Terms & Conditions
Terms & Conditions
Date: 17th March, 2022
This Terms & Conditions [“T&Cs”] governs your use of this website of www.firstsecret.in (the "Website"), First Secret Private Limited offer of products for purchase and direct selling [“DS”] on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. First Secret reserves the right to change or revise the terms and conditions of this Agreement at any time any changes or a revised Agreement on this Website. First Secret will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. However, the user must also periodically check the changes in the T&Cs. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
First Secret Private Limited, has been created under the relevant laws of India. Your use of the website for purchase of products or direct selling will be administered by the below given T&Cs. In the given T&Cs “You” refers to any individual who is the user of the website, who will engage in either purchase or direct selling related activities. The user of the website can navigate the website and use it without making a registration. However, registration by submitting the required data becomes important while engaging in purchase or direct selling related activities.
The website might only be utilized for legitimate purposes and not for any other purpose that might intrude, harm or hinder in any manner. It must not be utilized for: (a) any false purpose; (b) for engaging in any criminal offence as per the laws of the country; (c) or use the material on the website that does not belong to the user; (d) breach any intellectual property rights’ (e) political battling, mass mailings, business networking, etc.
As First Secret Private Limited is fully legal, Direct Seller may not present First Secret Private Limited promotions on any SOCIAL MEDIA page, newsgroup, email or any distribution method that is regarded objectionable by First Secret Private Limited. Its internet service providers, or otherwise considered unlawful according to any controlling legal authority.
2. THIRD-PARTY LIABILITY:
First Secret Private Limited is not responsible for any third party's actions that may harm the Member in any way.
First Secret reserves the right to change or revise or modify the terms and conditions of this Agreement at any time any changes or a revised Agreement on this Website.
Any direct seller acting unethical or unprofessional may be terminated, in First Secret Private Limited's sole discretion, without refund, and all future commissions, leads and/or training will be forfeited.
5. CANCELLATION/TERMINATION OF MEMBERSHIP:
The membership of the Direct Seller can be cancelled/terminated anytime by First Secret Private Limited without giving any reason.
Any direct seller whose contract is cancelled/terminated will lose all benefits and privileges associated with First Secret Private Limited. All positions held in participating programs owned by First Secret Private Limited will also be forfeited and ownership will revert to First Secret Private Limited.
6. RELATIONSHIP OF PARTIES:
Although the parties must cooperate for the benefit of both parties, the parties acknowledge and agree that the direct seller must act lawfully and be an independent contractor and not an employee or agent of First Secret Private Limited. Nothing in this Agreement or these Terms creates a partnership, joint venture, agency or franchise between the parties in the legal sense of these Terms. Direct Seller shall not have the express authority to sign any document on behalf of First Secret Private Limited, impersonate an agent of First Secret Private Limited, bind the activities of First Secret Private Limited, or enter into any contract.
7. Dispute Resolution Mechanism:
First Secret and Direct Seller shall endeavor to settle any dispute or difference arising out of or in connection with the Direct Seller agreement through mutual discussions within 30 days of such dispute arising. The Direct Seller agrees that in the event it is not satisfied by any decision of First Secret or in the event that any issue raised by the Direct Seller has remained unresolved for a period of more than two months, and / or during the subsistence of this Agreement or upon or after its termination, any issue or dispute that the Direct Seller may have regarding the interpretation or operation of the clauses of this arrangement or any issues arising there from shall be referred to Grievance Redressal Committee set up by First Secret. Any dispute, difference or claim remaining unresolved post reference to the Grievance Redressal committee discussions shall be submitted to binding arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be at New Delhi and the award of the Arbitrator shall be final and binding on all Parties. Subject to the above, courts at New Delhi shall alone have jurisdiction in relation to the Direct Seller Contract and matters connected here to.
8. COPYRIGHT MATERIAL:
All trademarks, logos and graphics contained in First Secret Private Limited are copyrighted. Distribution or copying of such content is strictly prohibited. First Secret Private Limited provides authorized marketing materials to direct sellers. Third-party or self-produced marketing materials must first be approved by First Secret before use.
9. Intellectual Property and Use of content on the First Secret Website :
The First Secret Website (www.firstsecret.in) and the content on the same are protected by intellectual property rights, including copyrights, trade names and trademarks, including the name ‘First Secret’ and the First Secret logo, and are owned by First Secret Private Limited (“First Secret”) or used by First Secret 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 First Secret Website.
The content on the First Secret website may only be reproduced, distributed, published or otherwise used only after prior written consent of First Secret.
10. DAMAGING INTENT:
Any Direct Seller who engages in chat, email, postings or any other medium, content that is deemed damaging to First Secret Private Limited and or its employees and/or fellow Direct Seller will be terminated from First Secret Private Limited. Depending on seriousness, First Secret Private Limited may deem it appropriate to exercise legal action.
11. UCE/UBE or SPAM:
First Secret Private Limited strictly prohibits the use of UCE or SPAM. This enforcement is at the sole discretion of First Secret Private Limited and is for the benefit of all direct sellers. Direct seller accounts found to do this will be terminated and forfeit all current or future commissions.
12. CONTACT INFORMATION:
Direct sellers must update their personal records in their member’s accounts. First Secret Private Limited is not responsible for communication errors due to inaccurate or outdated contact information. Continuing unsuccessful attempts to contact you may result in the termination of your account.
As a direct seller, you are responsible for all taxes payable in your state or jurisdiction of residence domicile on the income you receive from leads sold through First Secret Private Limited or the First Secret website.
14. NO ASSIGNMENT:
Direct Seller may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party.
15. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION:
You agree that First Secret Private Limited is not responsible for the success or failure of your business or your business decisions with respect to the information provided by First Secret or its products and/or services.
16. ACCURATENESS OF INFORMATION:
First Secret Private Limited makes no representations about the accuracy or reliability of any referrals, third party companies or promotional messages or marketing tools offered on this site. While we believe that the people/company with whom we work are honest and ethical, we encourage you to conduct due diligence on certain claims or promises made in your marketing communications with respect to your use and purchase.
17. CROSS SPONSORING/CROSS RECRUITING:
Cross sponsoring, cross recruiting and cross line jumping are prohibited as per the company`s terms and conditions and the Direct Seller agreement. Cross sponsoring - means soliciting a Direct Seller or any closely related person or entity into a down line different from the existing down line for that Associate, or a closely related person or entity. Cross jumping - means an Associated or any closely related person or entity voluntarily taking a business that is not in the same downline as the one in which the Direct Seller first was placed. Closely related person or entity - is any person in the household of the Direct Seller (e.g. Spouse, Son, Daughter, Parents living in the same household) or any Legal entity which is controlled by the Direct Sellers.
18. INCOME REPRESENTATION:
Direct Seller shall not prepare any income statement other than as set out herein or specifically in official company materials.
1. Direct Seller engaged in direct selling should carry their identity card and not visit the customer’s premises without prior appointment/approval;
2. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the direct selling entity, the nature of the goods or services sold and the purpose of the solicitation to the prospective consumer;
3. Offer a prospective consumer accurate and complete explanations and demonstrations of goods and services, prices, credit terms, terms of payment, return policies, after-sales service;
4. Provide the following information to the prospect / consumers at the time of sale, namely:
5. a) Name, address, registration number or enrollment number, identity proof and telephone number of the direct seller and details of direct selling entity;
b) A description of the goods or services to be supplied;
c) The Order date, the total amount to be paid by the consumer along with the bill and receipt;
d) Time and place for inspection of the sample and delivery of good;
e) Information of his/her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;
f) Details regarding the complaint redressal mechanism;
6. A direct seller shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods sold by him/her, in such form as per applicable law.
7. A direct seller shall not:
a) Use misleading, deceptive and / or unfair trade practices;
b) Use misleading, false, deceptive, and / or unfair recruiting practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective direct seller, in their interaction with prospective direct sellers;
c) Make any factual representation to a prospective direct seller that cannot be verified or make any promise that cannot be fulfilled;
d) Present any advantages of Direct Selling to any prospective direct seller in a false and / or a deceptive manner;
e) Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and agreement between the Direct Selling entity and the direct seller, or the goods and / or services being sold by such direct seller which is false and / or misleading;
f) Require or encourage direct sellers recruited by the first mentioned direct seller to purchase goods and / or services in unreasonably large amounts;
g) Provide any literature and / or training material not restricted to collateral issued by the Direct Selling entity, to a prospective and / or existing direct sellers both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity;
h) Require prospective or existing direct sellers to purchase any literature or training materials or sales demonstration equipment.
When you use our site, we may ask you to provide certain personally identifiable information that we can use to contact you or identify you. Personal Information may include, but is not limited to, your name, email address, mailing address, and phone number (“Personal Information”). Like many site operators, we collect information that your browser sends each time you visit our site ("Log Data"). This log data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our site you visit, the time and date of your visit, and the time you spend on those pages. and other statistics.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. They also help online retailers to keep track of a user’s electronic shopping cart before completing a purchase. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. We have to use cookie-based authentication to identify you as a registered customer/Brand Partner or send cookies to your computer to support personalized features on our website like your country and language codes as well as shopping and browsing functions. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
“The security of your personal information is important to us, but please remember that no method of transmission over the Internet or method of storage electronically is 100% secure. While we endeavor to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.
Links To Other Sites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.