• This Agreement is entered into between eBIZ.com Pvt. Ltd. a company incorporated under the Companies Act, 1956 and having its office in Noida / New Delhi, hereinafter referred to as the Company on the one part and any User / Associate who / which buys the Product and Services Package of the company, as specified herein below, hereinafter referred to as the "Associate" on the other part.
• The Associate represents and warrants that the marketing program and the compensation plan, its limitations and conditions have been understood clearly by him / her and, the Associate is not relying upon any representation or promise that is not contained in this Agreement or other official company material. An Associate shall be a person who submits a properly filled in online application on the requisite format (as obtained by clicking "Buy Now" button on our website www.ebizel.com) and such application is electronically submitted and Purchased Product (ONLINE) is instantaneously delivered by accepting ONLINE LEGALS(Terms and Conditions) and FAQ‘S (given on our website).
• An Associate shall act and be as an independent contractor and shall not have any authority to bind the company for any obligations whatsoever.An Associate is not an Agent, Employee or any other Legal representative of the company or its service provider. The relationship between the company and an Associate will come into being only when this Agreement is agreed and accepted online by any Purchasing Associate and this Agreement shall remain enforceable during its existence only. An Associate shall be presumed to have understood the Terms and Conditions of this Agreement which are detailed herein below.

  1.Educational Package.

• The Purchased Educational Package is delivered online immediately after the registration Process is over i.e without sending any consideration. The consideration could be sent only if completely satisfied with our Product within 40 days from the date of online Purchase. The consideration for the Purchased Product if completely satisfied is to be paid by an Associate, within the meaning of this Agreement. The facilities referred to in this sub-clause are hereinafter referred to collectively as "Product / Services".

• 2. Term / Renewal.

• The term of this Agreement is one year and shall commence from the day the application of the Associate on the requisite format is received by the company, subject to the consideration received or to be received within the specified period. The term of the Agreement may be renewed by the company for another year(s) when an Associate renews the Product / Services / Package of the company on the specified terms.

• 3. Termination.

• It is mutually agreed between the parties that:
• (a) The Associate will not use the Product / Educational software of the company, which is against any law or public policy or contrary to any of the terms of this Agreement. Any reproduction, re-distribution, resale or unlawful use of the Product / Services of the company will result, in termination of this Agreement by the company and the Associate shall be liable to be prosecuted under the civil / criminal law.
• (b) Any copying or reproduction of the Product / Service Package / Business Plan / any content of our website and Educational software of the company shall be deemed as violation of this Agreement, and will attract its immediate termination by the company. Such act of an Associate shall render him / her liable to be prosecuted under civil / criminal / copyright / trademark law.
• (c) Any misrepresentation of the aims and objectives of the company, which include but are not limited to, online computer education, trading internet, and designing or helping in design of web pages, that may or may not be harmful to the interest of the company, will invite immediate termination of this Agreement by the company, and consequential suspension / cancellation of any rights and obligations that arise out of this Agreement.
• (d) This Agreement will stand automatically terminated the day an Associate sets up his / her own Firm / Business / Company with the similar aims and objectives or by and large similar to as those of the company.
• (e) The company reserves the right to terminate the Agreement immediately without any written notice if any Associate is found to indulge in anti-company activities in any manner or found to disturb any Private or Public Business Meeting or Free Teaching Seminar organized by the Associates or the Company.
• (f) The company reserves the right to terminate the Agreement without assigning any reasons with or without giving any written notice to an Associate, if Acts / Deeds of the Associate are detrimental to the interest of the company.
• (g) You must take a written permission from eBIZ.com Pvt. Ltd. to produce / publish any promotional materials such as CDs, VCDs, Books, Audio cassettes etc. for distribution to other eBIZ Associates. The developed promotional material such as CDs, VCDs, Books, Audio cassettes etc. by any eBIZ Associate is only for FREE distribution to other Associates and it can not be sold at any price in any circumstances to other eBIZ Associates / Guests. Violation of this will attract immediate termination by the company.

• 4. Consideration.

• (a) No consideration is required for acquiring Free Basic eBIZ Educational Package. The consideration for the purchase of eBIZ Educational Package is Rs. 1655/-[Rupees One Thousand Six Hundred and Fifty Five only] / [US$ 65 ] and the consideration for the purchase of Advance eBIZ Educational Package is Rs.7446/- [Rupees Seven thousand Four Hundred and Forty six only] / [US$ 250 ] to be paid only after complete satisfaction with the performance of the package by way of Bank Demand Draft favoring eBIZ.com Pvt. Ltd. payable at New Delhi (Indian Associates) or other payments mode for specific countries as given on our website or online through paypal [http://www.paypal.com] services (Foreign Associates), the total cost of Advance eBIZ Educational Package includes the Annual Maintenance Charge of Rs. 1250 /- [US$ 40 ], and the balance Rs. 5500 /- [US$ 200 ] is the valid consideration for the Product and Services of the company within the ambit of this Agreement for the period of one year. The next year if an Associate is willing to renew the product the relevant consideration towards Annual Maintenance Charge for the next year has to be paid on such Terms and Conditions as specified in this Agreement.
• (b) It is mutually agreed between the parties that the Associate can evaluate the purchased product online for 30 days and the consideration should only be sent after complete satisfaction. If satisfied, then the consideration should reach at company's office within 40 days from the date of registration. In case the Associate fails to make payment within the aforesaid 40 days period to the company, this Agreement will stand terminated or will be deemed as null and void ab-initio. The Associate would receive complete product from the company during this period of 40 days. If Associate sent the consideration prior to 40 days, it would be deemed that he / she is completely satisfied with our product and agrees to all our Terms and Conditions and FAQs.
• (c) The Associate can cancel his / her Product / Services within 10 days (inclusive the payment receiving day) from the date, the payment is received by the company, by sending either written request or posting cancellation request at support.ebizel.com or by filling the Purchased Product Cancellation Form, available at logged in area of the Associate and seek refund, if he / she feels cheated, misguided or not satisfied with the performance of the Product. The Associate is entitled for refundable amount of Rs. 6894/- after deducting processing fee of Rs. 500/- and applicable Service Tax as per Govt. of India) / US $ 200 (Two hundred only) after deducting processing fee of $ 50 which is the consideration paid for the Product / Services of the company within the scope of this Agreement. In such event this Agreement will be deemed to have been terminated and null and void ab-initio.
• (d) It is mutually agreed between the parties hereto, that the company is at liberty to change / modify the quantum of consideration payable under this Agreement in future or provide for additional Product / Services at such additional cost as may be determined by the company.
• (e) Advance eBIZ Educational Package could only be Purchased after accepting Online Agreement (Terms and Conditions).
  
  However, in Order to make double sure we accept payment for the Purchased Product, once the following DECLARATION duly signed in by Purchasing Associate and authenticated by Selling Associate is received:
  
  “Certified that I am atleast 18 years of age and have completed atleast 10th grade of schooling. I have received complete "Advance eBIZ Educational Package" online immediately after registration. I am completely satisfied with eBIZ Product. I have completely understood how to learn courses given in Advance eBIZ Educational Package online by myself (using Computer and Internet at my own cost). I am aware that I can evaluate the purchased Product online for 30 days and the cost of the product would only be sent, if completely satisfied. I am aware that the product cost could be sent only if satisfied to eBIZ office within 40 days after the date of registration for Purchase. The refund policy is understood by me very clearly. I have carefully read the Terms and Conditions and FAQs applicable to eBIZ.com Pvt. Ltd. as given on website www.ebizel.com and agree to them. I am signing this DECLARATION with complete understanding and with my own WILL, without any PRESSURE / UNDUE INFLUENCE and INDUCEMENT. I am aware that any dispute arising out of this purchase would first be solved as per Terms and Conditions of the company, failing which could be addressed exclusively in competent courts in Delhi only.”

• 5. Force Majeure.

• It is expressly understood by both the parties here that any act of God or force majeure, that include, but is not limited to, natural disaster, war, technical failures and operation of Law / Government Policies that may prevent the due performance of any of the obligations under this Agreement, or under any Terms / Conditions / Subsidiary Agreement that may form an integral part of this Agreement, will not be construed as failure to perform the contract by either of the parties hereto. However, it is clarified that the party, so affected will take all possible steps towards normal performance of obligations under this Agreement, as soon as possible. No party will be responsible for any loss due to the other party, in these circumstances.

• 6. Security.

• An Associate is required to keep any company's password and other secure access, information confidential and notify the company promptly if the Associate believes that the security of an account has been exposed. The company has taken reasonable step to protect the security of online transactions.
  However, the company does not warrant such security and will not be liable for any losses or damages resulting from any security breaches. The Associate shall be liable for losses or damages resulting from the security breaches.

• 7. Privacy Statement.

• (a) Associate hereby agrees that the company is entitled to ask for personal information, login Id and password at any stage in the course of the use of Product and Services contemplated under this Agreement.
• (b) Associate understands that the company and its chosen service partners may use login Id of the Associate to operate or help to operate sites and services for the purposes of the user or company, and to inform Associate of any new Features / Services / Products from the company or its affiliates, including products and services that may be related to the Product and Services contemplated under this Agreement, but are not necessary to its operation.
• (c) The company may disclose such Login Ids / Passwords or any other reference code / number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the company believes that such action is necessary to conform to the requirement of law or to comply with the Legal process or in reply to any notice served upon the company or to protect and defend any rights of the company with respect to the Products / Services contemplated under this Agreement or to protect the safety of the users / the company / the public in extraordinary circumstances.

• 8. Jurisdiction And Disputes Resolution Mechanism.

• This Agreement shall be construed and enforced in accordance with the Laws of Union of India and shall be subject to Delhi Jurisdiction.
• (a) All disputes between the Associate / User and the company arising out of or in relation to this Agreement directly or indirectly shall be first settled amicably through negotiation between the parties. In the event of the dispute not being settled amicably between the parties, the same shall be referred to the Sole Arbitrator appointed by the company under the Provision of Arbitration & Conciliation Act, 1996 and the venue shall exclusively be at New Delhi only.The Managing Director, eBIZ.com Pvt Ltd can be appointed as Arbitrator.
• (b) The Associate and the company have mutually opted and submitted to the exclusive jurisdiction of competent courts exclusively in New Delhi, India only, alone in relation to any dispute between the parties arising out of or in relation to this Agreement. Causes of action between the parties here to of any type, whether based on this Agreement; on fraud or any other tort, or grounded in principles of strict liability or statutes of any kind shall be heard exclusively in a competent court within the jurisdiction of New Delhi only. Each party hereby submits to the jurisdiction exclusively of competent courts in Delhi only and expressly waves the rights to bring any suit / action in other courts.
• (c) All the Associates outside India are also governed by the rules and regulations of eBIZ.com Pvt. Ltd. [India] as eBIZ.com World Marketing Ltd. [Canada] is only responsible for collection of payment and releasing the commissions to the Associates outside India on behalf of eBIZ.com Pvt. Ltd. [India]. For any dispute between the company and any Associate outside India, eBIZ.com World Marketing Ltd. [Canada] will not be responsible, and all the disputes will be addressed to and settled by eBIZ.Com Pvt. Ltd. [India] in accordance with the Terms and Conditions laid down here in this Agreement. All the Associates are responsible for their own taxes and respective Provincial / State and Federal laws.
• (d) In case of the multiple claims / disputes that may involve the company and more than one user for the cause of action relating to all such parties, such parties hereby consent and submit to a single, consolidated arbitration proceeding. Any award made under such arbitration will be final and binding on both the parties hereto.

• 9. General.

• (i) LEGALS means AGREEMENT (Terms and Conditions) applicable to eBIZ.com Pvt. Ltd.
• (ii) The Company reserves its right to change the Terms and Conditions of the Agreement under which the Product / Services of the company are being offered.
• (iii) The company reserves the right to deny, in its sole discretion, before / after termination of this Agreement, user access to web site, facilities, products or services, without any notice or reason.
• (iv) This Agreement constitutes the entire Agreement between the parties on the subject matter thereof, however, Associate / User understands that any Commitment, Terms and Conditions, as displayed on the web site of the company, will be treated as integral part of this Agreement , which would be binding on both parties. No additional promises, representation, guarantees or Agreements of any kind, shall have any validity concerning the subject matter of this Agreement, unless the same is in writing and is agreed upon and signed by an authorized representative of the company in hard copy form.
• (v) If an Associate refers / recommends the Products / Services of the company to some other prospective user, and consequently decided to accept some incentives / commissions being offered by the company, then the Associate will be bound by Agreement / Terms and Conditions on the subject contained elsewhere in the company web-site, and the same Agreement / Terms / Conditions, will form a binding contract between the user and the company, and will be enforceable in the same manner as this Agreement, being subject to the same restrictions on jurisdictional.
• (vi) Associate agrees that the latest version of this Agreement, available on the company's web-site, without any modification whatsoever, will be the operative version of this Agreement, and any modification of this version of the Agreement by any User / Associate with malafide intent will invite immediate unilateral termination of this Agreement by the company and such user shall be liable to be prosecuted under the relevant provision of the law in force. The operative intent of this clause will extend to all terms, conditions and notices, which are ancillary / incidental to this Agreement, including any such Terms and Conditions which may be contained in the company's web-site or in any other web-site / web page which is also operated by the company or its affiliate, including any such sites or pages which can be accessed by links contained in the web-site of the company.
• (vii) Headings to clauses in this Agreement are for the purposes of references only, and shall not be construed as indicative for the purpose of interpretation of any clause.
• (viii) If there is any conflict between this user Agreement and other documents, this user Agreement shall govern, whether such other documents is being made / created prior to or subsequent to this user Agreement, or is signed or acknowledged by any Director, Officer, Employee, Representative or Associate of eBIZ.com Pvt. Ltd.
• (ix) The Company does not owe any responsibility whatsoever for any Loss, Damage or Distress to any person, whether or not a purchaser of our Products / Services on account of any action taken or not taken on the basis of our Product / Business / Mission.
• (x) Associate interested to promote eBIZ Business / Mission must examine their Country / State / Province laws. Company will not be responsible in any ways if any Associate is promoting the Business / Mission without examining their Country / State / Province laws. However, our product ( Free or Paid ) could be obtained for only learning purposes from anywhere.
• (xi) Physically fit persons are only allowed to promote eBIZ Business / Mission. Blind and physically impaired persons are not allowed to promote eBIZ Business / Mission. However, they may take Free Basic Educational Package for learning from other eBIZ Associate.
• (xii) In case of any dispute only current information on our website (www.ebizel.com) will be used.
• (xiii) Any lawsuit or bad propaganda against the company by any Associate will immediately disallow the ongoing commissions (if any) without any notice, however, they will continue to enjoy our products.
• (xiv) If we find any eBIZ Associate involved in misguiding / spreading misunderstanding to other eBIZ Associates about the company's rules / policies / activities / functioning directly or indirectly, would amount to immediate suspension of commissions without any prior notice. However, he / she will continue to enjoy learning through purchased product for the entire purchased period.
• (xv) Company releases the earned commissions only to the Associates who are 18 years of age and their PAN ( either photocopy of Pan Card or digital copy of Pan Card uploaded on our website www.ebizel.com from Update PAN link available in logged in area) is received by us. If you have not acquired the age of 18 or not have sent a photocopy of your PAN card, you are not entitled to receive your any commissions. However, the day you acquire the age of 18 and the day we receive your PAN you are eligible to earn ongoing commissions since then. The commissions earned (if any) prior to fulfillment of the above conditions will not be paid in any circumstances.
• (xvi) It is mandatory for all the eBIZ Associates to visit our website [ www.ebizel.com ] at least once in a week to see the recent Changes / Modifications / Updation .
• (xvii) Only information available at our website related to Company or its President / Directors should be given to other Associates / Guests for promotion of eBIZ Business / eBIZ Mission. Any Associate violating this will not be allowed to promote our Business / Mission anymore and his / her ongoing incentives / commissions will immediately be stopped, however, he / she would continue to enjoy online learning through product purchased by him / her for the entire purchased period.
• (xviii) Product could be renewed for the next year by paying Annual Maintenance Charge of Rs 2758 /- ( inclusive all taxes ) only.
• (xix) If the total number of sales for any week(s) is not sufficient to release the commission then either we will club the sales of that week(s) to the sales of next week(s) and run the commission on the basis of total sales for these weeks or we run the commission with the modified Orbit / Step rates or do both. The minimum sales required to run the commission in any specific Week / Fortnight / Month would be determined / decided by the company and the decision of the company in this regards would be final.
• (xx) We may add / delete any existing Products / Services at any time due to any reason and the decision of the company in this regards would be final.
• (xxi) If President of eBIZ.com Pvt. Ltd. is convinced that any Associate is drawing commission / incentives without any contribution, he may stop the ongoing commission / incentives without any notice and with immediate effect.
• (xxii) eBIZ product can not be purchased in joint name or partnership.
• (xxiii) Associates residing outside India are not allowed to earn any commission in India.
• (xxiv) All Associates must Post / Send their query at support.ebizel.com.
• (xxv) eBIZ.com is created primarily to promote Fundamental Computer Literacy amongst the masses and to provide Ongoing Non-Formal continuous fundamental education online. Though, the incentives are involved to encourage the Associates to promote this noble cause but company does not guarantee any incentives / commissions. The company is committed to provide the Advance eBIZ Educational Package or any other purchased courses / products for the purchased period for the consideration unless any such technical fault / difficulty arises which is beyond the control of the company.
• (xxvi) The total cost ( including cost of the Product and Annual Maintenance Charge ) of our product includes the cost for the Technical and Non Technical Support, Maintenance for the entire purchased period and Numerous Utilities and other courses developed by us. We have also developed courses / tutorials for some renowned softwares to create better understanding and learning about the computers. These courses are added without any cost. Our dedicated staffs are available all the time to provide special technical and non technical support and other services / maintenance for the entire purchased period, which is required to facilitate learning and making use of our other services to any individual who have purchased Advance eBIZ Educational Package.
• (xxvii) All our Courses are developed by the subject experts and by our appointed staff members under the guidance of president of eBIZ. com Pvt. Ltd. These courses are designed to help the deprived and deserving masses (who otherwise are not given chance to learn from anywhere) to learn. All our courses are designed for self learning only and to be learnt using Computer and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Govt. of India.
• (xxviii) In order to evaluate their learning, Associates can take up online Quiz. Successful Associates are provided an online certificate. Please note these certificates are not recognised by any institution or by any Govt. body . These certificates are only an indicator of some fundamental learning which has taken place.
• (xxix) eBIZ.com has made ever first and unique attempt to teach the Computers in various Regional, National and International languages. In this task we have taken the help of various subject and language experts. We tried to do our best to provide the exact translation but in case you find any error of any nature please do not hesitate to communicate to us without any delay and we undertake to correct the existing error immediately.
• (xxx) n case of any conflict of translation of any of the learning material contained in the Regional, National, International or English language, the English version shall prevail.
• (xxxi) Users are recommended to buy Advance eBIZ Educational Package if they feel that the full package is important and useful for them, otherwise only FREE Basic eBIZ Educational Package or eBIZ Educational Package could be obtained / purchased.
• (xxxii) People are encouraged to buy our products only if they are willing to learn our designed courses. People participating in our program just to take the benefit of our incentive plan are highly discouraged.
• (xxxiii) Commissions / Incentives are not the right of any Associates, however, purchased products would be served for the purchased time period.
• (xxxiv) In order to take the benefit of all the sales in Binary compensation plan on continuous basis you must fulfill all conditions mentioned in our business section. Failing in any one would result in flushing of the entire sale volume.
• (xxxv) In order to earn commission (if any) uninterruptedly all the Diamond and above Associates have to organize two FREE COMPUTER LEARNING CAMPS every year on their own under the information to eBIZ.com Pvt. Ltd. This is a mandatory requirement.


• (xxxvi) People who have tremendous skills and selling abilities, only make money in eBIZ LEARN and GROW Plan. Very little percentage of people either possesses these abilities or develop them, so we encourage people to buy Advance eBIZ Educational Package primarily for learning our designed courses only as earning incentives might be difficult for many of them.
  Please note here again that we are only charging for our products and nothing is charged for the business opportunity.
• (xxxvii) All Diamond and above Associates are expected to promote eBIZ Business / eBIZ mission with full zeal and enthusiasm on full time basis and expected to periodically organize Product / Business meetings regularly on Daily / Weekly basis and not to indulge in any other business directly or indirectly without prior approval of the company, failing which will lead to denial of any further commissions / incentives without any notice. The decision of the company in this regard would be final and shall be binding on the Associates.
• (xxxviii) All Diplomat and above Indian Associate are expected to promote eBIZ Business / eBIZ Mission with full zeal and enthusiasm on full time basis and expected to periodically organize Product / Business Plan meetings and Business Building seminars. The details of these meetings / seminars must be posted on the meeting section of our website ( www.ebizel.com ) at least 10 days prior to the commencement of the meetings / seminars and the weekly report should be posted through weekly report section available in Associate area. In addition to the above a minimum of one Training / Development Programme in a month should be conducted / organised to teach / train to their Leaders about the Updates / Changes and Development of various required skill for promotion of our Business / Mission. These Training Programme must be organized under the guidance and information to the company ,failing this will lead to denial of any further commissions / incentives without any notice. The decision of the company in this regard would be final and shall be binding on the Associates.
• (xxxix) It is the duty of the Selling Associate to provide correct information and follow all the rules of the company. Also it is the duty of the Purchasing Associate to verify all the information given to him by visiting our website [www.ebizel.com]. Company will not be responsible for any wrong information given by Selling Associate which is accepted by the Purchasing Associate without verification. However, if a written complain against the Selling Associate is send to us about promoting wrong information, this would amount to direct termination of the Selling Associate without any compensation. Any loss occurred to the Purchasing Associate due to wrong information provided by the Selling Associate, which is accepted by the Purchasing Associates without verifying / visiting our website www.ebizel.com would be the responsibility of the Purchasing / Selling Associates. Company will not be responsible if anybody has purchased or sold our product by accepting / giving wrong information.
• (XL) While selling our products it is the duty of the Selling Associate to properly Demonstrate / Explain our products to the Purchasing Associates and explain them very clearly that all our products are designed for self learning only by using computer and internet at their own cost. Since commissions for sales are involved in our system so it is the duty of the Selling Associate to Demonstrate / Explain very clearly our products on computer using internet from any nearby available resource to the Purchasing Associates and must guide them to go through our LEGALS (Terms and Conditions) and FAQs available at our website www.ebizel.com before Purchasing our products. Our products should only be purchased if Purchasing Associate is totally satisfied with our PRODUCT, LEGALS (Terms and Conditions) and FAQs. After selling our product a DECLARATION must be signed in by the Purchasing Associate on the Invoice Form. Please note that company will not accept any payment without duly signed in DECLARATION on the Invoice Form by the Purchasing Associate. The Selling Associate must verify on the Invoice Form the signatures of the Purchasing Associate and his / her age, which should be at least 18 yrs. Any failure of duties in this regard would be the responsibilities of the Purchasing / Selling Associate.
  The sale of our paid Packages should only be made to the people who after “Demonstration” feel satisfied and think that they can get enough learning benefits from our Packages, otherwise Free Basic eBIZ Educational Packages should be introduced. Poor people or people having not enough educational background should be given Free Basic eBIZ Educational Packages and in no circumstances they should be sold Advance eBIZ Educational Packages. Any legal problem arises due to violation of this will be the responsibility of the Selling Associate and company will not be responsible in any ways.
• (XLI) Any sale done against the Terms and Conditions of the company by way of misrepresentation or otherwise solely for the purpose of earning commissions is not allowed and any Legal problem or losses arises due to this will completely be the responsibility of the Selling ( Sponsoring ) Associate.
• (XLII) It is the duty of the Selling Associate to verify age of the Purchasing Associate and see the authenticity of the signatures of the Purchasing Associate on the Invoice Form. It is the duty of the Purchasing Associate to satisfy with the contents of the DECLARATION on the Invoice Form very carefully before signing as after signing the DECLARATION, it will be binding on the Purchasing Associates. Being the global company we do not have control over the functioning of each and every Associate so this is the duty of the Selling Associate to see the authenticity of the signatures of the Purchasing Associate on the Invoice Form or any other documents and also it is the duty of the Purchasing Associate to provide us the correct DECLARATION. Any Legal problem arises due to wrong signatures or wrong DECLARATION will be the responsibility of the Selling and Purchasing Associate and Company will not be responsible in anyways..
• (XLIII) No Associate can sell directly or indirectly to other Associates and Guests CDs, DVDs , Books, Presentation files or other materials produced by any eBIZ Associate. This is very serious matter as nobody can sell any material to other Associates for promoting eBIZ Business / eBIZ Mission. Any Associate found to violate this rule would face immediate suspension / termination along with the producing Associate, from the incentive plan, however, he / she would continue to enjoy online learning through product purchased by him / her for the entire purchased period.
• (XLIV) eBIZ Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kindheartedness and Love.
• (XLV) Associates can contribute money with the involvement of the Company for the production of the promotional material developed by eBIZ Associates or by the Company to distribute to other eBIZ Associates / Guests at Free of Cost for promotion of eBIZ Business / Mission. It is to be noted that the promotional material produced by eBIZ Associates can not be sold to other eBIZ Associates directly or indirectly in any circumstances.
• (XLVI) Any Associate earning commissions from eBIZ can not join other Company of similar nature / Business directly or indirectly otherwise he / she would lose their right to get any further commissions from eBIZ. However, he / she would continue to enjoy online learning through product purchased by him / her for the entire purchased period.
• (XLVII) It is the duty of all the Associates to follow all the LEGALS (Terms and Conditions) and FAQs of eBIZ. We are a global company set up for providing Product / Services online. It is neither possible for us to have any control nor have any way to know for any violation done by any Associate unless we receive any complaint. Any action for any violation as indicated on our site, would be initiated only after receiving a genuine complaint where the matter seems to lie in our jurisdiction. However, all our Associates are Independent so they are responsible for their own wrong doings in their respective jurisdiction / States / Provinces / Countries.
• (XLVIII) Purchasing Associates are strictly warned not to pay any cash payment to his / her Selling Associates or any of his / her up line Associates. All the payment must be made through a Bank Demand Draft drawn on the name of eBIZ.com Pvt. Ltd., payable at New Delhi only and the photocopy of the Bank Demand Draft must be retained very carefully. Personal and Payment information must be verified by the Purchasing Associate before signing the DECLARATION on the Invoice Form. Selling and Purchasing Associates must keep a photocopy of the Invoice Form. The original Invoice Form is to be sent to the company along with Bank Demand Draft. Company will not be responsible if any part / full payment is made to any up line or Selling Associate by the Purchasing Associate or the proper Invoice with the Bank Demand Draft does not reach to the company.
• (XLIX) In case of product transfer, it is the responsibility of the transferor to provide all the information about our LEGALS (Terms and Conditions), FAQs and Advance eBIZ Educational Package to the transferee and also it is the duty of the transferee to get all the information provided by the transferor verified by visiting our website i.e. www.ebizel.com. Company will not be responsible for any loss or damage to the transferee on account of any false commitment or misrepresentation made by transferor which is accepted by the transferee Associate without verification.
• (L) All Purchasing Associates would be deemed to have accepted all our Terms and Conditions given in LEGALS (Terms and Conditions) and FAQs by checking the CHECK BOX and SUBMITING it during the Registration process. However, in order to make double sure Signed DECLARATION is required on the Invoice Form by the Purchasing Associate duly authenticated by his / her Selling Associate.
• (LI) If Purchasing Associate is signing Declaration on the Invoice Form in any Language other than English, Selling Associate must ensure that Purchasing Associate has clearly understood our LEGALS (Terms & Conditions), FAQs and the contents of our product. Any dispute arises in this regard would be the responsibility of the Selling Associate.
• (LII) This is the responsibility of the Selling Associate to make sure that the Purchasing Associate possess reasonable understanding of English language and make sure that he / she understands our LEGALS (Terms and Conditions), FAQs and contents of our Products very clearly. In case Selling Associate has any doubt about the understanding of English language of the Purchasing Associate, he / she should advice him / her to first learn using our FREE PACKAGE and help them to LEARN / GROW. Online quizzes are to be under taken only in english language.
• (LIII) Purchasing Associates must learn our Online / Offline courses and utilise all our on-line services using computer and internet at their own cost within the period of purchase. Company will not be responsible in anyways if our courses are not learnt by any one of our Associates within the period of purchase.
• (LIV) In Business / Product Meetings / Seminars, Presenting Associates must promote eBIZ Business / Mission as per our LEGALS (Terms and Conditions), FAQs and Business Plan and as per the information given on our website (i.e www.ebizel.com). Presenting Associates / Selling Associates must explain / demonstrate our products very clearly and must explain how to access / use them. Company will not be responsible for any Legal problem arises due to misrepresentation or wrong commitments by Presenting / Selling Associates.
• (LV) In order to attract New Guests and encourage / motivate them to learn / promote our Business and connect them to the fast communication system company may provide Sales Promotion Materials / Tools / Aids for Computer Literacy / Business Promotion / Publicity / Canvassing during various Free Literacy Camps /Conventions / Seminars / Contact workshops / Meetings and other Social Welfare / Development program organized by the company, its Associates or any other organisation.
• (LVI)If we receive any complain from our eBIZ Associate that any one of our existing Associates is involved in misguiding / spreading misunderstanding about the company's rules / policies / activities / functioning directly or indirectly or violating any rules and regulation of the company, then company reserved the right to suspend the ongoing commissions with immediate effect without any notice. Complain should be certified by Diamond or above Associates. However, he / she will continue to enjoy our products for the purchased period.
  If it is proved that you have not been involved in misguiding / spreading misunderstanding about the company's rules / policies / activities / functioning directly or indirectly or violating any rules and regulation of the company and also found to be obeying all the FAQs, then complaining Associate / Associates and / or certifying Associate / Associates (if any) are responsible for the commission (if any) of suspended period. Company will not be responsible for paying the commission for the suspended period in any circumstances. If you are not proved to be culpable then the company will start paying commission from the date accepted by the company.
• (LVII) Any Associate found to indulge in any other activity would automatically lose their right to renew our product next year for the purpose of doing business with us. However, product could be purchased for the purpose for Learning only.
• (LVIII) Multiple positions created on the name of other family members solely for the purpose of generating more income would not be permitted. If it is found that the multiple positions are solely created for generating more income then the income of other created multiple positions would be stopped immediately, however, eBIZ product would be provided for the entire purchased period.
• (LIX) Any anti-social activity / manhandling to any eBIZ associate by any other eBIZ Associate would automatically disqualify forever for ongoing commissions. However, eBIZ Product could be enjoyed till the purchased period.
• (LX) Purchasing Associate willing to participate in our optional Business / Mission Plan must understand that Selling / Learning to Sell is the most difficult task and Teaching / Training the Sale Force is even more difficult. Attending continuous Training Programmes organized by the Company for Learning / Developing various skills has proved very helpful for promotion of our Business / Mission.
• (LXI) Our Free Basic eBIZ Educational Package must be promoted amongst the poor people. Paid eBIZ Educational Package and Advance eBIZ Educational Package should only be sold to the Person who has the affordability and understanding the usage of Purchased Package. Any problem arises due to its violation would solely be the responsibility of the Selling Associate.
• (LXII) No offline Products will be provided on renewal of Advance eBIZ Educational Package.

• 10. Promises By Recruiting Associate.

• Selling Associate is not authorized to make any other promise to prospective Purchasing Associates other than those made by the company on its website www.ebizel.com under this Agreement and in other official company material relating to this Agreement. The company shall not be liable for any act of omission or commission, misrepresentation, false commitment and promises made by any Associate to the prospective Associate / User while introducing the Product / Package / Services of the company. At the time of Agreement, if any Associate while trying to enter into Agreement with the prospective Associate makes some false commitment, misrepresentation and promises such prospective Associate can write a complaint against the Associate to the company. Company will take appropriate action against such Associate but company shall not be responsible and liable for such acts of Associate.

• 11. Business.

• Associate will be entitled to participate in the business and education program of the company upon acceptance of an application by the company, with a Business Center offered Free of Cost, consisting of 2x matrix to unlimited depth. After making sale of two Advance eBIZ Educational Packages,Associate will be eligible to get commission on the sales occurring in his / her organization due to his / her continuous Participation / Training / Teaching / Helping and Development to all the Associate in his / her organization and with fulfillment of the conditions, as explained on the company's Business Section on its website www.ebizel.com. An Associate understands that to earn commission in the program, Associate is responsible for generating business with proper guidance and training of the company and strictly as per the Terms and Conditions of the company. To do this, an Associate will personally make sales of the Advance eBIZ Educational Package which will build his or her sales team and will contact prospects by phone, net and in person and attend local training meetings of the Company Independent Associates or Representatives which will be notified by the Associate to prospective Associate. An Associate has to get continuous training from the Company and continuously to train those referred to by participation in the program. All Participating / Selling Associates must be introduced to the Training Programs / Events organised by the Company. Those who buy an Advance eBIZ Educational Package shall be entitled for Retail and Binary Compensation Plans.
  
  An Associate having applied to participate in the company's web based business program ["Program"], understands that he / she / it will be bound by the Terms and Conditions hereof, once such application is submitted online and accepted by the company.
  
  An Associate shall be entitled to get Company's site for online Application processing.
  
  An Associate is responsible for getting training by himself / herself from the company and training those who are referred by participation in the program also facilitating them for attending company’s periodically organized Training Programmes.
  
  An Associate shall be solely responsible for payment of his / her taxes and other levies [central or state] in general course of his self- employment as independent Associate or Company's web based program as per the laws and rules governing his / her Province / State / Country. Independent Associates agree that in India the revenue earned during the fiscal year will be liable to tax deduction at source at such rates as applicable in accordance with the Income Tax Act, 1961 or rules, amended from time to time.
  
  An Associate at his / her / its own expense, will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement. The company is not responsible for illegal submissions / representations made by any Associate.
  
  An Associate shall be responsible to keep him / her aware of any change[s] modification[s] in the existing Agreement or change in the compensation plan, rates, prices and charges. An Associate agrees that the company may from time to time by way of general notice, modify the existing Agreement or change in the compensation plan, marketing plan, rates, prices and charges in order to make it applicable to all Associates. If an Associate continues to remain in the program, it will be implied that he / she has consented for changes and will abide by those changes.
  
  Any notice for change / modification shall be deemed to have been given by the company or received by an Associate as on the day, after such notice is posted on www.ebizel.com web site. It is Associate's responsibility to be in touch and stay abreast of developments communicated in this fashion.

• 12. Cross Sponsoring/Cross Recruiting.

• An Associate understands that cross sponsoring, cross recruiting and cross line jumping are prohibited in the company's Business Program. This may result in the imposition of penalty / suspension / cancellation / revocation of his / her Product / Services / Package and as more fully set forth hereafter, but may include immediate termination of this Agreement without passing of any benefits or revenue / pay out payable to such Associate / prospective applicant. "Cross sponsoring" means soliciting an Associate 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 down line as the one in which the Associate first was placed.
  "Closely related person or entity" is any person in the household of the Associate [e.g. Spouse, Son, Daughter, Parents living in the same household] or any Legals entity which is controlled by the Associate.

• 13. eBIZ Educational Packs And Its Wrongful Multiple Sale.

• Any Company / Person or Legal entity may buy more than one Advance eBIZ Educational Package after obtaining written permission of the company. However, the company does not encourage any person to purchase more than one Advance eBIZ Educational Package to participate in the program and the compensation plan or even to maximize potential compensation. Any Associate who advises potential Associates otherwise is in violation of this Agreement and is subject to penalty as set forth herein. Purchase of more than one Advance eBIZ Educational Packages by a customer requires prior written approval of the company and failure to do so shall be construed as the violation of this provision and this would result in cancellation of all the created multiple positions without any notice. Husband and Wife Purchasing separately Advance eBIZ Educational Package would be considered as multiple positions.
  
  The Company may in its discretion provide its Product / Service Package as an opportunity to enter in business on complimentary or on loan basis to the deserving Associates.

• 14. Income Representation.

• An Associate / User is not entitled to any profit solely on the ground that he / she has introduced another person as an Associate to the program.
  There is no guarantee under this program that the Associate will drive any specific income or profit. Any income that Associate earns under this program is determined by Associate's personal activity / efforts as an independent Associate. Associate understands that eBIZ Educational Package and other products sales revenue shall be paid only to the qualified "selling" Associate and to his or her qualified downline and upline Associates. The Associate shall not make any income representations except those set forth herein or otherwise specifically set forth in official company's material. Associate understands that the revenue earned through the company is not the only source of his / her income and any other income derived will be disclosed to the authority on his / her own account and the company shall not be responsible for revenue earned by the Associate other than what is earned from the company.

• 15. Links To Third Party Sites.

• The eBIZ Educational Package and www.ebizel.com sites may contain links to web sites operated by parties other than company. Such links are provided for Associate's convenience only. The company does not control such web site, and is not responsible for their contents, www.ebizel.com inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

• 16. Liability Disclaimer.

• The information, software, products and services included on the eBIZ Educational Package may have inaccuracies or typographical errors. Changes will be effected periodically to the information herein. The company may make improvements and / or changes to the eBIZ Educational Packages at any time. Advice received via eBIZ Educational Package or in any manner from the company or its advisers, should not be relied upon for personal, medical, legal or financial decisions. An Associate is Free to consult and appropriate professional for specific advice tailored to his / her situation. The company and / or its respective suppliers make no representations about the suitability, reliability, timeliness and accuracy of the information, software, products, services and related graphics contained in the eBIZ Educational Package for any purpose. All such information, software, products, services any related graphics are provided "as is" without warranty of any kind.
  The company and / or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title and non-infringement. The company and / or its suppliers shall not be liable in any event for any direct, indirect, punitive, incidental, special , consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of the use or performance of the eBIZ Educational Package, with the delay or inability to use the eBIZ Educational Package, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the eBIZ Educational Package or otherwise arising out of the use of the eBIZ Educational Package, whether based on contract, strict liability or otherwise , even if the company or any of its suppliers has been advised of the possibility of damages. Because some states / jurisdiction do not allow the exclusion or limitation of liability for consequential or incidental damages. The above limitation may not apply to an Associate. If any Associate dissatisfied with any portion of the eBIZ Educational Package, or with any of these, the sole and exclusive remedy is to discontinue using the eBIZ Educational Package.

• 17. Software / Courses.

• Software [if any] / Courses / Tutorials that are made available by the Educational Package ["Software / Courses / Tutorials"] are the copyrighted work of the company and or its suppliers. An Associate's use of the Software / Courses / Tutorials are governed by the terms of the end user license Agreement, if any, which accompanies or is included with the software ["License Agreement"]. An Associate may not install or use any Software / Courses / Tutorials that are accompanied by or includes a License Agreement unless he / she first agrees to the terms of License Agreement. For any Software / Courses / Tutorials not accompanied by a license- Agreement, the company hereby grants to Associate, the user, a personal, non-transferable license to use the Software / Courses / Tutorials for viewing and otherwise using the eBIZ Educational Package in accordance with these Terms and Conditions and for no other purpose provided that Associate keep intact all copyright and other proprietary notices. Associate should clearly note that all Software / Courses / Tutorials, including without limitation all HTML code and programming code contained in the Educational Package, is owned by the company and or its suppliers and is protected by copyright and intellectual property laws of the land and international laws.
  Any reproduction or redistribution of the Software / Courses / Tutorials or any other material given on our site (www.ebizel.com) are explicitly prohibited by law and may result in severe civil and criminal liabilities.
  Copying or reproduction of the Software / Courses / Tutorials or any other information given on our site (www.ebizel.com) to any other sever or location for further reproduction or redistribution is explicitly prohibited. The software is warranted, if at all, only according to the terms of the license Agreement.
  

• 18. Service Contact.

• (a) http://support.ebizel.com for resolving the disputes/complaints and other issues.

• 19. Association.

• An Associate agrees that no joint venture, partnership, employment, or agency relationship exists between Associate and the company as a result of this Agreement or use of the eBIZ Educational Package.

• 20. Copyright And Trademark Notices.

• All contents of the eBIZ Educational Package / official material and the web site www.ebizel.com are the original work of the company and its suppliers have its offices in Delhi / Noida in India and is exclusive user of the same and thus is the absolute owner of the copy right thereof. All rights are reserved. The company and its website www.ebizel.com( link to : http://www.ebizel.com/ ), its products and or service referenced herein are domains, trademarks or registered trademarks of the company. Other products and company names mentioned herein may be the trademarks of their respective owners.

• 21. Transfer Of Product / Business.

• In order to maintain the integrity of the company's sales organization, Associate who wishes to transfer his / her Product and automatically created Business Center, must first contact to his Sponsoring / Selling Associate for helping him in transfer of his / her Business / Product and automated created Business Center. If the Sponsoring / Selling Associate decline to get the same transferred, then the Associate will be at liberty to offer the same Product / Business Center to someone else, on the same Terms and Conditions on which it was offered to him / her. However, all such transfers will necessarily require company's permission, completion of certain formalities by filing up of a prescribed form and payment of transfer fee. Transfer of a company or other Legals entity, which owns a Business Center, is hereby deemed to be the transfer of the Business Center and is subject to the provisions above stated. The company program / Business Center, like any other Business or Asset, an Associate may have is fully transferable in accordance with the terms of a Will, or in the absence of a Will, it passes to Legals heirs pursuant to the applicable in-testate succession laws. For those Associates who's ebizel.com Business / Product Center is owned by a company or some other type of Legals entity, there would be no change in the ownership of the Business / Product Center upon the death of an owner of that company, etc. Ownership of the company would change by passing to the Legal heirs, but the company would continue to own the ebizel.com Business Center / Product.
  
  Purchased Product of any Associate will not be transferred if he / she has earned any commission cheque or crossed a year of his / her registration date.

• 22. Information About Associates.

• Associate is required to furnish the complete and accurate information in the prescribed format to the company and also keep updated in case of any change.

• 23. Rejoining.

• An Associate may voluntarily terminate this Agreement by giving one month's written notice to the company at any time for any reason. If the Associate terminates this Agreement, then such Associate shall not be allowed to become an Associate again for a period of six [6] months. If Associate rejoins on line in violation of this policy then such Associate shall be terminated and he / she shall not be allowed to earn any revenue / pay out from the new position and that Agreement shall be treated null and void ab-initio.

• 24. Indemnity.

• Applicant / Associate hereby indemnify and to keep the company fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense [including Legal fees, costs and expenses on full indemnity basis] suffered or incurred arising out of or connected with the user's conduct, misuse of credit card or any act of Applicant / Associate whether directly or indirectly or against any violation of this Agreement.

• 25. Security/Confidentiality Agreement.

• Each Associate hereby, agrees to keep any ebizel.com passwords and other secure accesses information confidential and notify the company promptly if the Associate believes that the security of an account has been compromised. The company has taken reasonable steps to protect the security of online transactions.
  However, the company cannot and does not warrant such security and will not be liable for any losses or damages resulting from any security breaches.

• 26. Participation And Disclaimer.

• Important- Read Carefully: Be sure to carefully read and understand all of the rights and restrictions described in this Associate Participation, Disclaimer and FAQs (Frequently Asked Questions). Associate will be asked to review and either accept or not accept the terms hereof.
• (a) Associate / User checking the CHECK BOX and submitting it during the Registration process while purchasing the product online is a symbol of your signatures that you accept the terms of the Associate Participation and Disclaimer. This Associate Participation and Disclaimer is a Legals Agreement between you [either an individual, company or a Legals entity] and the company and you are bound by the Terms and Conditions of this Agreement.

• (b) To become an eBIZ Associate you must be at least 18 years of age and completed 10 grade of schooling. However, there is no qualification requirement or age bar to learn courses provided by us FREE or at NOMINAL COST.
• (c) The company reserves the right to modify the Terms of Participation by the Associate or prospective applicant for online Registration at any time and without prior notice to its Associates / Users / Prospective applicants. The service may be temporarily unavailable from time to time for maintenance or other reasons.
• (d) For the avoidance of any doubt, under any circumstances, the company will not refund its Associates / Users / Prospective applicant any consideration paid by them towards any products or services of the company.
• (e) Web Site Security Rules:
  Associates are prohibited from violating or attempting to violate the security of the company and its site, including without limitation to:
  i. Accessing data not intended for you or logging into a server or account which you are not authorized to access.
  ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication, measures without proper authorization.
  iii. Attempting to interfere with service to any Associate / User, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing", or
  iv. Sending unsolicited information, including promotions and / or advertising of products or services.

• (f) As a policy of General Rules, you will not use this site namely; www.ebizel.com in order to transmit, distribute, store or destroy material in violation of any of the terms detailed herein this Agreement.
• (g)The company is not responsible for any misuse or information or material provided, However the Associate / User is responsible for any inaccurate information published on the registration form or any other material supplied to the prospective applicants.
• (h) If the company believes in its sole discretion that any material information which may create liability for the company, the company may take any action that it deem prudent or necessary to minimize or eliminate its potential liability. The company reserves the right to send you emails. The company reserves the right to send the Associate emails based on any information you have provided to us, or any information not related to the information you have provided to us. Any such email sent by the company is not spamming, illegal or unsolicited.
• (i) If an Associate / user chooses to delete his / her profile and / or terminate the Agreement with the company, his / her profile will not appear in any search results. However, the company keeps the right to continue sending his / her emails in other fields, despite termination of this Agreement.
• (j) Associate further agree that the company reserves the right to suspend the payment of or forfeit the pay out of such Applicant[s] / Associate[s] whose association are liable to be terminated for committing such actions which are declared to be prohibited under this program or for non fulfillment of any other action or terms or conditions under this program.
• (k) The company at any point of time during the progressive running of the Web based business program by the Associate or its prospective Associates reserve the right to terminate / suspend / revoke / cancel without any prior notice or assigning any reasons thereof to such Associates / Applicants who joined under this program and are found guilty or are directly or indirectly indulge in recruiting their immediate family member or close relatives under their program by way of cross sponsoring / cross line jumping as embodied in the User Agreement policy and further participating in the down-line of their own immediate family members / close relatives contrary to the company's web based business program.
• (l) It is also agreed that the company reserves the right to suspend the payment of or forfeit the pay out of such Applicant[s] / Associate[s] whose association is liable to be terminated for committing such actions which are declared to be prohibited under this program or for non fulfillment of any of the action or terms or conditions under this program.

• Exclusion of all damages to the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever [including , without limitation, damages for any injury to person or property, damages for loss of profits, business interruption, loss of business information, for loss of privacy for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any pecuniary or other loss whatsoever arising out of or in any way related to the use of or inability to use the web site, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any supplier has been advised of the possibility of such damages. This exclusion of damages shall be effective even if any remedy fails of its essential purpose. You will indemnify and hold harmless the company, its Directors, Officers, Employees, Agents and third parties from and against any claims, liabilities, losses, costs, damages or expenses [including attorney's fees arising from misrepresentation on the part of an Associate.

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