages, indemnification, and forfeiture of
payments made by the purchaser as deemed necessary. Any outstanding obligations of
the purchaser under this agreement shall survive termination to the extent required by
law or by this agreement
DISPUTE RESOLUTION:
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Any disputes, controversies, or claims arising out of or in connection with this
Agreement, including any questions regarding its existence, validity, or
termination, shall be resolved amicably through mutual discussions between the
parties. If the parties are unable to resolve the dispute through discussions within
30 days, the dispute shall be referred to arbitration.
-
The arbitration shall be conducted in accordance with the Arbitration and
Conciliation Act, 1996, and any amendments thereto. The seat and venue of
arbitration shall be Surat, Gujarat, and the language of arbitration shall be English.
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The arbitral tribunal shall consist of a sole arbitrator appointed by mutual
agreement of the parties. If the parties are unable to agree on an arbitrator within
15 days of the notice of arbitration, the arbitrator shall be appointed in accordance
with the rules of the Arbitration and Conciliation Act.
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The decision of the arbitrator shall be final and binding on both parties. Each
party shall bear its own costs and expenses in connection with the arbitration,
unless otherwise directed by the arbitrator. The courts in Surat, Gujarat, shall have
exclusive jurisdiction over matters related to this arbitration agreement and any
interim relief.
FORCE MAJEURE:
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For the purposes of this Agreement, "Force Majeure" shall mean any event or
circumstance beyond the reasonable control of either party that prevents or
hinders the performance of any of their obligations under this Agreement. Such
events may include, but are not limited to:
-
Acts of God, such as earthquakes, floods, fires, storms, or other natural
disasters.
-
War, terrorism, insurrection, civil disturbance, or acts of public enemies.
-
Strikes, lockouts, labor disputes, or industrial action affecting the performance
of this Agreement.
-
Government actions, regulations, or restrictions, including changes in law or
policy.
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Epidemics, pandemics, or widespread health emergencies.
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Any other cause or circumstance that could not have been reasonably foreseen
or prevented by the affected party.
-
If a Force Majeure event occurs, the party affected by the Force Majeure shall not
be liable for any failure to perform its obligations under this Agreement during the
period that the Force Majeure event is in effect.
-
In the event that future government regulations, laws, or policies are enacted or
amended that directly or indirectly affect the nature of the collaboration between
the Plot Holder and the Company, such as restrictions on the Business Promotion
Incentive Plan:
-
The Company shall be entitled to modify or change the procedures, methods,
or structure of this collaboration as necessary to comply with such regulations
or policies.
-
The Company will provide the Plot Holder with reasonable notice of any such
changes and will make efforts to ensure that the Plot Holder continues to
benefit from the arrangement under modified terms.
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If the changes significantly affect the Plot Holder's rights or benefits under this
Agreement, the Plot Holder shall have the option to terminate their
participation in the BPC Plan, without any penalties, by providing written
notice to the Company within thirty (30) days of receiving notice of the
changes.
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If the Force Majeure event continues for a period of more than ninety (90)
consecutive days and prevents a party from performing a material obligation
under this Agreement, either party may terminate this Agreement upon written
notice to the other party.
NON-SOLITICATION:
The Plot Holder/Dealer agrees not to solicit, induce, or attempt to solicit or induce any
employees, clients, or business contacts of the Company to terminate their
relationship with the Company for a period of 2 (Two) Years following the
termination of this Agreement.