THESE ARE IN ADDITION TO THE E-CONTRACT AGREEMENT-
Product Assurance:
Aplomb presents the products of international quality to every customer. If the product purchased by the consumer is found of inferior quality or with manufacturing defects, the company assures its replacement. However, company assurance does not extend to damages or contamination due to expiry, negligence or deliberate act.
Guidance and Training:
All consumers are expected to remain in touch with their up line and seek guidance and training from them, but if the circumstances demand the consumer is free to contact to the company.
Reward / Reconciliation/ Vacancy Policy:
In case of vacancy in consumership due to death (with no heir/ nominee) or any resignation termination, cancellation, inactive consumership, unclaimed consumership of Diamond directors and above as the case may be the company shall auction the network linked with such vacancy amongst existing diamond directors or higher levels and the highest bidder will get such network. The network so purchased will remain in its existing position in the line of sponsorship and shall be known as second authorized consumership business of the auction purchaser.
Funds collected through such auction may be distributed amongst consumers considered as eligible for incentives as per the company`s guidelines as may be given in vogue at the relevant point of time.
In case the company does not get any buyer for the network linked with any vacant consumership, an administrator will be appointed to conduct business of the network and to supervise the network efficiently. Only after the company is satisfied about smooth management and growth of such network amongst the leaders who are at the same/higher levels than the level of consumers whose network was being administered, or in a manner which the company feels will be in the best interest of business. Company`s decision will be final in case of any dispute.
Code of ethics:
Consumers are required to observe the Aplomb code of ethics at all times. The company reserves the right to terminate consumership at any time for violation of the rules and regulations.
Upon enrollment consumers are expected to pledge the following –
1. I will follow the highest standards of honesty and integrity in the Aplomb Business.
2. I will present the company’s marketing plan accurately and honestly, clearly portraying the level of effort required for achieving success.
3. I will not make negative or discouraging remarks about the company, its products, offices, employees, or other people and products. I will be respectful to the company as well as direct selling business.
4. I will not retail the products of Aplomb through retail outlets.
5. I will not instigate, encourage, indulge and teach down lines for bonus rebate/ refund of commission in order to become more competitive on pricing.
6. I will not use the company’s trade name(s), Information, literature, advertising material, and gathering of people or other resources including intellectual property to introduce and promote interests of any entity other than Aplomb.
7. I will strive to ensure that my customers and down lines as well as my co consumers are satisfied with the company`s products and my services.
8. I will abide by the company`s rules and regulations at all times.
9. I will not resort to any fraudulent act in promoting the company’s business at the expense of the company and fellow consumers.
10. During continuation and thereafter I will not do anything that may adversely affect the company, its reputation and business.
Rules and regulations:
Following rules and regulations of Aplomb Health Care Limited are formulated and implemented for safeguarding the rights and dignity of the consumers while regulating the conduct of business.
In order to make oneself a responsible consumer of Aplomb, one must understand and abide by the policies of the company and its rules and regulations. If someone is found violating the same he/she shall be terminated from his/ her consumership.
Eligibility to become a consumer:
a. Persons aged 18 years and above can apply to be a consumer of the company.
b. The company reserves the right to accept or reject an application.
c. The application must be sponsored by a preexisting consumer.
d. Husband and wife can have their separate consumerships but they can not join in separate group.
e. Consumer's ID is not transferable under any circumstances.
f. One who resigns from his ID as a consumer shall have to wait for a period of at least six months to re join or have a new consumer ID.
1. Legal entities (such as Partnership Firms, Company, Society and Firms):
a. Registration shall be in the name of legal entity.
b. A copy of the constitution, deed, articles, of the association along with certificate of institution / incorporation, as may be applicable for the entity and a photocopy of PAN card & Bank detail should be submitted along with the application form.
c. Liability and entitlement of such entity is as par law of land.
d. Bonus payment would be made by the company in the name of the entity.
e. Any changes in constitution of the entity should be intimated to the company and a fresh application should be submitted along with the new/updated constitution. Company reserves the right to refuse and recognition of such new/ fresh composition or constitution.
f. Company will communicate only with a person/official duly authorised by the entity underwritten intimation to the company in advance.
g. In case of dissolution/ winding up/ insolvency of the entity bonus entitlement/arrears if any, shall be released to the successor entity upon submission of proof acceptable to the company. Claim(s) in this respect shall not be entertained after 90 days from the date of incident of dissolution/ winding up or declaration of insolvency.
2) Bonus Payment:
a. Bonus for all consumers is calculated once in a month, and commensurate with the business done in the relevant sales per month. Pay outs will be issued by the company to the registered consumers.
b. On receipt of monthly payout the consumers should check the accuracy of calculation. Any queries should be made within 10 days from the date of issuing of payout. On failing which figure mentioned in the statement shall be final and binding.
c. Consumers are required to provide their addresses and bank particulars and update the same if any change takes place. Company shall not be liable for non- Receipt of payout due to change in address, e-mail or bank particulars.
3) Procedure of dealing with instances of violation:
The company provides guidance and advice to deal with situations involving breaches and violation of its policies and these rules and regulations. The company shall also take appropriate action against the consumer(s) involved. In the event of any violation, the following needs to be observed.
a. A complaint has to be lodged immediately upon coming to know about violation of any and all policies, Rules and regulations.
b. When company receives the complaint, company shall immediately notify the consumer involved, requesting a prompt response by way of a chance to explain his/ her case.
c. In case of inadequate information, the company may request for more details from either party.
d. If the company is convinced that the only way to restore normalcy is to suspend or terminate consumership, it shall convey its decision by writing a letter to the consumer concerned. The letter shall be dispatched through registered mail/courier to the last known address of the consumers listed in the company`s database and the post mark shall be taken as proof of receipt. The company reserves the right to take necessary action against the terminated consumer including seeking compensation, recovery, damages and legal costs incurred, if any. However, the company reserves the right to amend or modify any part of the above decision if and when such need is felt by the company.
4) Representation made by the Company:
a. Consumer(s) shall not exaggerate or misrepresent benefits associated with the company and the company`s product and services.
b. Consumer(s) must know and convey that earnings come only through hard work, commitment and consistent efforts.
c. Consumer(s) shall not claim other than what is mentioned in the company’s plans and literature about products, quality and earnings. Company has the unconditional rights to make any and all actions including seeking damages for consumer's action / inaction inviting and causing ill repute/ loss to the company for misdeclaration or misrepresentation.
5) Labeling, Packing and Pricing:
The product description, labeling, pricing and packaging done/ determined by the company is final and binding. No alteration is permissible in these respects. Consumer's(s) are not authorized to reliable, re-pack, and alter description on sale products lost or in a form not originally caused by the company or at a price not fixed by the company. Allegations against consumer(s) for contravening this rule shall be investigated and appropriate action will be taken.
6) Cross Sponsoring:
No cross sponsoring is allowed. Cross sponsoring here means:
a. Signing up a pre-existing Consumer's from other group.
b. Allowing other person to use one’s consumership to do business.
In case of cross sponsoring the following actions may be taken:
a. Such a consumer who is reported to do cross sponsoring may be terminated from his/ her consumership and the whole group will be transferred back to the original sponsor.
b. The company reserves the right to terminate the offending consumer at its own direction and withhold bonus payments of the offering consumer till final settlement takes place.
7) Inactive Consumers:
Irrespective of the level achieved, if any consumer is found not to have placed any order for six consecutive months, such a consumer will be listed as an inactive consumer and the company reserves the right to take decision about continuation of his/ her consumership.
8) Resignation/ Succession of Consumer Rights:
a. Any consumer may resign from the consumership by submitting an application. Acknowledgment of receipt of such communication constitutes resignation. A consumer who has resigned or has been terminated or his/ her consumership application has been rejected due to any reason can reapply for consumership unless he/ she has been bared due to any legal obligation.
b. In case a consumer resigns from certain unforeseen circumstances, subjected to company`s satisfaction, he/she may transfer the consumership to his/ her blood relative only (proper proof of such documentation is required). In such a case the Applicant will be a blood relative and nominee will be the earlier consumer or spouse of the blood relative. Company`s decision in this case will be final.
c. Consumership in normal conditions expires on death or proven inability of the consumer. However, nominee of the deceased upon evincing interest to succeed consumership may be allowed by the company. In case the nominee does not come forward till three months from the death or inability of the original consumer as the case may be, successor of the deceased upon submitting appropriate documents and evincing interest to succeed consumership may be allowed by the company, however, under no circumstances such consumership will be entertained after six months from the death or knowledge of incapability of the consumer.
d. Consumership may be cancelled/ terminated, declared unclaimed or suspended by the company for the reason mentioned in the company `s policies and these rules and regulations in all such cases, the company takes decision in terms of its reward/ reconciliation policy.
9) Waiver:
a. The failure of the company to exercise any rights stated in the Company Rules and Regulations in the consumer Application Agreement shall not constitute a waiver of company`s right to demand exact compliance therewith.
b. Any waiver by the company can and shall only be affected in writing by the authorized personnel of the Company.
10) Prohibited Act:
Consumers shall not:
a. Incur any liability of debt in the name or behalf of the company.
b. Enter into, modify or alter any contact in the name of the company.
c. Engage him/ her or show interest directly/ indirectly as agent, servant, or authorized for sale of any product/ goods other than those of the company in any trade, business, or profession in completion with the company.
A Direct selling entity shall not:
1. Use misleading, deceptive or unfair recruiting practices, including misrepresentation of actual or potential sales or earnings, in their interaction with prospective or existing direct sellers.
2. Make any factual representation to a prospective direct seller that cannot be verified or make any promise that cannot be fulfilled.
3. Prevent any advantages of direct selling to any prospective direct seller in a false or deceptive manner.
4. Make or cause, or permit to be made, any representation relating to its direct selling business, including remuneration system and agreement between itself and the direct seller, or to the goods or services being sold by itself or by the direct seller which is false or misleading.
5. Engage in, or cause or permit, any conduct that is misleading or likely to mislead with regard to any material particulars relating to its direct selling business, including remuneration system and agreement between itself and the direct seller, or to the goods or services being sold by itself or by the direct seller.
6. Use, or cause or permit to be used, fraud, coercion, harassment, or unconscionable or unlawful means in promoting its direct selling practices, including remuneration system and agreement between itself and the direct seller, or to the goods or services being sold by itself or by the direct seller.
7. Require its direct sellers to provide any benefit, including entry fees and renewal fees or to purchase any sales demonstration equipment or material in order to participate in its direct selling operations.
8. Provide any benefit to any person for the introduction or recruitment of one or more persons as direct sellers.
9. Require the direct sellers to pay any money by way of minimum monthly subscription or renewal charges.
Consumer's Rules & Regulations:
1. Person should have completed eighteen years.
2. Person should be ready to display highest standards of integrity, frankness and responsibility.
3. Person should be desirous to carry on responsibilities as a consumer or leader as applicable.
4. Consumer's will present Aplomb products and marketing plan to all the members in a truthful and honest manner, and one will make sure to present only what is approved in official magazines, documents and papers.
5. Person will have only one ID as a consumer.
6. No one will use brand name of Aplomb in any form without prior approval from the company.
7. Husband and wife can have different id`s in their name.
8. ID is not transferable under any circumstances.
9. Person will never approach to the consumers/ members of another group.
10. One will have to resign from his ID as a consumer and wait for a period of at least 12 months to rejoin or have a new ID.
