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Copyright © 2019 Mizpah Marketing - All Rights Reserved.
The direct seller contract between the direct selling entity & direct seller has the terms and conditions which are construed in accordance with the model of Direct Selling Guidelines issued by the Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II) dated 9th September, 2016 and are further read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or agreements between direct selling entity and direct seller.
Between Mizpah Marketing (OPC) Private Limited, which is a registered company, having its Office at 5th Floor, 515, Prestige Centre Point, Cunningham Road, Bengaluru (Bangalore) Urban, Karnataka, 560052 (Hereinafter referred to as “Mizpah”) which expression shall, unless the context otherwise permits, include its successors and permitted assigns of the one part herein after called as First Party.
And
The person / entity who has filed the online / offline application form hereinafter referred to as ‘Independent Distributor’ which expression shall unless repugnant to the context or meaning there of be deemed to mean and include his / her / their legal heirs, executors, administrators and assignees of both the parties, hereby called as the Second party.
Whereas the first party is a registered Company under Companies Act, 2013 and the second party is willing to work with the first party after fully compliance of the Indian Contract Act 1872 read with the guidelines as provided by Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II) dated 9th September, 2016 on the following terms and conditions. They are as follows:
Definition: –
In this Agreement
1. “Independent Distributor(s)” – Shall mean a person / entity who has accepted the contract to undertake Direct Selling Business of Mizpah and avail the financial or non-financial benefits.
2. “Sponsor”- Sponsor shall mean an existing Independent Distributor be it a person / entity who introduces a new customer to be an Independent Distributor of Mizpah and whose name appears on the Application Form as the Sponsor.
3. “Business Volume (BV)” – Shall mean the value on which the incentives will be calculated on sold products of Mizpah as per Mizpah Compensation Plan.
4. “Downline” – means the Customers / Independent Distributors below a specific Independent Distributor respectively in the Genealogy as the context requires.
Terms: –
1. Subject to this Agreement, Mizpah hereby appoints the Independent Distributor and the Independent Distributor hereby accepts its appointment on a principal-to-principal, non-exclusive basis to use, promote and resell the products of Mizpah in India.
2. This instrument hereafter referred to as the Agreement, executed between Mizpah & Independent Distributor(s).
3. Upon executing the Agreement, Independent Distributor agrees to register on the Mizpah website www.mizpah.in. You get unique Independent Distributor ID and password to operate your Business Operation Centre (BOC). In the event of any discrepancy between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. You agree that you shall not be entitled to register with more than one Account on the Website for any reason whatsoever. You and your wife are considered as a single entity. In the event Mizpah has reason to believe that you or any person on behalf of you has activated more than one Business Operation Centre (BOC), this Agreement shall forthwith be deemed to be terminated. In the event this Agreement is terminated for only reason whatsoever, the Independent Distributor shall not be eligible to apply for a position as an Independent Distributor, for a period of 6 (Six) months from the date of termination or for such period as Mizpah may in its sole discretion decide.
4. Simultaneous to or within 15 (Fifteen) days from the date of executing the Agreement, he / she agree to submit the physical copies of the following documents (“Registration Documents”) to Mizpah at its Registered office located at Bengaluru and the same shall be acknowledged by Mizpah in writing:
a. Original Mizpah Application Form;
b. One Color Passport Size Photograph;
c. A self-attested PAN card copy
d. A Self Attested Cancelled Cheque bearing Account Number & IFSC code
e. A self – attested copy of the address proof UID / Aadhaar Card preferred.
5. Your KYC should be submitted to head office within 15 (Fifteen) days period, otherwise the Form shall be deemed to be terminated and Your Business Operation Centre shall automatically stand terminated, without any further liability on Mizpah. Further Mizpah may reject the form, in whole or part for any reason, at its discretion, including but not limited to the form containing incomplete, inaccurate, false or misleading information. Any alteration or modification of the Agreement will be subject to rejection. For the avoidance of doubt, this Agreement shall be effective and valid from the date of acceptance of the Form by Mizpah.
6. No Fee is charged by Mizpah to become Independent Distributor(s).
7. This agreement shall become effective on the date Mizpah acknowledges and accepts Independent Distributorship or enter the details of Independent Distributor in Mizpah Database. Mizpah at its discretion may except or reject this application without any reason including incomplete inaccurate, false or misleading information in application.
8. Cooling Off Policy: Mizpah agrees to allow the cooling off period of 30 days from the date of purchase / signing of Contract in order to cancel the agreement and to receive refund for goods or services purchased according to the buyback policy of the company.
9. Buy Back / Refund Policy: Mizpah agrees to allow buyback of goods within 30 days of purchase / delivery of product.
10. Any Independent Distributor contravening any rules, regulation, policies, and procedures or causing any lawful loss to the company shall make this agreement liable for termination with immediate effect and the company shall have the right to file appropriate civil and criminal proceedings against him / her as the case may be.
11. In case of Non-Performance by Independent Distributor for the consecutive 2 Years, Mizpah will issue a Termination letter with a notice of 1 month to the Independent Distributor. If the Independent Distributor wishes to ask Mizpah to review the decision to terminate, he / she shall make such a request to the Mizpah in writing within thirty (30) days from the date of notice of termination. If the First Party does not receive such request within the thirty (30) days period, the termination will automatically be deemed final.
Independent Distributor agrees that: –
1. He / she entered into this agreement as an Independent Distributor of Mizpah, must be of 18 years and a person with sound mind capable to take decisions, independent entity, associated purely on the present contractual term, and shall have no power of authority to incur any debt, contracts, obligation or liabilities or to make any representation of any warranties on behalf of Mizpah.
2. He / she shall not be an employee or agent of Mizpah or in any partnership relationship with Mizpah or any other labor relationship with Mizpah.
3. He / she shall act as an Independent Distributor on his / her own name at his / her own responsibility for his / her account while purchasing and selling Mizpah products.
4. He / she shall not sell any Mizpah product for price more than Maximum Retail Price (MRP).
5. The relationship between Mizpah and Independent Distributor shall be governed by the rules contained in this agreement & Mizpah Compensation Plan.
6. Mizpah may amend any of the terms and conditions in this agreement and its website www.mizpah.in. If an Independent Distributor does not agree by such amendments he / she may terminate this contract within 30 days of such publication by giving a written notice to the company. Independent Distributor’s continued relationship with Mizpah will be considered as an acceptance to all the amendments.
7. He / she will understand the product cost or any of it is non-refundable after lapse of 30 days from the date of Registration on website as well as by this agreement. The Company’s liability is limited to replace any defective material, at its own cost. If found and reported within 24 hours of delivery, via email to info@mizpah.in or returned to the Mizpah Office or relevant distribution center.
8. The Independent Distributor agrees that his / her decision has been made directly by him / her and not under any influence. Before starting his / her relationship with Mizpah he / she has read and understood all information given on the website www.mizpah.in.
9. Mizpah will deal exclusively with the Independent Distributor himself in respect of all business matters and will make all payments on account or return or refund through Bank transfer / account payee cheque drawn in favor of the Independent Distributor.
10. Mizpah authorizes Independent Distributors to share, release and circulate all or part of the information set forth herein to other Independent Distributors within or outside of India.
11. He / she cannot transfer this agreement or any of the right or obligations arising out of it to anybody else without prior written consent of Mizpah.
12. He / she shall sell and deliver the product to other customers / Independent Distributors ethically and professionally.
13. He / she shall provide bona-fide supervision and training to downline Independent Distributors including on-going contact, communication, encouragement and support.
14. He / she shall be personally liable for all kind of taxes, via, or any other Government dues, levies or statuary liabilities arising due to any Earning / Income from Mizpah.
15. He / she has applied for Independent Distributorship of Mizpah Products according to the terms and conditions mentioned in this Agreement and Mizpah Compensation Plan and are available on company’s website www.mizpah.in.
16. He / she shall provide a photo Identification Card issued by any Central or State Govt. as proof of address and add identity and PAN applicable.
17. He / she shall carry the Identification card issued to him / her by Mizpah and will seek prior appointment with customer for initiation of sale. He / she would identify himself and Mizpah, provide address, registration, telephone number to customer and would truthfully represent the nature of products / services in the manner consistent with the claims authorized by Mizpah.
18. He / she understand that he / she is not supposed to pay any money to any Independent Distributor who is a part of his / her up-line and down line. He / she also understands that if any money so paid by him / her will be at his / her risk and cost and shall not create any liability against the Mizpah.
19. He / she shall not require / encourage other Independent Distributors to purchase goods / services in unreasonably large amount or to purchase any literature, training or sales demonstration equipment, nor will sell any unapproved literature / training material.
20. Independent Distributors fully understands the implications of the terms and conditions and therefore binds him / herself into a legal contract with Mizpah Marketing (OPC) Private Limited, as per the Indian Contract Act, 1872 and other applicable laws. Further, the Independent Distributors acknowledges and agrees that he / she read and abide by the Mizpah Compensation Plan (as amended from time to time) and the Direct Selling Guidelines 2016 issued by the Department of Consumer Affairs and all amendment thereto (which shall also govern the conduct and mode of business of the Independent Distributor under the present contract).
21. He / she shall not sell products / services on e-commerce platforms / market place or on any fixed retail outlet.
22. He / she shall indemnify and continue to hold Mizpah and its Directors, Employees and Independent Distributors indemnified against all claims made by any third party or Customer prospected by me and any related damages and expenses including the legal expenses arising out of or connected to the conduct of Independent Distributors (in connection with false claims, promises and other assurances made by him / her which are not made by Mizpah in writing). The liability of the Independent Distributors arising from this clause shall continue regardless of whether the action brought by such third party actually Succeeds or not.
23. Any amount payable to the Independent Distributor as incentive / bonus by Mizpah is inclusive of all taxes, by whatever name they are called, including GST, Professional Tax, Surcharge, Cess and other Taxes. These taxes shall be payable by the Independent Distributor as and when they are required to be paid as per low.
24. Mizpah reserves the right to recover back any income paid to any Independent Distributors under the following circumstances.
a. Product returned by under Buy Back Policy,
b. Returned to any Stockiest / Franchise under any applicable law or
c. Stolen or obtained by illegal means.
25. Mizpah reserves the full and absolute right, at any point of time, to withheld or suspend Independent Distributors benefits including but not limited to bonus, incentives, commissions, entitlements etc. In case he / she does not comply with the terms and conditions mentioned in the agreement.
26. The Maximum Retail Price (MRP) which is the Selling price of any Mizpah product is determined by Mizpah and no Independent Distributor shall be allowed to reduce or increase the price including by way of tempering with the selling price as affixed or decided by Mizpah on the Packing of the product. Breach of the regulation shall result in suspension or termination of Independent Distributorship by Mizpah.
27. Mizpah reserves the right, at any point of time to revise the selling price including BV Points of the product without any prior notice.
28. An Independent Distributor shall be held liable and responsible for false claims, misrepresentation, etc. About Mizpah business, quality, quantity, content, usage or benefits of products other than those mentioned in authorized product catalogue specified by Mizpah and all such acts shall lead to disciplinary action including suspension or termination of Independent Distributorship.
29. An Independent Distributor shall not sponsor any person by improper way such as:
a. Sponsoring an Independent Distributor who is already an Independent Distributor of another group.
b. Sponsoring the spouse of a person who is already an Independent Distributor of another group.
30. Mizpah reserves the right to take following actions if improper sponsoring is proven to have occurred.
• Independent Distributorship shall be terminated with immediate effect. If the Independent Distributor is terminated, all Independent Distributors who were improperly sponsored will be transferred to their original sponsors.
31. He / she shall not be involved directly or indirectly (including by proxy) in any activities of other direct selling companies or any other activities that will bring negative effects to Mizpah. Mizpah reserves the right to terminate any Independent Distributor who commits such offence.
32. In the event of doubt as to the true meaning concerning this Independent Distributorship, or any portion thereof in relation to its translated versions, the English Version shall prevail.
33. He / she is responsible for his / her Personal Income Tax liabilities, GST Registrations / Payments or any other taxes as per his / her Jurisdiction and that all commissions shall be transferred to his / her designate bank account after deducting necessary TDS, after submitting his / her Bank details, PAN and Aadhaar Card documents in lieu thereof.
34. If English / Hindi is not my first language, the content of the above affidavit and the relevant agreement / contract have been explained to me in my vernacular language and I hereby state that I have fully understood and unconditionally agree to all the terms and conditions without any force, pressure whatever of any kind.
Company’s Rights and Obligations:
1. The Company will make its products available to an Independent Distributor and shall pay him / her various incentives as set forth in the Mizpah Compensation Plan or Company Policy.
2. The Company shall comply with its obligations in accordance with this agreement.
3. TDS as applicable will be deducted by the Company from the commissions paid to the Independent Distributor(s) as per the Income Tax Rules.
4. Mizpah may terminate this agreement by giving written notice for
a. breach of any term and condition of this agreement
b. Non – Performance
c. If Mizpah for any reason arrive at the decision that he / she should not be continued as an Independent Distributor of Mizpah.
5. Advisory: Our Independent Distributor should follow “Just in Time” Policy rather than to stock the product. They should buy the product if and only when customer orders the product to them.
6. In Case of dispute or any loss whether in contract, tort or otherwise the arising out of this agreement liability of Mizpah shall not exceed the lesser of any of these
a. actual damage or loss assessed by arbitrator or any other dispute resolution arrangement adopted by both the parties,
b. total commission earned by the Independent Distributor during the preceding six months of the date of dispute.
7. All disputes, questions or differences whatsoever which shall either during the substances of the agreement or after the termination thereof arise the parties hereto or their respective representatives, touching these presents or the construction or the application thereof or anything herein contained shall be resolved under Indian Arbitration and Conciliation Act and / or its statutory amendments, modifications and re-enactment. The place of arbitration shall be Bengaluru (Karnataka, India).
8. The Parties herein irrevocably consent to the exclusive judicial jurisdiction of the competent courts of Bengaluru (Karnataka, India).
9. Products can be purchased by any mode of payment such as wallets Paytm / Debit Card / Credit Card / NEFT / RTGS / DD / Cheque / Cash accepted by Mizpah Marketing (OPC) Private Limited company account only. Company authorized Franchise only dispatches the product to Independent Distributor. There is no payment acceptance through Franchise. Application form must be signed by Independent Distributor and Receipt and Invoice should be issued for each purchase & Independent Distributor signature would be compulsory in application form, below mentioned is a column for signature.
10. All Incentives will be paid in accordance with Mizpah Compensation Plan.
11. DISCLAIMER: Mizpah expressly reserves the exclusive right to alter or amend these Rules and Regulations. Mizpah Compensation Plan, Independent Distributor Agreement as amended from time to time and any addendum as displayed on the notice board maintained in the marketing Office of the Mizpah and all such documents constitute the entire agreement of the parties regarding their business relationship. Upon updation on the website or notification by display on the notice maintained in the marketing office of Mizpah such amendments are automatically incorporated as part of this Agreement between Mizpah and the Customer and the Independent Distributors and are binding upon the parties.
Mizpah Marketing (OPC) Private Limited maintains thorough policies with respect of their products in accordance with certain categories Buy Back / Exchange / Refund for Mizpah Customers & Independent Distributors. The customers / independent distributors of Mizpah Marketing (OPC) Private Limited can avail the liberty of return of Mizpah products within 30 days of invoice as follows:
SECTION – A
Thanks for shopping with us. Mizpah 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.
*GST (Goods & Services Tax)
**Marketable refers to products that are unopened and sealed.
***Unmarketable are products, which have been opened and seal broken.
Exchange
If you need to change the products you may need to have the original customer order receipt copy. Thereafter, the Customer / Mizpah Independent Distributor can exchange the products from the Company within 30 days from the date of invoice and must submit the following at the time of exchange and help us in our services:
Refunds
Once we have received your item, we will inspect it and notify you that we have received your returned item. We will notify you on the status of your refund after inspecting the item. In the event the return of a Product is duly accepted by Mizpah, the value of such Product, will be calculated as per Section A points no. 1, 2 & 3 and will be refunded to Customer / Mizpah Independent Distributor either to the bank account provided by the Customer / Mizpah Independent Distributor for such refund, or to the payment instrument of the customer / Mizpah Independent Distributor from which payment was made. Mizpah shall have the sole discretion to determine the mode of reversal from the above options. No cash refunds under any circumstances will be made.
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
Reference Notes:
Refer www.mizpah.in for the latest update.
Any disputes, Bangalore jurisdiction prevails.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.mizpah.in website.
The domain name www.mizpah.in (hereinafter referred to as “Website”) is owned by Mizpah Marketing (OPC) Private Limited, a registered company, having its address as 5th Floor, 515, Prestige Centre Point, Cunningham Road, Bangalore, Bengaluru (Bangalore) Urban, Karnataka, 560052 (hereinafter referred to as “Mizpah”).
In General
Mizpah owns and operates the website with its full ownership & control. This document governs your relationship with Mizpah as distributor / customer. Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Website Terms of Use”). By using the Services, you are agreeing to all of the Website Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.
Website disclaimer
The contents of this website are only for information purpose. Users are advised to rely on information posted herein for any purpose only after verification and confirmation of the same from authentic and authoritative sources. Neither Mizpah nor the website developer is responsible for any consequences that may arise out of using such information without verification / confirmation. There may be time gap in internet / online posting / transmission of information and availability of such information at browsers’ end. Exact status may be confirmed from source www.mizpah.in. We are running this website, to promote our Business within our direct selling business. We are registered at 5th Floor, 515, Prestige Centre Point, Cunningham Road, Bangalore, Bengaluru (Bangalore) Urban, Karnataka, 560052. The Payment Gateway, which we mentioned in this website, is our official account, the money collected from this website on behalf of the company i.e. Mizpah Marketing (OPC) Private Limited on the sale of products exclusively marketed by Mizpah Marketing (OPC) Private Limited.
Prohibitions
The services available on this website are for customers, who are interested and have requested to become a customer of the company. Once you register as a user, you will permit us to fill the Mizpah registration form and to mention your name where ever your signature is required. You must not misuse this Website www.mizpah.in. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Mizpah will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Mizpah or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Mizpah and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with Mizpah you must be over 18 years of age. Mizpah retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The amount received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the amount paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
d) Independent Distributors
Upon receiving your request to become Independent Distributor with Mizpah, that he / she has read, understood and accepted all the terms and conditions on the Application + Contract Form and Mizpah through its separate Compensation Plan to provide incentives to its exclusive Independent Distributors and agrees to comply by all the terms laid down. To become an Independent Distributor is FREE with Mizpah Marketing (OPC) Private Limited. This document uploaded on the website www.mizpah.in, Independent Distributor of Mizpah also agrees to read and comply by further amendments, which will be made from time to time from Mizpah Marketing (OPC) Private Limited.
Disclaimer of Liability
The material displayed on this Website www.mizpah.in, is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Mizpah and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Mizpah’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice. Disclaimer as to ownership of trademarks, images of personalities and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and / or locations featured on this website are in no way associated, linked or affiliated with Mizpah and you should not rely on the existence of such a connection or affiliation. Any trademarks / names featured on this website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Mizpah.
Indemnity
Independent Distributors agree to indemnify, defend and hold harmless Mizpah, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Use.
Modification of Website Terms of Use
Mizpah shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and / or any page of this Website and its policies.
Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of the Terms of Use will not be affected all other clauses remaining in full force and effect. So far as possible where any clause / sub-clause or part of a clause / sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause / sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Communication with Customers
Mizpah ensures that any Product / Service Promotion initiated by the company are informed to our customers though SMS and E-mails. In order to keep the customers informed about their transactions, Mizpah sends regular Transactional SMS and E-mails to the customers from info@mizpah.in. If you have any queries with regard to the Website Terms of Use please contact: www.mizpah.in or by emailing to a dedicated email ID info@mizpah.in.
Entire Agreement
The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Mizpah. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a Director / Authorized Signatory of Mizpah.
Termination
If Mizpah comes across any member of the site who has counterfeited or acted against the Website Terms of Use, the website has full authority to terminate the user account and claim penalty through the legal proceedings.
Governing Law
The Website Terms of Use are customized in a comprehend manner which reign in accordance with the laws of India. With reference to this aspect all the disputes / conflicts that are related directly or indirectly with these Website Terms of use that belong to this website are to be submitted only in the adequate courts in Bengaluru (Karnataka, India). The adequate courts are personalized with the related authority of its kind. In case if your disputes are found Counterfeit then you will be highly responsible to undergo the penalty of the jurisdiction.
Orders may be placed online on website of Mizpah Marketing (OPC) Private Limited at www.mizpah.in or picked up from Mizpah’s office and / or from any of the franchisee outlet of Mizpah Marketing (OPC) Private Limited. Details are given below:
PICKUP FROM OFFICE OR FRANCHISEE OUTLET:
Pickup orders can be placed at any of the outlet. Payment options for Pickup Orders can be Cash, Demand Draft, Credit Card and Debit Card.
Pickup hours for all Outlets are:
• Monday to Friday 10:00 a.m. – 06:00 p.m.
• Saturday 10:00 a.m. – 01:30 p.m.
• Sunday (Closed)
Please refer to website www.mizpah.in for any latest updates and future information.
HOME DELIVERY
Home Delivery orders can be placed for providing easy access & convenience on website www.mizpah.in or by placing the order at office / franchisee outlets.
Payment:
Payment mode options for these orders can be:
• Orders placed at Office: Cash, Debit Card or Credit Card.
• Online orders: Credit Card, Debit Card, Net Banking, etc.
Home Delivery Orders Delivery fees:
Please refer to the website www.mizpah.in for more details on Delivery fees for the orders placed on www.mizpah.in.
The shipments are in perfect condition when the carrier takes possession of the same. By signing “received” on the delivery note, the recipient(s) acknowledges that the order was received in satisfactory condition. Do not sign in the event of damages or product shortages. Hidden damages discovered after the carrier has left and all other discrepancies must be notified within twenty-four (24) hours of receipt of shipment. Failure to notify Mizpah of any shipping discrepancy or damage within twenty-four (24) hours of receipt of the shipment will cancel Independent Distributor(s) right to request a correction and shall be considered deemed acceptance of the products.
Orders placed are typically shipped the very next business day. Orders placed on Saturday after 2.30 pm will be shipped on the following Monday. Delivery time will vary according to the location of customers / Independent Distributor(s). The average time for delivery is between 2 – 7 days. Delivery of products may not happen on Sundays or on major holidays as per the policy of the delivery partner.
Delivery of the Product
• There are various delivery models for delivery of purchased Product to the Customers / Independent Distributors, as decided by Mizpah. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on Mizpah Marketing (OPC) Private Limited and not on the customer / Independent Distributor. Mizpah represents and warrants that the products being delivered are not faulty and are exactly those Products which are listed and advertised on the Website and purchased by the customers / Independent Distributors and meet all descriptions and specifications as provided on the Website www.mizpah.in.
• Customer / Independent Distributor’s shipping address, pin code will be verified with the database of Website before they proceed to pay for their purchase. In the event order is not serviceable by logistic service providers or the delivery address is not located in an area that is covered under the order confirmation form, Customer / Independent Distributor may provide an alternate shipping address on which the Product can be delivered by the logistics service provider.
• Please note that there is no guaranteed dispatch time and any information about the dispatch should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Customer / Independent Distributor and Mizpah for purchase and sale of product on or through the Website www.mizpah.in. However, the Product shall not be delivered to the customer / Independent Distributor unless he / she make the full and final payment for the Mizpah Products.
• Customer / Independent Distributor shall be bound to take delivery of the Products purchased by him / her that are said to be in a deliverable state. Where Customer / Independent Distributor neglects or refuses to accept the delivery of the Products ordered by him / her, the Customer / Independent Distributor may be liable to Mizpah for such non-acceptance. Mizpah at its own discretion may call up the customer / Independent Distributor to evaluate the reason of non acceptance of the product. The decision of Mizpah would be final and binding on whether to redeliver or process refund as per the refund policy.
• The title in the Products and other rights and interest in the Products shall directly pass on to the Independent Distributor from Mizpah upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Independent Distributor is deemed to have accepted the Products. The risk of loss shall pass on to the Independent Distributor upon delivery of Product.
• Before accepting delivery of any Product, the Customer / Independent Distributor shall reasonably ensure that the Product’s packaging is not damaged or tampered.
Governing Law
• Any dispute(s) between Independent Distributor or its nominee(s) and Mizpah, arising from this Policy, shall be referred to the sole arbitrator (appointed by the company) and same shall be adjudicated by such Arbitrator as per provisions of Arbitration Conciliation Act, 1996. However, all proceedings shall come within the jurisdiction of District Courts in Bengaluru (Karnataka, India) only and such arbitration proceedings shall be held in district courts of Bengaluru (Karnataka,India) only. The final decision of the Arbitrator would be binding upon both the parties. Any breach of this covenant by the Customer / Independent Distributor will make him liable for damages and legal costs to the Company.
This privacy policy is an electronic record in the form of electronic contract formed under the Information Technology Act 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This privacy policy does not require any physical, electronic or digital signature.This privacy policy is a legally binding document between you and the company. The terms of this privacy policy will be effective upon your acceptance of the same (directly or indirectly in electronic form) and will govern the relationship between you and the company for your use of website www.mizpah.in
This document is published and shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 under Information Technology Act, 2000 that require publishing of the privacy policy for collection, use storage and transfer of sensitive personal data or information.
Please read this privacy policy carefully. By using the website, you indicate that you understand, agree and consent to this privacy policy. If you do not agree with the terms of this privacy policy, please do not use this website. You hereby provide your unconditional consent or agreements to the company as provided under section 43A and section 72A of Information Technology Act, 2000.
Thank you for visiting www.mizpah.in As used in this privacy statement, the terms “our”, ”we” and “us” refer to both Mizpah and the Independent Distributors unless the context provides otherwise. This privacy policy sets out how Mizpah uses and protects any information that you give us when you use this website. Mizpah is committed to ensuring that your privacy is always protected. Should we ask you to provide certain information by which you can be identified when using this website, and then you can be assured that it will only be used in accordance with this privacy statement.
What Information We Collect and How We Use It
The information that we collect on our website comes under two general categories:
Personally Identifiable Information
This refers to information that lets us know who you are or things specifically about you.
1) Visitors
You can browse our website without sharing any Personally Identifiable Information. If you want to register with us as an Independent Distributor or place an order, you may voluntarily provide your Personally Identifiable Information (name, address, email address or telephone number) to be shared with a registered Mizpah Independent Distributor for the purpose of assisting you with registration and order placement. We might also maintain a record of your contact information to help us provide better services in case you contact us again.
2) Ordering
When you place an order on our website, Personally Identifiable Information (such as name, contact info, order info, credit card and other transaction info) will be collected for the purpose of processing and delivering your order. We may also provide certain necessary order details to our shipping partners to complete the delivery of the order.
3) Credit Card Storage
The Credit Card Information collected for online shopping is used only to process payments for the orders and, is not retained on our website. The information is securely transmitted to the bank, and we store only the reference number and amount paid information provided by the bank.
4) Surveys and Promotions
You may voluntarily provide Personally Identifiable Information to participate in occasional surveys, user polls or to answer questionnaires. This information is used by us to better our products and services. We may also use this information to provide you marketing and promotional material.
Aggregate Information
This refers to information that does not distinguish you as a particular individual. This information includes your browser and operating system type, your IP address, URL (Uniform Source Locator) of the website that directed you to our site and any search terms you enter on our site. Such information is aggregated by our web server to monitor the activities on the site and evaluate its performance. This helps us improve the features and functions on the website to provide you a satisfactory user experience. We might compile, publish, store, collect, promote, disclose or use any Aggregate Information. We generally do not correlate any Personally Identifiable Information with Aggregate Information. In case we do this, it will be protected as per the terms mentioned for Personally Identifiable Information in this Privacy Policy.
Mizpah Marketing (OPC) Private Limited through this website, uses “cookies” to enable you to sign in into our services and to help personalize your online experience. As you browse, we may install cookies (tiny text files stored on your hard disk by a web page server) in your browser. Cookies cannot harm your computer and they do not contain any personally identifiable information. One of the primary purposes of cookies is to store your preferences and other information on your computer in order to save your time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to website. Cookies also help us to improve our site and to deliver a better and more personalized service. Among other things, they enable us:
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. It is your sole responsibility to safeguard the password created for your online account. In case you suspect that your password has been compromised, contact Mizpah Marketing (OPC) Private Limited via email at info@mizpah.in as soon as possible. Since your Mizpah Independent Distributor ID and account password are specific to you, you take full responsibility for any and all activity conducted on our site with your ID and password.
Third Party Links
Mizpah website www.mizpah.in does not include or offer third party products or services for its customers / independent distributors on the website.
Children’s Privacy Protection
Mizpah website www.mizpah.in neither targets nor its intended for children below the age of 18 years. Personally Identifiable Information will not be collected from children on purpose and if we discover such data on our site, the same will be deleted.
Changes to this Statement
Please check frequently for any updates or changes in this privacy policy before using this website or submitting any Personally Identifiable Information on this website. By using this website, you acknowledge acceptance of this Privacy Statement in effect at the time of use.
Intellectual Property and Use of content on the Mizpah Website
The Mizpah Website (www.mizpah.in) and the content on the same are protected by intellectual property rights, including copyrights, trade names and trademarks, including the name Mizpah and the Mizpah logo, and are owned by Mizpah Marketing (OPC) Private Limited or used by Mizpah under a license or with permission from the owner of such rights. The content protected by such intellectual property rights includes the design, layout, look, appearance, visuals, photographs, images, articles, stories and other content on the Mizpah Website. The content on the Mizpah website may only be reproduced, distributed, published or otherwise used only after prior written consent of Mizpah.
How to Contact Us
In accordance with Information Technology Act 2000 and rules made there under, you have any comments or inquiries about this Privacy Policy, if you would like to update information we have about you, or to exercise your rights, you may contact our Grievance Officer on info@mizpah.in
