1. Preferred Customer (“PC”) must be at least 18 years of age with a mailing address at a residence in India.
2. A PC may be registered with Winzera Private Limited for Preferred Customer program only after an existing Distributor of Winzera sponsors him/her.
3. Limitations: The Winzera products purchased under the Program are for the PC’s and PC’s household’s personal consumption. The PC acknowledges that he/she will not: 1) sell Winzera Pvt. Ltd products or services (this obligation continues, even after the Winzera Preferred Customer status is terminated); (2) recruit or sponsor others to be Independent Winzera Distributors or Preferred Customers; or (3) be entitled to receive compensation of any kind under the Winzera Pvt. Ltd Sales and Marketing Plan. Reselling Winzera products or recruiting or sponsoring activities may result in the termination of the PC’s Preferred Customer status. If the PC ever wishes to sell Winzera products and build a Winzera Pvt. Ltd business, the PC shall contact his/her Sponsor or write an email for information on how to convert a PC status to Independent Winzera Pvt. Ltd Distributor under the PC’s current Sponsor.
4. The relationship between Winzera pvt Ltd and the PC shall be solely that of a seller and Purchaser-consumer and, for the avoidance of doubt, not that of an agent and principal in any manner.
5. All sales by Winzera pvt Ltd of its products to the PC shall be on terms and conditions as stipulated herein and shall be subject to other terms and conditions as may be specified in Winzera’s official purchase order forms, in any electronic form, as may be amended from time to time at Winzera Pvt. Ltd’s sole discretion without any prior notice to PC. Winzera at its sole discretion may permit the PC to have access to specified/designated websites only and the PC acknowledges that such access shall not be his/her right under any circumstances.
6. PC shall make complete payment for the purchase of products prior to the dispatch / pick-up of the goods, as prescribed by Winzera . PC is eligible for discounted price of the products offered by Winzera as decided solely by Winzera Pvt. Ltd from time to time.
7. All statutory taxes and levies shall be collected by Winzera Pvt. Ltd from the PC and remitted as per applicable laws from time to time without prior intimation.
8. Winzera Pvt. Ltd wants its customers to be 100% satisfied with their purchases. If, for any reason, the PC is not completely satisfied with any Winzera Pvt. Ltd product he/she purchased from either Winzera Pvt. Ltd or an Independent Winzera Pvt. Ltd Distributor , he/she may return it within 30 days of delivery for a refund of the purchase price or a product exchange. The PC may request a refund by writing the email at email@example.com, or by following the instructions on www.winzera.com. If he/she purchased the product from an Independent Winzera Pvt. Ltd Distributor , he/she may also contact the Distributor to request a refund or exchange. The refunds/exchange shall be done in accordancewith Buy Back/ Refund policy of Winzera Pvt Ltd.
9. PC shall not be entitled to advertise the products and/or the business of Winzera Pvt. Ltd nor use of any of the intellectual property of Winzera Pvt. Ltd in any manner whatsoever. However, PC may use/wear Winzera Pvt. Ltd branded materials.
10. In the event a PC wishes to become an Distributor of Winzera Pvt. Ltd, they may do so by complying with all the requirements such as by filling in and submitting an application form for Distributorship, prior to the commencement of such business operations. In that event, ID number allotted to Preferred Customer status may also remain valid for the status of Distributorship, as may be decided by Winzera Pvt. Ltd in its sole discretion provided that the PC after becoming an Distributor shall comply with all laws applicable as amended from time to time for his/ her business. Winzera Pvt. Ltd shall neither be responsible nor liable for any noncompliance of laws by him/her.
11. Relationship with PC’s Sponsor: The Winzera Pvt. Ltd Independent Distributor who enrolled the PC to the Preferred Customer program is the PC’s Sponsor.
12. In the event that the PC or the PC’s spouse decide to submit an Winzera Pvt. Ltd Distributor ship Application while enrolled as a Preferred Customer, the PC’s current Sponsor will remain the Sponsor for the PC’s or the PC’s spouse’s Winzera Pvt. Ltd Distributor ship.
13. Force Majeure: Neither party hereto shall be liable to the other if and to the extent that the performance or delay in performance of any of its obligations under this agreement is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of such party, including but not limited to Government legislations/regulations, fire, floods explosions, epidemics, accidents, acts of nature, wars, riots, strikes, lockouts or other concerned act of workmen and such other events. The party claiming an event of force majeure shall promptly notify the other party in writing and provide full particulars of the cause or event and the date of the first occurrence thereof, as soon as possible after the event and also keep the other party informed of any further developments. The Party so affected shall use its best efforts to remove the cause of non-performance, and the parties shall resume performance hereunder.
14. Upon Winzera Pvt. Ltd receiving a written request from the PC to cancel the Preferred Customer status such PC and their spouse shall not be entitled to the benefits under this Program.
15. The PC is hereby advised that his/her personally-identifiable information (the “Personal Information”) will be used to correspond with him/her for a variety of purposes, such as communications that provide the opportunity to continue the term as a PC, to respond to requests or to provide the PC with information that Winzera Pvt. Ltd may consider to be of interest to the PC (the “Purposes”). The information will be held securely and confidentially and for as long as is necessary for the Purposes. The Personal Information of the PC will be shared with Winzera Pvt. Ltd’s related or affiliated companies.
16. The PC agrees that he/she shall not disclose, lend, divulge or otherwise permit any other party to use his/her login ID or password for any purpose whatsoever, including, but not limited to, the purchase of products from Winzera Pvt. Ltd.
17. Winzera Pvt. Ltd reserves the right to reject the Preferred Customer application at its sole discretion. In case of misuse of the Preferred Customer status, Winzera Pvt. Ltd reserves the right to cancel a Preferred Customer registration in the Program and terminate this Agreement.
18. The PC may terminate this agreement at any time by giving a prior written notice of Thirty (30) days to Winzera Pvt. Ltd. In the event that the PC is appointed as an Independent Winzera Pvt. Ltd Distributor , this Agreement shall terminate automatically, with immediate effect. Winzera Pvt. Ltd may at any time terminate this Agreement forthwith with cause due to any legal or regulatory requirements by giving a written notice to the PC. In the event Winzera Pvt. Ltd terminates this Agreement for such cause, PC shall not be entitled to re- register for Preferred Customer program.
19. No Assignment: This agreement is entered into on a personal basis, and neither this agreement nor any of the rights or obligations of the PC arising hereunder may be assigned or transferred without the prior written consent of Winzera Pvt. Ltd.
20. The PC hereby specifically agrees that Winzera Pvt. Ltd shall at its sole discretion may change, modify, add, delete, substitute and amend any of the terms and conditions of this Agreement, Declaration and Undertaking, in any manner whatsoever, at any time, without prior notice to the PC.
21. Severability: If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.
22. Arbitration: Winzera Pvt. Ltd tries to resolve any dispute amicably and informally. However, if there is a dispute arising from this Agreement or the sale or use of Winzera Pvt. Ltd products that cannot be resolved informally, the PC and Winzera Pvt. Ltd agree to resolve the dispute by binding arbitration rather than in court. All disputes, differences and/or claims arising from this Agreement or as to the construction, meaning or effect hereof or as to the rights and liabilities of the parties shall be settled by arbitration to be held in New Delhi , India, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The award of the arbitrator shall be final and binding on all parties concerned.
23. Governing Law & Jurisdiction: This agreement and all questions relating to its interpretation shall be governed by and construed in accordance with the laws of the Republic of India. This agreement and all transactions between Winzera Private Limited and the PC hereunder, including pursuant to this Preferred Customer Program, are subject to the exclusive jurisdiction of the Courts at New Delhi , India.