TERMS AND CODITIONS

PURPOSE

This DCART Policy & Procedure Manual (the “DPPM”) spells out the rights and obligations between DCART INTERNATIONAL PVT.LTD (the “Company”) and its Independent Affiliates. The DPPM, the Application Form, Contract / E contract that is accepted by the company and the DCART Business Plan together govern the total contractual relationship between the Company and its Independent Affilites.

DEFINITIONS

“Customer”  means any person buying a product on MRP from the www.dcartexpress.com   “Independent Affiliate” An Independent Affiliate(s) who satisfies the minimum Purchase requirement and agree to work with DCART by accepting DCART Terms & Conditions, Policy and Procedures and the Business plan. “Prospect” means a person to whom an offer or a proposal is made by the Existing DCART Independent Affiliate to know more about the Direct Selling Opportunity. “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 completely filled Application Form, Contract / E contract along with the Terms & Conditions mentioned on the website that was accepted by an Independent Affiliate and subsequently accepted by the Company. “Business” means the direct selling business and the Smartway Business Plan. “Company” means DCART INTERNATIONAL PVT.LTD also referred as DCART EXPRESS or simply DCART, which is a company incorporated under Limited Liability......... having its corporate office at............. “Website” means the official website of the company is www.dcartexpress.com “Dcart Express Business Plan” means the DCART Compensation Plan. It is the system followed by DCART INTERNATIONAL PVT.LTD to compensate the Dcart Independent Affiliates which shows the mode of sharing of Compensation, profits and commission long term and/or short term, passive rewards and bonuses based on company’s sales turnover, awards and rewards, foreign trips, including financial and non-financial benefits, paid by the DCART INTERNATIONAL PVT.LTD to the Dcart Independent Affiliate on weekly, monthly or periodic or yearly basis, as the case may be. “Downline” means the Customers / Independent Affiliate below a specific Independent Affiliate respectively in the Genealogy as the context requires. “Upline” means the Independent Affiliates above a specific Independent Affiliate respectively in the Genealogy, as the context requires. “Genealogy” means the relationship or relative positioning of Independent affiliates in the Company’s database. “T&C” means the Terms & Conditions as stated herein. “Products” mean any products including services, unless the context otherwise requires. “Independent Affiliate Identification Number ( AIN )” means the unique identification number that the Company assigns to an Independent Affiliate when the Company accepts and identifies that person as its Independent Affiliate. This Independent Affiliate Identification Number may be an Alpha – Numeric figure. “Introducer” means an Independent Affiliate who introduces Retail Customers or other Independent Affiliates by helping them / training them to become Independent Affiliates of DCART EXPRESS. “Buy Back Policy” DCART provides 30 days period to their Customers and / or Independent Affiliates to return the product, where goods need to be returned in marketable position. “Cooling Off Policy” DCART Business Plan allows the Independent Affiliate to cancel their participation within a period of 30 days from the date of Contract signing and receive the refund of goods purchased. “DCART EXPRESS Guarantee” DCART INTERNATIONAL PVT.LTD offers 100% guarantee to its Customers and / or Independent Affiliates on Product Quality by offering 30 day Buy Back and Cooling off Period. “Grievance Cell”/ “Complaints Redressel” DCART EXPRESS Business Plan allows the Customer / Independent Affiliate to Register their complaints.

To become a DCART Independent Affiliate.
  • To become an Independent Affiliate of DCART INTERNATIONAL PVT LTD, the individual must be an Indian citizen. He / she must have attained the age of Maturity and should be competent to enter into a contract as provided in the Indian Contract Act 1872. Necessary proof thereof should be submitted as and when required by the Company. Its is mandatory that 18 years and above age only can become the Independent Distributor of DCART.
  • Prospective customers should bear a good moral character and should not have any past or present criminal record.
  • People who want to be a customer / affiliate of DCART INTERNATIONAL PVT LTD, must fill and submit the Registration Form along with self-attested KYC documents as required by DCART COMPANY
  • Registration in DCART INTERNATIONAL PVT LTD is 100% free.
  • DCART INTERNATIONAL PVT.LTD reserves the right to accept or reject any application / Registration Form without having to give any explanation whatsoever.
  • Once the prospect gets registered with DCART INTERNATIONAL PVT LTD, the company allots a Unique Code (Independent Distributor Identification Number) which allows the Independent Affiliate to purchase and sell DCART products / services as an Independent Affiliate.
  • DCART shall allot Identification number on Legitimate PAN Information if not then the stipulated Law of the land shall be applied.
  • DCART allot only one Affiliation ship for one PAN card.
Introduction of a New Customer / Independent Affiliate.
  • Independent Affiliate should carry their identity proof (Identity Card / Welcome Letter) and visit the customer’s premises with prior appointment / approval only.
  • Offer a prospective consumer / Independent Affiliate accurate and complete explanations and demonstrations of goods and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service
  • Offer training programmes to the new Independent Affiliates(s) of DCART in product knowledge, effective sales techniques, the Business Plan, and the Policies and Procedures. Independent Distributor(s) must also supervise and monitor Independent Distributor(s) in their Downline Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service.
  • Provide the following information to the prospect / consumers at the time of sale, namely:Name, address, registration number or enrolment number, identity proof and telephone number of the Independent Affiliate and details of direct selling entity, the DCART company
  • Explain to the consumer about the Goods Return Policy / Buy Back Policy of the company in the details before the transaction.
  • Information of his / her rights to cancel the order and / or to return the product in saleable condition and avail refund on sums paid.
  • Details regarding the complaint redressal mechanism.
  • Explain Cooling Off period in which he / she can cancel the participation and receive refund of the goods purchased.
Business Entity

For applications other than for a natural person, all legal documents along with stockholder details for applying legal entity (Proprietor / Partnership / HUF) shall be produced. They shall be submitted within seven working days (07) days from the date of application to the Company’s Corporate office in Ernakulam, Kerala, India. Failure to produce such documents may cause the application to be rejected. It is the responsibility of those persons involved in the Entity to conform to the laws of the state in which their Entity is formed. DCART INTERNATIONAL PVT.LTD reserves the right to approve or disapprove any Independent Affiliate’ Application and Agreement submitted by an Entity.

Changes in Ownership of Independent Distributor Entity

In the event of any changes in ownership of said entities in sub clause given above, they shall immediately inform the Company of the change(s) and the Company shall have the right at its sole discretion to terminate or confirm their Independent Affiliation-ship. Moreover, the said entity shall provide requisite documents / proof to the company in respect of change and the Company shall have the exclusive right either to accept or decline. 

DCART cannot divide a Downline Organization, nor can it divide the payout cheque between the joint owners unless otherwise agreed to in writing by DCART.

Acceptance

Once the Company accepts an applicant’s Independent Distributor Application Form, the Company will grant to the applicant an Independent Distributor status within the DCART Business Plan. The Company will give the Independent Affiliate an Independent Affiliate Identification Number and shall include his / her Independent Affiliate Identification Number in all his / her orders and correspondences with the Company.

Fictitious or assumed name

A person or entity may not apply as an Independent Affiliate using a fictitious or assumed name.

Refund and Buy Back Guarantee

Customers and / or Independent Affiliates are hereby notified that Products are subject to the refund and buy back guarantee stipulated in the DCART Policy & Procedures Manual (DPPM) found online, which apply accordingly to them.

DCART INDEPENDENT AFFILIATE'S RIGHTS AND OBLIGATIONS

Independent Representative

An Independent Affiliate is an independent representative having the rights and obligations conferred by the DPPM along with the details mentioned in the DCART Business Plan to use & refer the products of the Company.

Right to Introduce

Only an Independent Affiliate has a right to introduce Customers and / or new Independent Affiliate to the Company and enjoys the benefits under the DCART Business Plan for doing so. When introducing new Independent Affiliates to the Company, the introducing Independent Affiliate shall give the person/s that he / she intends to refer a copy of the DPPM, the framework of Kerala state MLM guidelines, an Independent Distributor Application Form with Contract, and details of the DCART Business Plan.

No right to represent Company

An Independent Affiliate 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 an Independent Affiliate and the Company is wholly governed by this DPPM. Any breach of this DPPM on the part of the Independent Affiliate is a serious breach of the DPPM and may result in the immediate termination of his / her Independent Affiliatition-ship.

1. No right to sign contracts on behalf of Company

An Independent Affiliate has no right to negotiate or conclude any contract on behalf of the Company. Nor shall he / she hold himself / herself out as having such a right.

2. No right to represent Company:- As an Employee

As an Independent Affiliate is not an employee of the Company, any costs he / she incur in the development of his / her business are at his / her own expenses. He / she shall not be entitled to seek reimbursement from the Company.

Rights to Company literatures and communication, etc.; Rights to participate in Company functions

Independent Affiliates 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 Independent Affiliates.

Independent 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 DCART Independent Affiliate 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 Independent Affiliate to purchase any literature or training materials or sales demonstration equipment.
An Independent Affiliate shall not:
  • (a) Use misleading, deceptive and / or unfair trade practices. (b) Use misleading, false, deceptive, and / or unfair introducing practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective Independent Affiliate, in their interaction with prospective Independent Affiliate.
  • Make any factual representation to a prospective Independent Distributor that cannot be verified or make any promise that cannot be fulfilled.
  • Present any advantages of Direct Selling to any prospective Independent Distributor in a false and / or a deceptive manner.
Legal compliance

Independent Affiliates must comply with all laws, statutes, regulations and ordinances concerning the operation of their Independent Affiliate business.

Tax, expenditures, etc.

Independent Affiliates are personally responsible for paying local, state, central government taxes (Where Applicable) on any income they generate as Independent Affiliates. It is absolutely mandatory to pay GST once the Independent Affiliate 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 Independent Affiliate only after the Independent Affiliate 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 Independent Distributor(s) to provide their PAN number details. DCART will collect and remit sales taxes on behalf of Independent Affiliate(s) at the maximum retail price according to applicable tax rates to which the shipment is destined.

Claim of workmen’s compensation

The Company is not responsible for payment or co-payment of any employee benefits for its Independent Affiliates and is responsible for their own liability, health, disability and workmen’s compensation insurance, etc.

Non-exclusivity

An Independent Affiliate 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, also the Company reserves the right to sell products or services in any states, territories or countries.

Obligations to Downlines

Independent Affiliates must truthfully and fairly describe the DCART Business Plan. No past, potential or actual income claims may be made to prospective Independent Affiliates. Nor may Independent Affiliates use their own incomes, or other Independent Affiliates’ incomes, as indication of the success assured to others. Income statements shall not be used as marketing materials. Independent Affiliate shall not guarantee Income or estimate expenses to prospects. (Please refer to Income Disclaimer).

Cross Lining

No DCART Independent Affiliate may introduce or attempt to introduce another Independent Affiliate from a different line of Business to ‘switch’ to another line of Business. Examples of Cross Lining are:

  • (a) Placing additional Independent Affiliates of his / her own in lines of Business not below his / her Primary Independent Affiliates.
  • (b) Placement of a new Independent Affiliate using anyone’s name known to the Introducer and placing it in lines of Business not below the Introducer’s Primary independent Affiliates while intending to profit from the proceeds of the said new independent Affiliate.
  • (c) An Independent Affiliate owning an interest in an entity that is an Independent Affiliate in lines of Business not below his / her Primary BC.
  • (d) Entering in other lines of Business under the same name as an existing Independent Affiliate using a valid Independent Affiliate Identification Number other than the one used previously.
  • (e) In case Independent Affiliate has placed his / her introduced in a wrong place, independent Affiliate 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 independent Affiliate, as well as the independent Affiliate having instigated the said situation.
4.13 Obligation of not introducing to other programs

An Independent Affiliate shall not introduce, attempt to introduce, or knowingly assist another person to introduce, another Independent Distributor or any person into any other network marketing company or into another Independent Affiliate’s sales organization. In addition, no Independent Affiliate shall participate in any action knowing that participating in the action may cause another independent Affiliate or any person to be referred through someone else into another network marketing company. Independent Affiliates are strictly prohibited from promoting any competitive services, products and / or business programs.

At Company functions, or on all Company property, no Independent Affiliate 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 DPPM and may lead to the immediate suspension or even termination of the Independent Affiliation-ship of the Independent Affiliate who is at breach.

Breach of security

All Independent Affiliates have a responsibility to maintain the network integrity of the company. any Independent Affiliate 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 Independent Affiliation-ship. He / she shall also be liable for all consequential damages and losses of the Company.

Obligation to the Company

An Independent Affiliate shall, at all times, remain loyal to the Company and shall not publish any written and / or verbal disparaging or adverse information / statement / s 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.

Transfer, of Affiliate(S) Ship

Assigned Unique Identification Numbers are non-transferable unless a duly signed request letter by transferor & receiver and attested by their Top Leader is sent to the company for our perusal and approval.  Minimum it will take 48 to 72 Hours to transfer any Unique Identification Numbers. Without the consent and approval from the Company, Affiliates are not allowed to work or get associated with any other distributor or Company directly or indirectly. If found the Company has the full rights to terminate the same Independent Affiliation-ship without notice If an active Independent Affiliate wants to change his position, he has to be in standby for 6 month with an approval from the Company. The transferring Independent Affiliate(s) must be in good standing and not in violation of any of the terms of the Independent Affiliate(s) Agreement or Policies and Procedures, to transfer his / her Independent Affiliate(s) ship. DCART will not approve the transfer of a Independent Affiliate(s) ship to any individual or Entity that is a current Independent Affiliate(s) or who has an ownership interest in any Independent Affiliate(s) ship. Similarly, DCART will not approve the transfer of an Independent Affiliate(s) ship to any individual or Entity that has previously had any ownership interest in, or operated, a DCART Independent Affiliate(s) ship. The No objection certificate (NOC) from the Introducer must be submitted. Remit Rs. 1000/- (Rupees One Thousand Only) in favor of DCART INTERNATIONAL PVT LTD towards the transfer processing fee.

CLAIMS & MISREPRESENTATIONS
Income Claims

No false or misleading income projections may be made to prospective Independent Affiliate. In their enthusiasm, Independent Affiliates 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 Independent Affiliates may be quickly disappointed if their results are not as extensive or as rapid as a hypothetical model would suggest. DCART INTERNATIONAL PVT LTD firmly believes that income potentials are great enough to be highly attractive even when based in reality, without resorting to artificial and unrealistic projections.

Business Cards & Stationary

Any printed material, including business cards and visiting cards and stationery, will be provided by the company with chargeable amount to be paid by Independent Affiliate(s). No Independent Affiliate is authorized to print any business material on behalf of the company.

Press Enquiries

Any inquiries by the media are to be referred immediately to the Company. This policy is to ensure accuracy and a consistent public image. Any Press Enquiry to be referred to company on email address info@dcartexpress.com

DCART INCENTIVES & REWARDS

An Independent Affiliate must be active and in compliance with the Agreement, Contract, DPPM 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 Independent Affiliate in accordance with the Business Plan. Independent Affiliates 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 to be paid on the purchase of the Company’s sales materials, literatures, Business Planner, Product Portfolio, or for introducing other Independent Affiliates and / or Customers. The Distributor should have a valid PAN card, only can receive incentives. Without PAN Card Company will not transfer any incentives and not eligible for rewards and awards.

Adjustments to Incentives and / or rewards

Independent Affiliates receive Incentives, rewards and other benefits under the Business Plan based on the actual sales of products to Customers. 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 Independent Affiliates 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 an Independent Affiliate for a returned product, the company shall have the right to request the Independent Affiliate for the return of the said Incentive and / or rewards and the Independent Affiliate shall have the obligation to return such Incentive and / or rewards to the company forfeiting which the company shall have the right to deduct the amount from his / her refund amount.

The Company shall have the right to set off any debt(s) an Independent Affiliate owes to the Company against his / her Incentive and / or rewards. As per the Business plan in case the payout day is a public holiday or bank holidays or any other holidays, it shall be issued on the next working day.

Compensation Summary

An Independent Distributor can request for his / her periodic account / information concerning, as applicable, sales, purchases, details of earnings, commissions’ bonus and other relevant Data, in accordance with the agreement. The Company reserves the right to charge a processing fee for managing the virtual office of Independent Distributor’s and issuing an electronic or Paper Business Plan requested by the Independent Distributors

Payment of Incentives

All Incentives / Rewards that an Independent Affiliate earns will be credited to his / her Bank account

RESIGNATION, SUSPENSION AND TERMINATION

An Independent Affiliate may be suspended for violating any terms of the Agreement, DPPM, the Business Plan, and / or any other relevant documents produced by the Company.

Resignation

An Independent Affiliate may voluntarily resign from and / or terminate his / her Independent 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 the Company.

Suspension

When a decision is made to suspend an Independent Affiliate, the company will inform the Independent Affiliate 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 Independent Affiliate’s registered address. Such suspension may or may not lead to termination of the Independent Affiliate as so determined by the company at its sole discretion. If the Independent Affiliate 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 Independent Affiliate in writing of its decision within thirty (30) days from the date of the receipt of the Independent Affiliate’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:

Termination

Depending upon the seriousness of the violation, an Independent Affiliate may be immediately terminated for violating the terms of the agreement, DPPM, Business Plan, and / or any other relevant documents produced by the company. The company may, at its sole discretion, terminate a violating Independent Affiliate without placing the Independent Affiliate on suspension. When the decision is made to terminate an Independent Affiliate, the company will inform the Independent Affiliate in writing to the registered address in the Independent Affiliate’s that the termination has occurred. If an Independent Affiliate 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 an Independent Affiliate files a timely written request, the company will review the decision and notify the Independent Affiliate of the result of the review within thirty (30) days after receipt of the Independent Affiliate’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 independent Affiliate 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 Independent Affiliate.

Reapplication

An Independent Affiliate who resigns his / her Independent Affiliation-ship may reapply as a new Independent Affiliate but such reapplication will only be considered six (6) months after resignation. The acceptance of any reapplication of a terminated Independent Affiliate shall be at the sole discretion of the company.

A non active Independent Affiliate can be enrolled by other introducer only after the period of 6 months. in his case the first introducer of the Independent Affiliate cannot claim it as snatching

“Non Active Independent Affiliate” means an Independent Affiliate who has not purchased any product from the company within a period of 6 months from the date of his / her registration.

8) DEVOLUTION
Death

An Independent Affiliate has a right to nominate a person as his / her nominee to whom the company will transfer the Independent Affiliate’s Independent Affiliation-ship upon the death of the Independent Affiliate. The Independent Affiliate 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 Independent Affiliate application form and submitted certified copies of the death certificate of the Independent Affiliate to the company. The nominee will then be entitled to take over the Independent Affiliation-ship of the late Independent Affiliate and entitled to all the Incentives, rewards or other benefits accrued thereafter and all the rights, and / or be subject to all the obligations as an Independent Affiliate of the company. If an Independent Affiliate did not make any nomination in his / her lifetime, his / her Independent Affiliation-ship shall be terminated immediately upon his / her death..

PROPRIETARY INFORMATION
Use of Company Name, Logo, or Trade Names, etc.
  • (a) The 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 worldwide and the Company retains ownership rights or exclusive licenses to the entire contents.
  • (b) Independent Affiliates shall not reproduce or distribute privately reproduced versions of such materials under any circumstances. Independent Affiliates shall not use the company name, logo, trade name, trademarks, program names, or product names in any manner or form.
  • (c) 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 Independent Affiliates in their Independent affiliate activities.
Copyright Restrictions

With respect to product purchases from the Company, Independent Affiliates must abide by all manufacturers’ use restrictions and copyright protections. Without prior written approval from the Company, no Independent Affiliate shall video and / or audio record the Company’s meetings, conferences and / or training sessions or any speeches (including conference calls) given therein.

Vendor confidentiality

The Company’s business relationships with its vendors, manufacturers and suppliers are confidential. Independent Affiliate must not contact, directly or indirectly, or speak to, or communicate with any 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. The independent Affilliate can create vendors for his repurchase plan.

GENERAL PROVISIONS
Liability

To the extent permitted by law, the Company shall not be liable for, and each Independent Affiliate 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 Independent Affiliater as a result of:

  • (a) The breach by another Independent Affiliate of his / her agreement, any term or condition of the DPPM, and / or the Business Plan.
  • (b) The operation of other Independent Affiliate’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 Independent Affiliates 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 / Independent Affiliates to the company.
Violations

It is the obligation of every Independent Affiliate to abide by and maintain the integrity of the DPPM. If an Independent Affiliate observes another Independent Affiliate committing a violation, he / she should discuss the violation directly with the violating Independent Affiliate.If the Independent Affiliate wishes to report such violation to the company, he / she should provide details of the violation in writing or thru official company website at www.dcartexpress.com and mark the correspondence “attention: grievance committee.

Amendments

If the Business Plan of the company is amended, it will be informed to the Independent Affiliates and above in General meetings. Changes of Business Plan will be live on website on immediate basis and Brochures / Leaflets will be distributed among the Independent Affiliates. Such notice may be provided at any time by posting the changes to the DCART Web Site, (www.dcartexpress.com) or the Service itself. DCART shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Endorsement

No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in the Company literature and communication..

Complaint and Grievance

Upon receipt of a written complaint the DCART Compliance Department will investigate the matter review the applicable policies and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions. DCART Compliance Department’s decision shall be final and binding on the Independent Affiliates to the dispute.

Governing law

This agreement, the DPPM, the terms and conditions of Application / Registration Form Product purchase and the Business Plan shall be governed by the laws of Republic of India.

Jurisdictions and Arbitration

Any dispute, controversy or claim arising from or in connection with the Agreement, the DPPM and / or the Business Plan or the breach, termination or invalidity thereof (herein after referred to as the “Matter”) shall first be sought to be resolved amicably between the Independent Affiliate concerned and the Company.

If the Independent Affiliate 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 DCART INTERNATIONAL PVT LTD, ERNAKULAM, Kerala India. The place of arbitration shall be Kerala, India. The arbitration proceedings shall be conducted in the English language.

Entire Agreement

The Agreement, the DPPM and the Business Plan together constitute the entire Agreement between an Independent Affiliate and the Company.

Severability

If at any time any provision of the Agreement and / or DPPM 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 DPPM 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.

Notices and communication

Each notice, demand or other communication to be given or made under the Agreement, the DPPM and / or the Business Plan by the Company to an Independent Affiliate shall be in writing and delivered or sent to the relevant party at his / her last known address or email address designated by the Independent Affiliate and recorded in the file. Any notice, demand or other communication to the Company shall be sent or delivered to the Network Compliance Department of the Company at its office in Ernakulam, Kerala, India or by email to info@dcartexpress.com Any notice, demand or other communication so addressed to the relevant party physically shall be deemed to have been delivered after twenty (20) days it is given or made, provided that, if such day is not a working day in the place to which it is sent, such notice, demand or other communication shall be deemed delivered on the next following working day at such place. In the event of such notice, demand or communication is sent by email, it shall be deemed to have been received by the other party when the email enters the recipient’s mail server without any undelivered message sent back to the sender.

Company Contacts

Regarding any product issues the company and the customer shall communicate only through the official company email id and contact number  Customer Care Number: +91 Email Address: info@dcartexpress.com

English Language Prevail

In the event that the DCART Policy & Procedure Manual (“DPPM”) is translated into another language and there exists any inconsistencies in any provision between the English-language version and the translated version of the DPPM, the English-language version shall always prevail.

BUY BACK / EXCHANGE / REFUND POLICY
Buy Back / Exchange / Refund Policy

DCART Buy Back Policy for its Customers / Independent Affiliate:  Customers /Independent Affiliate may return the products within 30 days of dispatch date as follows:

Thanks for shopping at our site. DCART stands behind the quality of its products and guarantees your satisfaction. If for any reason you are not completely satisfied with the products, you may return it within 30 days from the date of Invoice of the product which should be notified within one week from purchase as per the terms of the Refund Policy.  If there is any change of mind, the product can be returned within 30 days of delivery .The Company shall pay all the money back(exclusives applicable) within 30 days after deducting the courier charge and service charge and the payout if released.

Refunds Once we have received your item we will inspect it and notify you that we have received your returned item and the status of your refund . In the event the return of a Product is duly accepted by us the value of such Product, as originally paid by Customer /Independent Affiliate during acceptance of Product, will either be refunded to Customer / Independent Affiliate either to the bank account provided for such refund, or to the payment instrument from which payment was made. DCART shall have the sole discretion to determine the mode of reversal from the above options. 

When the product is delivered to the customer and if it is found defective or has any manufacturing defect, the customer shall send it back to the company within 30 days of invoice date where in the company will replace the product immediately at no extra cost.  The company has the right to reject and deduct the actual cost of any product items on finding of usage/damage or mishandling by the customer.  All DCART products are covered under DCART Customer product refund policy, in our terms and conditions. 

Shipping Cost You will be responsible for paying your own shipping cost for returning your items. Shipping costs are non-refundable.  In some exceptional cases, if the cost of the shipping is paid by the company the shipping cost of the return product will be deducted from the refund amount. 

Cancellation of transaction / orders:
  • Cancellation by DCART :There may be certain orders that it is unable to accept and has the right to cancel such order. It reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Customer / Independent Affiliate order being cancelled include, without limitation, non-availability of the Product or quantities ordered. It may also require additional verifications or information before processing any order. If Customer / Independent Affiliate’s order is cancelled, after the payment has been processed, the said amount will be reversed / remitted either to the bank account provided for such reversal, or to the payment instrument from which payment was made. DCART shall have the sole discretion to determine the mode of reversal from the above options.
  • Cancellation by the Customer /independent Affiliate: In case of request for order cancellation, DCART reserves the right to accept or reject  requests for order cancellations for any reason whatsoever. As part of usual business practice, if it receives a cancellation notice and the order has not been processed, it may cancel the order and refund the entire amount to Customer / Independent Affiliate within a reasonable period of time. It will not be able to cancel orders that have already been processed. Customer / Independent Affiliate agrees not to dispute the decision made by them and accept the decision regarding the cancellation.
  • Set-off of any benefits availed by the Independent Affiliate: In case the Independent Affiliate has availed any benefit under any marketing or promotions provided by DCART in relation to the Product for which the order has been cancelled by the Customer /Independent Affiliate or by DCART, independent Affiliate agrees and authorizes it to recover such benefits from the Independent Affiliate or set-off the same from any refunds.
Company Contacts:
  • Regarding any product issues, the company and the customer shall communicate only through the official company email id and Contact number.
  • Customer Care Number: +91
  • Email Address: info@dcartexpress.com
MECHANISM FOR GRIEVANCE REDRESSAL
Mechanism for Grievance Redressal
  • Customer / Independent Affiliate can make Grievances in either of the mentioned modes – Calls / Written Application / Email / Walk-in / Online Grievance Cell, etc.
  • Grievances received will be furnished into the internal Grievance software. A unique track Id will be generated against all the Grievances and will be provided to the customer / Independent Distributor on the registered Email Id and Mobile Number.
  • Customers / distributors need to keep the unique track Id secure with them in order to take follow-up against the Grievance.
  • At first instance Grievance is handled by the executive of the customer care team. The executive has a period of 7 working days to resolve the issue. In case executive is unable to handle the problem / grievance up to full satisfaction, the software escalates the issue to the next level of Grievance redressal committee.
  • Members of Grievance redressal committee are: Mobile No Email Id Mobile No.:   Email id: 

    The committee will meet on a 15 day period (On 15th and 30th Calendar day of every month). All pending grievances will be disposed off by the committee in these meetings. If the grievance is not resolved within these 15 days, the grievance will be forwarded to next 15 day period and same will be intimated to the customer / Affiliate

  • If the Grievance Committee is not able to resolve the issue in this time frame, the grievance is escalated to the Nodal Officer.
  • Details of CEO DCART INTERNATIONAL PVT LTD are mentioned below:
  • Name:Mr. BIBIN BABU CEO Mobile Number: +91 7356469333 Email ID: bibin@dcartexpress.com
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