1- Objectives of PPMT:
This Policy & Procedure Manual clearly explains the rights and obligations between Thamesbay Marketing LLP (the 'Company') and it's Distributors. The Policy & Procedure Manual, the Application Form, Contract / E contract that is accepted by the company and the Thamesbay Business Plan together govern the total contractual relationship between the Company and its Distributors
2- Meanings and Definitions:
- "Customer" is a person who purchases any product from the website www.thamesbay.com on MRP, or from Authorised outlets.
- requirement and agrees to work with Thamesbay by accepting Thamesbay Terms & Conditions, Policy, Procedures and the Business plan.
- "Direct Seller" means a person appointed or authorized, directly or indirectly, by a Direct Selling Entity through a legally enforceable written contract to undertake direct selling business on principal to principal basis.
- "Agreement" means the duly filled Application Form, Contract / E contract along with the Terms & Conditions mentioned on the company website (www.thamesbay.com) that was agreed by a Distributor and subsequently accepted by the Company.
- "Company" means THAMESBAY MARKETING LLP also referred as THAMESBAY, which is a company incorporated under Limited Liability Partnership Act 2008 and having its corporate office at 40/2870 A, Chandrika Building, 1st Floor, Pipe Line Road, Palarivattom, Ernakulam Kerala, 682024
- "Website" means the official website of the company, That is www.thamesbay.com
- "Prospect" means a person to whom an offer or a proposal is made by the Existing Thamesbay Distributor to know more about a Direct Selling Opportunity.
- "Introducer" means a Distributor who introduces Retail Customers or other Distributors by helping them / training them to become Distributors of Thamesbay Marketing LLP.
- "Thamesbay Business Plan" means the Thamesbay Compensation Plan. It is the system followed by Thamesbay Marketing LLP to compensate the Thamesbay Distributors which illustrates the mode of sharing of Compensation, profits and commission, including financial and non-financial benefits, paid by the Thamesbay Marketing LLP to the Thamesbay Distributor on weekly, monthly or periodic or yearly basis, as the case may be.
- "T&C" means the Terms & Conditions as stated by Thamesbay herein.
- "Genealogy" means the relative positioning or relationship of Distributors in the Company's database.
- "Downline" means the Customer or Distributor below a specific Distributor respectively in the Genealogy, as the context requires.
- "Upline" means the Distributor above a specific Distributor respectively in the Genealogy, as the context requires.
- "Products" means any products the company deals with.
- "Distributor Identification Number" means the unique identification number that the Company assigns to a Distributor when the Company accepts and identifies that person as its Distributor. This Distributor Identification Number may be an Alpha – Numeric figure. And the Number would be printed in an ID Card.
- "Cooling Off" Thamesbay Business Plan allows the Distributor to cancel their participation within a period of 30 days from the date of Contract signing and receive the goods purchased.
- "Thamesbay Guarantee" Thamesbay Marketing LLP offers 100% guarantee to its Customers and / or Distributors on Product Quality, and offering 30 day Buy Back and Cooling off Period.
- "Buy Back Policy" Thamesbay provides 30 days period to their Customers and / or Distributors to return the product, where goods need to be returned in marketable position.
- "Grievance Cell"/ "Complaints Redressal" Thamesbay Business Plan allows the Customer / Distributor to Register their complaints, and it would be solved through the simple process.
3- Thamesbay Independent Distributor:
3.01 Who can become a Thamesbay Independent Distributor, and How. ?
- Thamesbay Independent Distributor and Distributor are used in same meaning in PPMT, T&C and Business Plan.
- To become a Distributor of Thamesbay Marketing LLP, the individual must be an Indian citizen. He / she must have attained the age of Maturity.
- The Applicant should be competent to enter into a contract as provided in the Indian Contract Act 1872.
- It is mandatory that the Applicant must have attained the age18 years and above. Necessary proof needed should be submitted as and when required by the Company.
- Prospective customers should possess a good moral character and should not have any past or present criminal records and background.
- People who want to purchase a Thamesbay product and wish to become a Distributor, He/ She, the applicant shall visit the company official website, www.thamesbay.com.
- To be a customer of Thamesbay Marketing LLP, He/ She must fill, sign and submit the Distributor Application Form along with self-attested KYC documents as required by Thamesbay Marketing LLP.
- Registration in Thamesbay Marketing LLP is 100% free.
- Thamesbay Marketing LLP reserves the right to accept or reject any application / Registration Form without having to give any explanation whatsoever.
- Upon the receipt of Product price, the product will be dispatched and the details will be notified through the registered mobile number of the Applicant.
- In case of non-receipt of Customer ID& Password within 4 days, applicant shall inform the same through the mail id: firstname.lastname@example.org
- After receiving the required copies of ID proof, PAN card etc., of the Applicant, A Distributor's ID card will be issued to the Applicant.
- Thamesbay shall allot Identification number on Legitimate PAN Information if not then the stipulated Law of the land shall be applied.
- Thamesbay allows only one distributorship for one PAN card.
- Applicant must have carefully read the Terms & Conditions and Policy & Procedure of the company published in the website, and understood the same in his/ her own language.
- By becoming a Thamesbay Independent distributor, the person agrees all the terms and conditions given by the company in its PPM, T&C, Website and others.
- Prospective distributor / new distributor should undergo mandatory orientation session about direct selling and products (Usages/ Applications) of the company.
3.02 How can a Distributor Introduce a New Customer / Distributor?
- Registered Distributor should carry his/her identity proof (Company issued Identity Card / Welcome Letter) and visit the prospective customer's (Called Prospects) premises in a professional way with prior appointment / approval only.
- As the first stage, before sales representation, the distributor has to introduce the company by truthfully explaining the identity of Thamesbay, the nature of the goods or services sold on the website and the purpose of the solicitation
- Provide accurate and complete explanations and demonstrations of product we deal with, usages, prices, terms of payment, return policies, terms of guarantee, after-sales service etc. to the prospective consumer / Distributor >
- A Distributor who introduces another Distributor(s) to Thamesbay must train the new Distributor(s) in product knowledge, effective sales techniques, the Business Plan, and the Policies and Procedures of the company. Distributor(s) must also supervise and monitor the new Distributor(s) in their Downline Organization to ensure that they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As a Distributor progresses through the various Levels of leadership, his / her responsibilities to train and motivate Downline Distributor(s) will increase accordingly.
- Provide the following information to the prospect / consumers at the time of sale:
1) Name, Address, Registration Number, Identity Proof, ID card and Mobile number of the Distributor and Direct selling entity as well.
2) A description of products to be supplied.
3) Details of Goods Return Policy / Buy Back Policy of the company in the details before the transaction.
4) The Order date, the total amount to be paid by the consumer along with the bill and receipt.
5) Time and place for inspection of the sample and delivery of goods.
6) Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail refund on sums paid.
7) Explanation on Cooling Off period in which he / she can cancel the participation and receive refund of the goods purchased.
8) Details regarding the complaint / grievance redressal mechanism.
3.03 Multiple Submissions of Distributor Application Forms
If an applicant submits more than one Application Forms to be a Distributor, only the first completed application received by the Company will be accepted. The rest will be rejected.
3.04 Distributor's Introducers
For Customer of the Company who later applies to become an Distributor, his / her last Introducer for his / her purchase shall also be his / her Introducer of his / her Distributorship, unless the Customer's last purchase from the Company was more than six (6) months before his / her Application and in his / her application he / she states another Distributor as his / her Introducers.
Once the Company accepts an applicant's filled Distributor Application Form, the Company will grant to the applicant a Distributor status within the Thamesbay Business Plan. The Company will give the Distributor a Distributor Identification Number and shall include his / her Distributor Identification Number in all his / her orders and correspondences with the Company. An ID card will also be provided by the company.
3.06 Application with a Fictitious or assumed name
A person or business entity cannot apply to be a Distributor using a fictitious or assumed name, other than her/ his/ it's real or legal name
3.07 Refund and Return Policy
Customers and / or Distributors are hereby notified that Products are subject to the refund and buy back guarantee published in Thamesbay Website.
4 Distributor's Rights and Obligations
A Distributor is a representative having the rights and obligations conferred by the Policy & Procedure Manual along with the details mentioned in the Thamesbay Business Plan to use & refer the products of the Company.
4.02 Right to Introduce
Only a Distributor has a right to introduce Customers and / or new Distributor to the Company and enjoys the benefits under the Thamesbay Business Plan for doing so. When introducing new Distributors to the Company, the introducing Distributor shall give the person/s that he / she intends to refer a copy of the Policy & Procedure Manual, a Distributor Application Form with Contract, and details of the Thamesbay Business Plan.
4.03 No right to represent Company- An employee
A. It is to be seriously noted that a Distributor is not a franchisee, partner, and employee of the Company. He / she has no right to, and shall not, represent himself / herself as such. The relationship between a Distributor and the Company is wholly governed by this Policy & Procedure Manual Any breach of this Manual from the side of the Distributor is a serious breach of the Policy & Procedure Manual and may result in the immediate termination of his / her Distributorship.
B. A Distributor has no right at all to negotiate or conclude any contract on behalf of the Company. Nor shall he / she hold himself / herself out as having such a right.
C. Since a Distributor is not an employee of Thamesbay, any costs he / she incur in the development of his / her business are at his / her own costs and expenses. He / she shall not be entitled to seek reimbursement in any form from the Company.
4.04 Rights to Company literatures and communication, etc.; Rights to participate in Company functions
Distributors may receive periodic literature and other communication from the Company. They will also be invited to, and upon payment of appropriate charges if applicable, participate in Company-sponsored support, service, training, motivational and recognition functions. They may also be invited to participate in promotional and incentive contests and programs sponsored by the Company for its Distributors. Distributors should not: (a) Provide any literature and / or training material not restricted to collateral issued by the Direct Selling entity, to a prospective and / or existing Thamesbay Distributor both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity. (b) Encourage prospective or existing Distributor to purchase any literature or training materials or sales demonstration equipment of Thamesbay marketing LLP.
4.05 A Distributor strictly shall not:
- The Independent Distributor and Leader shall not use misleading deceptive or unfair trade practices and not misrepresent actual or potential sales/ earning advantages of Direct Selling. Direct Seller shall not make any false representation / promise relating to direct selling, earning potential, remuneration system etc..
- Make any factual representation to a prospective Distributor that cannot be verified or make any promise that cannot be fulfilled.
- Present any advantages of Direct Selling to any prospective Distributor in a false and / or a deceptive manner.
- Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration program and agreement between the Direct Selling entity and the Distributor, or the goods and / or services being sold by such Distributor who is false and / or misleading.
- Require or encourage Distributor introduced by the first mentioned Distributor to purchase goods and / or services in unreasonably large amounts.
- Exaggerate the facts and realities related with products and policies.
- An independent distributor must not engage in any deceptive or unlawful trade practices as defined by central , state or local law or regulations.
4.06 Legal compliance of distributor
Distributors must comply with all laws, statutes, regulations and ordinances concerning the operation of their Distributor business.
4.07 Book of Accounts Keeping
A Distributor shall keep proper book of accounts stating the details of the products, price, tax and the quantity along with such other details in respect of the goods sold by him / her, in such form as per applicable by the law.
4.08 Tax, expenditures, etc.
Distributors are personally responsible for paying local, state, central government taxes (Where Applicable) on any income they generate as Distributors of Thamesbay. It is absolutely mandatory to pay GST once the Distributor crosses the GST threshold. TDS (Tax deduction at Source) or any other mandatory obligation by laws in India w.r.t. Income of an individual shall be complied as per the statutory laws. Currently, TDS deduction of 5% is applicable for those who provide PAN details and 20% deduction for those who do not provide the PAN number details as per the Income Tax Act. TDS (tax deducted at source) certificate will be issued to Distributor only after the Distributor has complied with all the KYC documentation including copy of his PAN card (permanent account number card). Any individual operating a business is required to obtain a Permanent Account Number from the income Tax Department when their earnings become taxable under the Indian income Tax Act. Please consult your tax advisor for rules and details as Tax laws will change from time to time. It is mandatory for all Distributor(s) to provide their PAN number details. Thamesbay will collect and remit sales taxes on behalf of Distributor(s) at the maximum retail price according to applicable tax rates to which the shipment is destined.
4.09. Claim of workmen's compensation
The Company is not responsible for payment or co-payment of any employee benefits for its Distributors and is responsible for their own liability, health, disability and workmen's compensation insurance, etc.
A Distributor has a non-exclusive right to market and promote products of the Company. There are no geographical limitations existing on the referring or selling country, provided, however, that the Company reserves the right not to sell products or services in any states, territories or countries.
4.11 Obligations to Downlines
Any Distributor who introduces another Distributor to the Thamesbay is highly recommended to perform a bona fide assistance and training function to ensure that his / her Downline is properly operating and conducting their Distributor business. It is to the advantage of both Introducers and their Downlines to keep continues contact and communication. Distributors must truthfully and fairly describe the Thamesbay Business Plan. No past, potential or actual income claims may be made to prospective Distributors. Nor may Distributors use their own incomes, or other Distributors' incomes, as indication of the success assured to others. Income statements shall not be used as marketing materials. Distributors shall not guarantee Income or estimate expenses to prospects.
4.12 Cross Lining
Subject to sub clause 8.01 and sub clause 8.02, no Distributor may introduce or attempt to introduce another Distributor from a different line of Business to 'switch' to another line of Business. Examples of Cross Lining are: (a) Placing additional Distributors of his / her own in lines of Business not below his / her Primary Distributors. (b) Placement of a new Distributor using anyone's name known to the Introducer and placing it in lines of Business not below the Introducer's Primary distributors while intending to profit from the proceeds of the said new distributor. (c) A Distributor owning an interest in an entity that is a Distributor in lines of Business not below his / her Primary BC. (d) Entering in other lines of Business under the same name as an existing Distributor using a valid Distributor Identification Number other than the one used previously. (e) In case distributor has placed his / her introduced in a wrong place, distributor can request for change of position while submitting the necessary documents within 10 days of registration. (f) Any situation (whether the above examples or others) found to be in violation of this sub clause shall be met with the greatest scrutiny and may result in termination of the newly placed distributor, as well as the distributor having instigated the said situation.
4.13 Obligation of not introducing to other programs
A Distributor shall not introduce, attempt to introduce, or knowingly assist another person to introduce, another Distributor or any person into any other network marketing company or into another Distributor's sales organization. In addition, no Distributor shall participate in any action knowing that participating in the action may cause another distributor or any person to be referred through someone else into another network marketing company. Distributors are strictly prohibited from promoting any competitive services, products and / or business programs among the Downlines. At Company functions, or on all Company property, no Distributor shall solicit any person to join any other network marketing company or involve the sale of products of any other network marketing company. Breach of any part of this clause is a serious breach of the Policy & Procedure Manual of Thamesbay may lead to the immediate suspension or even termination of the Distributorship of the Distributor.
4.14 Breach of security
All Distributors have a responsibility to maintain the network integrity of the company. Any Distributor who is found 'hacking' into or interfering or tampering with the company's database or any part of the company's computer system (hardware and / or software) or attempting to do any of the aforesaid acts without the proper authorization shall be liable to immediate termination of his / her Distributorship. He / she shall also be liable for all consequential damages and losses of the Company.
4.15 Obligation to the Company
A Distributor shall, at all times, remain loyal to the Company and shall not publish any written and / or verbal disparaging or adverse information / statement / against the Company. He / she shall hold the Company's management in high esteem at all times, failing which, he / she may be terminated notwithstanding that he / she may also be liable for libel or slander.
4.16 Transfer, of Distributorship
Assigned Unique Identification Numbers are non-transferable unless a duly signed request letter by transferor and receiver and attested by their Diamond Leader is sent to the company for the verification approval. Minimum it will take 48 to 72 Working hours to transfer a Unique Identification Number. Without the consent and approval from the Company, distributors are not allowed to work or get associated with any other distributor or Company directly or indirectly. If found so, the Company has the full rights to terminate the same Distributorship without notice. If an active Distributor wants to change his position, he has to be in standby for 6 month with an approval from the Company. The transferring Distributor(s) must be in good standing and not in violation of any of the terms of the Distributor(s) Agreement or Policies and Procedures, to transfer his / her Distributor(s) ship. Thamesbay will not approve the transfer of a Distributorship to any individual or Entity that is a current Distributor(s) or who has an ownership interest in any Distributorship. Similarly, Thamesbay will not approve the transfer of a Distributor(s) ship to any individual or Entity that has previously had any ownership interest in, or operated, a Thamesbay Distributor(s) ship. The No objection certificate (NOC) from the Introducer must be submitted. The Distributor who wants to transfer his / her distributorship should Remit the Transfer processing fee of Rs. 500/- (Five Hundred Only) in favour of Thamesbay Marketing LLP.
5. Claims & Misrepresentation
5.01 Income Claims
The Distributor should not use and spread the False or Misleading Income Projections to the Prospective Distributor. In their enthusiasm, Distributors are often tempted to represent hypothetical income figures based upon the inherent power of group viral marketing as actual income projections. This is counterproductive, since new Customer / Distributors may be quickly disappointed if their results are not as extensive or as rapid as a hypothetical model would suggest. Thamesbay Marketing LLP firmly believes that income potentials are great enough to be highly attractive even when based in reality, without resorting to artificial and unrealistic projections and misleading promotions.
No claims regarding any therapeutic or curative effects of any Thamesbay Products may be made to the proposed distributor and Public as well, except those officially approved in writing by the Company. In particular, the Distributor shall NOT make any statement / representation of any "guarantee" of cure or state that Thamesbay products are effective in treatment of any disease or disorder by giving or specifying any possibility / percentage of cure. Such statements would be considered as unfair trade practices and Clear violation of Policy & Procedure Manual of Thamesbay. Violation of this clause will result in immediate termination of the Distributor. (Refer Termination clause for more details).
5.03 Representation of Status
In all Cases, any reference the distributor makes regarding himself / herself must clearly set forth the Distributor's status.
5.04 Business Cards & Stationary
All the printed materials, such as ID card, Company Brochures, business cards and stationery those can be used by the Distributor, will be provided by Thamesbay. And all those materials would be the properties of the company as well. No Distributor is authorized or even allowed to design or print any business material on behalf of the Thamesbay Marketing LLP.
5.05 Press Enquiries
Any inquiries by the Press /Media are to be referred immediately to the Company officially, on the email address email@example.com in. This policy is to ensure accuracy and a consistent public image. Since the company has set and follows the transparent policies in the all levels of it's operation, the query would be replied ASAP.
Thamesbay Marketing LLP never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases; both specifically expressed a dimpled, unless any officer duly authorized by the Company in contracts or an agreement specifies in writing that the Company waives any of these provisions. In addition, any time the Company gives permission for a breach of rules, that permission does not extend to future breaches. This provision deals with the concept of "waiver", and the parties agree that Thamesbay Marketing LLP does not waive any of its rights under any circumstances short of the writing confirmation alluded to above.
6. Thamesbay Incentives & Rewards
6.01 Qualification for Incentives and / or rewards
All the Distributors must be active and in compliance with the Agreement, Contract, Policies & Procedure manual and the Business Plan to qualify for Incentives and / or rewards. So long as it is entitled under the Business Plan to receive Incentives and / or rewards, the Company shall pay Incentives and / or rewards to the Distributor in accordance with the Business Plan. Distributors must consult the Business Plan for a detailed explanation of the benefits, Incentives and / or rewards structure and the corresponding requirements. Incentives and / or rewards are paid only on the sale of the Company's products. No Incentive or bonus is paid on the purchase of the Company's Sales / Promotion materials, literatures, Business Plan, Product Portfolio, or for introducing other Distributors and / or Customers. The Distributor should possess a valid PAN card of which a copy has been submitted along with the application to the company. Without PAN Card, Company will not transfer any bonus or incentives to the distributor.
6.02 Adjustments to Incentives and / or rewards
Distributors receive Incentives, rewards and other benefits under the Business Plan based on the actual business he/she does. When a product is returned to the Company for a refund or the transaction is in any way not successfully completed, the Incentive, rewards and / or other benefits attributable to the returned or the unsuccessful transaction will be deducted in the Incentive Period in which the refund occurs, and continuing every Incentive period thereafter until the incentive, rewards and / or other benefits are fully recovered from the Distributors who received incentive and / or rewards on the sales of the refunded or repurchased product. In addition, if the company has already paid incentive and / or rewards to a Distributor for a returned product, the company shall have the right to request the Distributor for the return of the said Incentive and / or rewards and the Distributor shall have the obligation to return such Incentive and / or rewards to the company. As per the Business plan in case the pay-out day is a public holiday it shall be issued on the next working day. The Company shall have the right to set off any debt(s) a Distributor owes to the Company against his / her Incentive and / or rewards.
6.03 Compensation Summary
A Distributor can request for his / her periodic account / information concerning, sales, purchases, details of earnings, commissions' bonus and other relevant Data, in accordance with agreement. The Company reserves the right to charge a processing fee for managing the virtual office of Distributor and issuing an electronic or Paper Business Plan requested by the Distributors as applicable.
6.04 Payment of Incentives
All the Incentives / Rewards that a Distributor earns according to the Thamsebay Business plan will be credited to his / her registered Bank account through the Bank Transfers.
6.05 Seasonal / Periodic Promotional Offers/ events and programs
Thamesbay may conduct seasonal/ periodic promotional campaigns and contests in order to encourage the distributors to increase sales. Thamesbay possesses the sole right to set/ change/ edit or remove such contests, or any of it's criteria anytime with or without a public notice. Company may provide Offers and Discounts for any products of combos , it is the complete right of Thamesbay management to put forward, change or withdraw the offers and discounts.
7 Resignations, Suspension and Termination
A Distributor may be suspended for violating any terms of the Agreement, Policies & Procedure Manual, the Business Plan, and / or any other relevant documents produced by the Thamesbay Marketing LLP.
A Distributor may resign voluntarily from and / or terminate his / her Distributorship by tendering thirty (30) day's written notice of such voluntary resignation or termination to the Company. Acceptance of voluntary resignation and / or termination upon the receipt of such notice is at the sole discretion of Thamesbay LLP
When a decision is made to suspend an Distributor, the company will inform the Distributor in writing of the decision, the effective date of the suspension, the reason(s) for the suspension, and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the Distributor's registered address. Such suspension may or may not lead to termination of the Distributor as so determined by the company at its sole discretion. If the Distributor wishes to ask the company to review the decision, he / she shall make such a request in writing to the company within fifteen (15) days from the date of the suspension notice. The company will review and consider the suspension and notify the Distributor in writing of its decision within thirty (30) days from the date of the receipt of the Distributor's written request. The company will thereafter not further review its own decision. The company may take certain action(s) during the suspension period, including, but not limited to, the following: (a) Prohibiting the Distributor from holding himself as Distributor or using any of the Company's proprietary marks and / or materials. (b) Withholding Incentives and / or rewards due to the Distributor during the suspension period. (c) Prohibiting the Distributor from purchasing services and products from the Company. (d) Prohibiting the Distributor from introducing new Distributors, contacting current Distributors, or attending meetings of Distributors. (e) If the Company, at its sole discretion, determines that the violation that caused the suspension is continuing, and has not satisfactorily been resolved, or a new violation involving the suspended Distributor has occurred, the suspended Distributor may be terminated from the Distributorship.
In order to retain the distributorship, He/ She needs to demonstrate his activity by involving himself/ herself in a sale of Thamesbay products through his/ her Thamesbay ID. I a person fails to make any sale/ purchase for a period of 2 years from the date of contract, or last sales made the contract shall come to an end by giving a notice. Thamesbay may, in absolute discretion immediately suspend and/ or terminate the distributorship by notice in writing with the distributor in the event that Thamesbay has reasonable grounds to believe that the distributor has breached any provision of this agreement, its rules, regulations, policies or procedures as amended from time to time and the company shall not be liable for any incidental or consequential damages caused by this breach, cancellation or suspension of this agreement, whether or not the possibility for such damages is known to Thamesbay. For violating the terms of the agreement, Policies & Procedure Manual, Business Plan, and / or any other relevant documents produced by the company, depending upon the seriousness of the violation, a Distributor may be immediately terminated from the business. The company may, at its sole discretion, terminate a violating Distributor without placing the Distributor on suspension. When the decision is made to terminate a Distributor, the company will inform the Distributor in writing to the registered address in the Distributor's that the termination has occurred. If a Distributor wishes to ask the company to review the decision to terminate, he / she shall make such a request to the company in writing within fifteen (15) days from the date of notice of termination. If the company receives no such request within the fifteen (15) days period, the termination will automatically be deemed final. If a Distributor files a timely written request, the company will review the decision and notify the Distributor of the result of the review within thirty (30) days after receipt of the Distributor's request. Thereafter, the company will not further review its own decision. In the event the termination decision is not reversed, the termination will remain effective as of the date stated in the original termination notice. Company shall allow for the termination of contract, with reasonable notice, in such instances and on such terms where a distributor is found to have made no sales of goods or services for a period of up to two (2) years since the contract was entered into, or since the date of the last sale made by the Distributor.
7.04 Effects of resignation, suspension and termination
After resignation or Termination, the former Distributor shall not further represent himself / herself as an Distributor of the company, and shall cease to use any materials bearing the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any products, plan or program of the Company. He / she shall have no rights to enjoy any benefits under the Agreement, Policies and / or the Business Plan. If an Distributor is suspended, he / she shall not before the removal of his / her suspension, further represent himself / herself or hold himself / herself out as an Distributor of the company. nor shall he / she use any materials bearing the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any products, plan or program of the company. He / she shall have no rights to enjoy any benefits under the agreement, SPPM and / or the Business Plan. But he / she shall be allowed to retain his / her Distributorship pending the final resolution of his / her case. Any Incentives and / or rewards payable to him / her should not be suspended shall be retained by the company. If the suspension of the Distributor is subsequently removed, all outstanding Incentives and / or rewards shall be paid to the Distributor. However, if the Distributor is subsequently terminated, the termination shall be treated as effective from the effective date of the suspension and all Incentives and / or rewards retained as aforesaid by the Company shall be forfeited forthwith to the Company. Immediately upon termination, the terminated Distributor: (a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any product, plan or program of the Company. (b) Must cease representing himself / herself as a Distributor of the Company. (c) Looses all rights to his / her Distributor position in the Business Plan and to all future Incentives and earnings resulting there from. (d) Must take all actions reasonably required by the Company relating to protection of the Company's confidential information. The company has the right to set off any amounts owed by the Distributor to the company including, without limitation, any indemnity obligation incurred pursuant to sub clause 10.11 herein, from Incentives and / or rewards or other Incentives due to the Distributor.
The Former Distributor may reapply as a new Distributor of Thamesbay, but such reapplications will only be considered six (6) months after resignation. The acceptance of any reapplication from a terminated Distributor shall be at the sole discretion of the company. The company can take it's own decision according to the circumstances. "Non-Active Distributor" means a Distributor who has not purchased any product from the company within a period of 6 months from the date of registration. A non-active Distributor can be enrolled by other introducer only after the period of 6 months. In this case the first introducer of the Distributor cannot claim it as snatching.
7.05 Disciplinary Actions
Violation of any of the terms and conditions of the Distributor(s) Agreement or these Policies and Procedures, or any illegal, fraudulent, deceptive, or unethical business practice by a distributor, may result, at Thamesbay's discretion, in one or more of the following actions: 1) Denial or Withdrawal or Freezing of an award or recognition, or restricting participation in Company sponsored events for a specified period or until the Distributor satisfies the certain specified conditions put forward by the company. 2) Withholding commissions or pay-outs for a specified period of time or until the Distributor satisfies certain specified conditions of Thamesbay marketing LLP. 3) Suspension or Denial of certain of Distributorship privileges , including but not limited to the placing an order, participating in company meets and programs, progressing in the Business Plan, or participating as a Sponsor, for a specified period of time or until the Distributor satisfies certain specified conditions put forward by the Company. 4) Imposing a reasonable and fair fines and penalties in proportion to the damages incurred by Thamesbay and as permitted by applicable laws and acts. 5) Suspension of Distributor Agreement. 6) Terminating the Distributor ship .
Nominee: A Distributor has a right to nominate a person as his / her nominee to whom the company will transfer the Distributorship upon the death of Distributor. The Distributor has a right to change his / her nominee in his / her lifetime by giving written notice to the company. However, the company will not accept such a transfer unless the nominee or the last nominee has executed a current Distributor application form and submitted certified copies of the death certificate of the Distributor to the company. The nominee will then be entitled to take over the Distributorship of the late Distributor and entitled to all the Incentives, rewards or other benefits accured thereafter and all the rights, and / or be subject to all the obligations as an Distributor of the company. If a Distributor did not make any nomination in his / her lifetime, his / her Distributorship shall be terminated immediately upon his / her death. Any cross lining as a consequence of the devolution of Distributorship under this clause shall not be treated as a breach of the Policies & Procedures. In case of death or an unexpected event the ID shall be transferred to a family member except, other than Children below 18 yrs.
9. Proprietary Information
9.01 Confidential Information
The company may supply to Distributors, during the term of the agreement, the confidential information, including, but not limited to, genealogical and Downline reports, customer lists, customer information developed by the company or developed for and on behalf of the company by distributors (including, but not limited to, credit data, customer and Distributor profiles, and product purchase information), Distributor lists, manufacturer and supplier information, business reports, Incentives or sales reports, and such other financial and business information that the company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to the company and is transmitted to Distributors in strictest confidence on a 'need-to-know' basis for use solely in the Distributors' business with the company. Distributors must not disclose any such information to any third party, or use such information for any non-company activity directly or indirectly. Distributors must not use the information to compete with the company or for any purpose other than promoting the company's programs. Upon determination, nonrenewal or termination of the agreement, Distributors must discontinue the use of such confidential information and promptly return all the confidential information in their possession to the company along with the Business materials he has been using.
9.02 Online and Telephonic Reports
Thamesbay marketing LLP will use the best level of its efforts and resources to provide timely and accurate information such as online or telephonic Downline activity reports, including, but not limited to, personal and group business volume, and Downline introducing activity to Distributors. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic cheque payments; returned products; and credit card and electronic cheque charge-backs; the information is not guaranteed by the Company or any persons creating or transmitting the information requested.
9.03 Use of Company Name, Logo, or Trade Names, etc.
(a) The Thamesbay, or / and Thamesbay Marketing LLP, Company name, logo, trade name, trademarks, product names, brochures, catalogues, sales material, contracts and sales training sessions, literature, audio or video material, presentations or events are copyright-protected property of the Company. And the company retains ownership rights of the entire contents and materials as well.
(b) No Distributors shall use the company name, logo, trade name, trademarks, program names, or product names in any manner or form.
(c) Distributors shall not reproduce or distribute privately redesigned of remade versions of such materials under any circumstances for any purpose.
(d) Naming protection reserved by the company. In addition to any relevant intellectual property laws, the following list of names are also reserved and restricted from use by Distributors in their Distributor activities.
9.04 Copyright Restrictions
With respect to product purchases from the Company, Distributors must abide by all manufacturers' use restrictions and copyright protections. Without prior written approval from the Company, no Distributor shall use video and / or audio record the Company's meetings, conferences and / or training sessions or any speeches (including conference calls) given therein.
9.05 Vendor confidentiality
Thamesbay's business relationships with all of its Vendors, Suppliers and manufacturers are confidential. Distributors must not, directly or indirectly, contact, or speak to, or communicate with any of the vendors, supplier or manufacturer of the Company except at the Company-sponsored events at which the supplier or manufacturer is present at the request of the Company to interact with the distributors.
10.01 Company's Employee Prohibition
Any of the Employees of Thamesbay and their immediate family members (such as spouse, mother, father, brother, sister, etc.) who are domiciled at the same household are prohibited to take part in the Business Plan of the company. Breach of this policy shall be taken as serious, and could result in the dismissal of the employee and the removal of his / her entire network to the credit of the company. Distributors being transferred to a paid position or taking up an employment with the company shall, prior to their acceptance of the employment, file ownership transfer notice to the company and give up their ownership rights and privileges of their Distributorship in the company.
To the extent permitted by law, the Company shall not be liable for, and each Distributor releases the company from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Distributor as a result of: (a) The breach by another Distributor of his / her agreement, any term or condition of the Policies & Procedure of Thamesbay, and / or the Business Plan. (b) The operation of other Distributor's business. (c) Any inadvertent, incorrect or wrong data or information provided by the Company. (d) The failure to provide any information or data necessary for Distributors to operate their business, including, without limitation, the marketing and promoting of products of the company and / or the introducing or referring persons as customers / Distributors to Thamesbay Marketing LLP.
10.03 Force Majeure
The Company shall not be responsible for delays or failure in performance caused by the circumstances beyond the Company's control, such as strikes, labour difficulties, fire, war, government decrees or orders, natural calamities unexpected lockdowns by governments etc.
It is the obligation of every Distributor to abide by and maintain the integrity of this Policies and Procedure Manual. If a Distributor observes another Distributor committing a violation, he / she should discuss the violation directly with the violating Distributor. If the Distributor wishes to report such violation to the company, he / she should provide details of the violation in writing or at the company's official website www.thamesbay.com.
If any of the terms/ clauses in Business Plan of the company is amended, it will be communicated to the Distributors and in General meetings also. Changes of Business Plan will be updated on website immediately, and Brochures / Leaflets with the changes (amendments) will be supplied among the Distributors. Such notice may be provided at any time by posting the changes to the Thamesbay Web Site (www.thamesbay.com).
No endorsements by a Company employee, officer or administrator or third party may be asserted, except as expressly communicated and explained in the Company literature, Communication and Website
10.07 Telephone Listing
No Distributors are allowed to use the Company's trade name in advertising their telephone and telecopy numbers on materials not produced and approved by the Company without first obtaining the prior written approval from the Legal Affairs Department of the company.
10.08 Display of Company Products
The integrity of the Business Plan is too built upon person-to-person, one-on-one and in-door presentation methods of sale. Distributors shall not knowingly sell any company product to, or display any company product, company name, trademarks, literatures, or promotional materials at any retail outlet, including, but not limited to, supermarkets or food stores, flea markets or swap meets, permanent restaurant displays, bars or nightclubs or any such similar establishment, convenience stores or gas stations or any online platform. Exemptions must be approved in writing by the Legal Affairs Department of the Company. Distributors may promote the Business Plan at their office, fairs and trade shows on the condition that it is not shown or displayed with any other plan with any direct selling company or networking company or marketing company
10.09 Fax Blasts and Spamming
Fax blasting and spamming (unsolicited emailing) is strictly prohibited.
10.10 Legal Conformity
Any tool or presentation technique used by a Distributor while promoting the company's business concept, products and / or the Business Plan must be within the scope of a Distributor's rights in his / her respective country / state / province. It is the Distributor's responsibility to ensure that any statements made, or any demonstration techniques performed, are, in fact, lawfully permitted in his / her country / state / province. If a special license or professional degree is required in a certain location to legally make such statements or perform such presentations, or to conduct business, then it is the Distributor's responsibility to secure the necessary license, degree or permit.
10.11 Indemnity Agreement
Each and every Distributor shall indemnify and hold harmless the company, its shareholders, officers, directors, employees and associates from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Distributor: (a) Activities as a Distributor. (b) Breach of the terms of the Agreement. (c) Violation of or failure to comply with any applicable laws, regulations or rules.
10.12 Non-Waiver Provision
No failure of the Company to exercise any power under the this Policies or to insist upon strict compliance by Distributor with any obligation or provision herein, and no custom or practice of the parties at variance with the Policies & Procedure Manual, shall constitute a waiver of the Company's right to demand exact compliance with the Agreement and / or the Policies & Procedure Manual. The Company's waiver of any particular default by a Distributor shall not affect or impair the Company's rights with respect to any subsequent default. Nor shall it affect in any way the rights or obligations of any other Distributor. no delay or omission by the company to exercise any right arising from a default affect or impair the company's rights as to that or any subsequent or future default. Waiver by the company can be affected only in writing by an authorized officer of the company. A person is solely responsible for properly cancelling your account. And email to firstname.lastname@example.org for your verified registered email id will be used to cancel your account. Account information cannot be recovered once your account is cancelled. If you cancel your service you will receive a product worth of unused portion of the amount. Cancel your product and refund the money only once we receive the return courier of the product.
10.13 Complaint and Grievance
After receiving a written complaint in person or on official email, Thamesbay Complaints Redressal Team will investigate the matter, review the applicable policies and render a final decision on how the grievance or complaint shall be redressed. The company may also issue the disciplinary sanctions to the concerned. Thamesbay Grievance redressal committee's decision in this will be final.
10.14 Governing law
This Policies & Procedure Manual, the terms and conditions of Application / Registration Form Product purchase and the Business Plan shall be governed by the laws of Republic of India.
10.15 Jurisdictions and Arbitration
Any dispute, controversy or claim arising in connection with the Agreement, the Policies & Procedure Manual and / or the Business Plan or the breach, termination or invalidity thereof shall first be sought to be resolved amicably between the Distributor concerned and the Thamesbay Marketing LLP. If the Distributor and the Company cannot resolve the Matter within sixty (60) days from the date the Matter was first brought to the attention by one party to the other, the Matter shall be referred to and finally resolved by arbitration administered by the Thamesbay Marketing LLP. The place of arbitration shall be Kochi, India. The language of arbitration proceedings shall be in English
10.16 Entire Agreement
The Agreement, the Policies & Procedure Manual and the Business Plan together constitute the entire Legal contract between a Distributor and the Company, Thamesbay Marketing LLP.
If at any time any provision of the Agreement and / or Policies & Procedure Manual becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of the Agreement and / or Policies & Procedure Manual under the law of that or any other jurisdiction, nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.
10.18 Company Contacts
Customer shall communicate the matters related with product or payment issues only through the company's official email id and contact number given below: Customer Care Number: 1800 123 11 22 66
11. Understanding of Nature & Scope of Business and Business Plan
By registering and placing orders customer / distributor agrees the following matters:
a. I have gone through all the matters said in the Business plan, Marketing materials, Website and other information modes.
b. I understood that the Prospective distributor / new distributor should undergo mandatory orientation session about direct selling and products (Usages/ Applications) of the company.
c. I have read and fully understood all the terms and conditions mentioned in Policy & Procedure Manual.
d. I have studies in detail, the nature, scope and how Network Marketing, Direct Selling and Multi Level Marketing work.
e. I understood the ways how I can get benefits and commission from a Direct selling companies.
f. I have gone through the plans and mode of operation of similar companies from the maximum possible sources, and understood how Thamesbay differ from others.
g. I understood and am confident that I can work in this format, can earn from this and market the products.
h. I'm liable to the defects and other losses coming to the company happened because of my misrepresentation of facts and presenting the matters not said in the company's business materials and Policy & Procedure Manual.
i. I understood the quality, usage, ingredients and all other needed information of the products Thamesbay deals.
j. I believe that I can resale the products in the market.
k. I can and will present the Business plan and Product information genuinely to the prospects, in the market and public.
l. I clearly understood that I (As a Sponsor and Leader) will be responsible, answerable and liable to the damages causing to the company's goodwill and trust due to the misrepresentation from myself.
m. I understood that, as clearly mentioned in Chapter number 04 in Policy & Procedure Manual, as a distributor should keep the manners and decency in all the activities and interference representing Thamesbay.
n. Legal actions would be taken on all the misbehaviour approaches, And by this, my distributorship and all the benefit I'm getting thereof would be cancelled.
12. Product Purchase and Order Placing related matters:
By registering and placing orders customer / distributor agrees the following matters:
a) I have read and clearly understood the quality, usage, benefits and all the needed information regarding the product I'm ordering.
b) Images of products given on website are for illustration purposes only, they are mockup designs. Colour or shape of actual product may vary.
c) I understood that the company uses best available packing materials to dispatch the orders.
d) I have got complete product knowledge from different best available sources.
e) I'm purchasing this products after clearly knowing the usage, benefits, quality, price, ratings & reviews and how this is differ from others, with the help of various sources.
f) I understood and believe that I can sell the products I'm buying, to the customers.
g) I agrees that this product has the best quality and useful for me. And I can resale as well.
h) I understood that the normal dispatching time if 7 days from the date of order placed, (may vary due to any circumstances and technical matters) and I didn't get the dispatch details even after 7 days, I must inform the company from my profile, or via mail email@example.com from my registered mail ID.
i) If I didn't inform the same (as said in above clause 'h') the company will not be responsible for the consequences thereof.
j) Thamesbay, at it's sole right, may provide seasonal or promotional offers to its distributors and customers. Orders with seasonal or promotional offer products and offer combo products cannot be returned, exchanged or refunded.
13. CANCELLATION, REPLACE AND REFUND POLICY (Buy Back / Exchange / Refund Policy)
CANCELLATION, REPLACE AND REFUND POLICY.
Cancellation Policy For Cancellations please contact us via 'contact us' link, or send us the request via mail firstname.lastname@example.org Upon the verification and investigation, if your request found qualifying the criteria, we will process the same for cancellation. Company possesses the sole right to take decision on the cancellation request.
- A Customer / Distributor can change the products he/ she purchased from Thamesbay if he/ she want.
- The customer / Distributor should have the original customer order receipt copy/ Bill to apply for replacement.
- The Customer / Distributor can exchange the products from the Company within 30 days from the date of making payment.
- For this, the customer / distributor should submit the PRODUCTS IN ORIGINAL PACKING AND MARKETABLE CONDITION along with a PRODUCT RETURN APPLICATION and a COPY OF PURCHASE BILL.
- The new product he / she buys should be of equal or higher value in price.
- In case of Product Replace, No amount would be refunded to the Customer/ Distributor.
In the event, if the Distributor/ Customer is displeased with the Products due to any proven damages, manufacturing defects, or size mismatch, He/ She can return the same for replacement or refund. By applying for refund, his distributorship would be automatically cancelled.
How to request a refund?
A Customer / Distributor, for refund request, can do the following by contacting us via email address email@example.com Contact via Company's email, firstname.lastname@example.org (Exit and Refund policy related matters should be communicated via this mail only.) Requests sending to any mail other than email@example.com will not be accepted
If the product is received with manufacturing defect, it can be returned within 15 working days from the date of receipt. Order placing details, Proof of making payment to the company's bank account, Distributor ID details etc should be submitted. The Company will verify the request, and upon the successful verification shall process to the concerned department (Grievance cell/ Legal Cell) for the further processing of refund. All the benefits, commissions and promotional expenditures paid by the company should be returned to the company, as per the reports from our Grievance / Legal cell Courier charge and Service charge would be deducted. Shipping charges, service tax and sales tax paid on the original order will not be reimbursed. All physical products must be packed in the original, including any accessories, manuals and documentation with sender's identity and invoice. Once you have requested for Refund, you will get an acknowledgment from us within 14 working days, the same will be processing accordingly on priority basis. Requests must be from the independent distributors registered mail ID, to the company assigned mail ID firstname.lastname@example.org along with the relevant KYC procedures individually. Exit and Refund related matters would be handled only online, and Company insists to return the products through proper channel, ie. courier. Thamesbay, at it's sole right, may provide seasonal or promotional offers to its distributors and customers. Orders with seasonal or promotional offer products and offer combo products cannot be returned, exchanged or refunded. Any disputes or differences arising out of or in relation to this agreement shall be referred to an Arbitrator/ Legal Cell appointed by the company. Whole decision shall be binding on the parties according to the provisions of 'The Arbitration Act, 1996'. The venue of arbitration, shall be in Cochin.
Regarding any product issues, the company and the customer shall communicate only through the official Email Address: email@example.com
14 Grievance Redressal Mechanism of Thamesbay
A Customer / Distributor can make Grievances through any of the modes– Calls / Written Application / Email / Online Grievance Cell, / Walk-in etc. Once the company received a grievance, it will be furnished into the internal Grievance Cell, and the same will be communicated to the customer / Distributor. Thamesbay has constituted a Grievance Redressal Committee with details as follows:
Email Id: firstname.lastname@example.org