The following words are used in this document shall mean as given below:
Direct Selling means marketing, distribution and sell of goods or providing of services as a part of network of Direct Selling other than under a pyramid scheme.
Direct Selling Entity means an entity, not being engaged in a pyramid scheme, which sells or offers to sell goods or services through a direct seller. Provided that "Direct Selling Entity" does not include any entity or business notified otherwise by the Government for the said purpose from time to time.
Package means the Express health checkup packages, illustrated in the website.
Package Price means price of Packages being offered by the Company from time to time which are detailed in Health Packages.
Marketing means interacting with a third party (as defined subsequently) and/or the same Distributor and convincing them to buy the Company Package/s. Marketing by a Distributor will be valid only if the Distributor has truthful and accurately described the Package being sold and has acted according to the Business Plan and after the third party and/or the Distributor, as the case may be, has paid the Customer Distributor package price to the company.
Distributor/Advisor: "Distributor" or “Advisor” is an approved individual to offer the Healthcare Packages of the Company as per the Business Plan, without any force, undue influence or illegal gratification or cash consideration.
Distributor Contract means the agreement setting forth the rights and duties of a Distributor, entered into through Distributor agreement form, inclusive of the terms and conditions on the reverse side, and any related addendum, as may be amended from time to time.
Nominee means the person named by the Distributor in the application form and consented to by the company to succeed to his Tights and capacity.
Customer: Customer means a person who is entitled to avail of the Express health checkup package on the payment of the package price.
Beneficiary means the member of the family of the Customer whose name is mentioned in the application form as the only person entitled to avail of the Package.
Sales Team means the sum total of all the Downline Distributors, whom the Upline Distributor train, guides and motivate to sell Packages and whose sales is counted as part of such Upline Distributor’s group sales.
Sponsor means the Distributor who has successfully prospected the new Distributor.
Downline means a line of Distributor wherein each Distributor is prospected by the previous one e.g. if A as a Distributor has prospected B, and B as a Distributor has prospected C, then A's Downline will consist of B&C.
Upline means, in the context of the definition of the term 'Downline' above, that B & A are the upline for C, and for B the upline is A.
EVP means Express Value Points, which is a factor of Package price divided by effort index, as determined by Company from time to time.
Incentive means the sum paid (Inclusive of all rates & taxes and other deductions as applicable) to a Distributor in consideration of his/her acting in that capacity for the sale of Packages done by Distributor along with his/her Sales Team according to the Business Plan.
Cooling-off Period means the duration of time counted from the date when Distributor and the Company entered into the Agreement within which the Distributor may repudiate the Agreement without being subject to any penalty.
Cross Sponsoring means soliciting a Distributor or any closely related person or entity into a Downline different from the existing Downline for that Distributor.
Cross Jumping means a Distributor or any closely related person or entity voluntarily opting to be a Distributor that is not in the same Downline as the one in which the Distributor had first opted.
Royalty Income is the rank advancement bonus given to the distributor after achieving the position of Crown Advisor. It is been calculated as two percentage on the global turnover of the month of the company by the total number of matched EVPs of the qualified distributor.
Rank is the position the Distributor achieved by following certain criteria mentioned in the website under the Rank Advancement table.
Closely Related Person or Entity is any person in the household of the Distributor (e.g. spouse, son, daughter, parent living in the same/different household) or any corporation, partnership, limited liability company, Trust or other legal entity, which is controlled by the Distributor.
Management Team means a regulatory body set up by the company to address issues concerning the Distributors and also to offer suggestions/advice to the company for the well-being and welfare of the Distributors. The said council is purely advisory in nature and is not a separate legal entity/identity and its actions do not bind the company in any manner whatsoever.
Customer Grievance Committee and/or CGC means a committee constituted by the company, who is responsible to provide protection to Consumer/ member of public and to address the complaint, if any received against a direct seller, employee or any officer of the Company.
Express Healthcare Networx Delivery Center/s means the Diagnostic and Therapeutic Medical Centers, Pathological Laboratories, Nursing Homes, Clinics, Dispensaries and Hospitals who will be conducting the test at the request of the confirmed appointment.
Proprietary Information means information about the Company and/or its Package given to a Distributor in order to enable his/her to sell the Package and includes all oral instructions and all documents, etc. to be used by him/her according to the Business Plan.
Prospective Advisor means a third party who has expressed interest to become a Distributor after having undergone a mandatory orientation session to understand all aspect of Direct Selling, remuneration/incentive system expected remuneration/ incentive of new Distributor etc. but whose application form is not yet accepted by the company.
Third Party means a person who is not a Distributor of the company.
Violation means the breach by the Customer/Distributor, and/or his Nominee of any of the following terms.