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IBA Policy & Procedure

Table of Contents

1.

Welcome to Unfold U          

3

2.

Becoming an Independent Business Associate      

3-4

 

2.1

Eligibility       

 

 

2.2

Application    

 

 

2.3

Acceptance    

 

 

2.4

Right to Reject           

 

 

2.5

Notice of Changes     

 

 

2.6

Orientation Session    

 

 

2.7

Prohibited Practices   

 

 

2.8

Abide by Rules          

 

3.

Responsibilities of Business Associates       

4 – 5

4.

Legal Compliance    

5

5.

Business Ethics for Business Associates

5 - 6

6.

Kinds of Association with Unfold U

6

 

6.1

Individual

 

 

6.2

Sole Proprietorship

 

 

6.3

Partnership Firm/ Private Limited Company

 

7.

Sponsor’s Rights and Responsibilities

7-8

 

7.1

Sponsoring Right

 

 

7.2

Responsibility to Submit Completed Application with Documents

 

 

7.3

Responsibility to Supervise

 

 

7.4

Responsibility to Train

 

 

7.5

Responsibility To Provide Complete Information

 

8.

Transfer of Sponsorship

8

9.

No Principal-Agent Relationship

8

10.

Claims

8

11.

Termination of A Business Associate

8 -10

 

11.1

Disciplinary Actions  

 

 

11.2

Queries, Complaint, Grievance Procedure     

 

 

11.3

Right to Terminate

 

12.

Cooling off Period and Warranty

10 - 11

 

12.1

Cooling off Period     

 

 

12.2

Warranty on Product/Services

 

 

12.3

Warranty on Website and content

 

13.

Cancellation of Membership

11

14.

Changes in the ownership of IBA

11 - 12

 

14.1

Succession Upon Death or Incapacity

 

 

14.2

Divorce or Dissolution

 

15.

Line Switching, Cross Sponsoring, and Enticement

12-13

 

15.1

Prohibited Activity

 

 

15.2

Line Switching

 

16.

Sales Forces of Other Companies

13

17

Goods and Services Tax (GST)

13

18

Minimum Commissions Payment

13

19

Protection of Companies Intellectual Property Trademarks and Copyrights-

13 - 14

20

Dispute Resolution

14  - 15

21

Force Majeure

15

22

Return of Confidential Information

15

23

Submission

15

24

Electronic Communications:

16

25

Privacy policy

16-18

 

25.1

We are committed to Safeguarding

 

 

25.2

To Opt Out

 

 

25.3

Collection

 

 

25.4

Our policy Doesn't Apply to other websites

 

 

25.5

Disclosure of your information

 

 

25.6

Your consent

 

26

Waiver

18

27

Data Use & Privacy

18-19

28.

Provision of App, Website, Services &content

19

29.

Information handling

19

30.

Miscellaneous

20-21

31.

Disclaimer

22

             

 

 

1.         Welcome to Unfold U

            Unfold U Global Marketing Private Limited (hereinafter as “Company” or “Unfold U”) is a company incorporated under the Companies Act, 2013 having its Registered office at F-384 Sector 91, Near Ajit Samachar, SAS Nagar, Mohali Punjab 140308 and is engaged in the marketing/ selling of Unfold U’s educational services through the portal www.unfoldu.com (hereinafter as “web portal” or  “website” ) The company is on a mission to transform the education system of this country along with securing financial independence to thousands of people. Unfold U has crafted a unique learning technique and is offering people all over the globe to be the part of this Business. 

            These Policy & Procedures along with the terms and conditions of the Independent business Associate Form is designed to create an awareness of the responsibilities involved in Direct Selling among all the Independent Business Associates (hereinafter as “IBA” or “Business Associates”). The Policy and Procedure contains principles of ethical conduct for both, the company and its Business Associates and establish certain principles to be followed in the development and maintenance of the business and the rights, duties, and responsibilities of each Business Associate.

2.             Becoming an Independent Business Associate

            2.1       Eligibility: To become a business associate, the applicant must: 

  1. be of at least 18 years of age
  2. be able to manage his/her business due to mental or legal reasons
  3. not been suspended from his /her current profession or business by any business institution or associations
  4. not be in jail
  5. not barred by law to enter into a contract.

            2.2       Application: This IBA Application form constitutes the contractual offer of the undersigned individual(s) or legal entity (through its authorized signatory), as applicable, addressed to the company to enter into an Independent Business Associate (hereinafter referred to as ‘IBA’) Contract with the company under the Terms and Conditions specified in IBA agreement. The Applicant(s) hereby certifies(y) that he/she/they/it is/are legally competent to do business and is/are not bound by any legal requirement restricting or prohibiting his/her/their/its appointment as an IBA.

                        By accepting this application digitally, I/we confirm that I have read and understood the terms and conditions of the company in IBA agreement, compensation plan and other policy procedure, about free joining and its cooling off period. I further understand and agree that this application and any ensuing IBA agreement upon acceptance of this application by the company shall be subject to the Terms and Conditions given in the IBA agreement including the constituent documents as amended from time to time. Furthermore, I understand and agree that my/our information provided in connection herewith may be used in accordance with the company’s policy available at www.unfoldu.com (hereinafter referred as the “Website”). I am accepting this application under my/our own free will.

            2.3       Acceptance: Company reserve the right to not accept any application. The acceptance of the application is conveyed to the applicant by activating the business ID of the applicant on website. Upon acceptance, applicant becomes Business Associate of Unfold U.

                        This agreement is effective from the effective date of this Agreement and shall remain valid till IBA’s compliance with the Company’s policy & procedure. Either of the parties shall have the right to terminate this agreement by issuing a 30 (thirty) days written notice to the other party.

            2.4       Right to Reject: The Company reserves the right to reject any application for any reason whatsoever within two (2) months after received. The Company will not accept applications which contain intentionally falsified information and deems such application as void.

            2.5       Notice of Changes: The business associate is responsible for informing the Company of any changes affecting the accuracy of their application and any subsequent information regarding their account information.

            2.6       Orientation Session: The applicant must have undergone the orientation session to understand all the aspect of direct selling business, compensation plan and requirement to be a direct seller as provided in Guidelines of Direct Selling or any other applicable law.

            2.7       Prohibited Practices: No business associate, as a condition to become a new business associate shall be required to, nor any currently authorized Business Associate, as a condition to provide assistance to a prospective or new or existing Business associate, in the development of their membership, required the prospective or new or existing

  1. To pay any joining fee or purchase any specified number of products
  2. Purchase tapes, literature, audio-visual aids, or other materials or programs
  3. Purchase tickets for and/ or attend or participate in, seminars, or other meetings

            2.8       Abide by Rules: The business associate shall confirm that he has read the Policies and Procedures Handbook and has completely understood all contents before filling out his/her application form. He/ She must also abide by all the regulations and stipulations governing UnfoldU Business Associates.

3.         Responsibilities of Business Associates

            3.1       The business associate undertakes that the services by them will not violate any applicable government regulations and other legal obligations that affect the operations of his/her/their business.

            3.2       The business associate must strictly adhere to these policies and procedures.

3.3       The business associate shall at all times conduct himself or herself in a courteous and considerate manner and shall not engage in any pressure selling. A business associate shall never impose herself/himself upon her/his prospective customer and shall:

  1. Always take a prior permission or appointment before approaching a prospective customer and shall indicate the purpose of his/her visit and identify himself/herself as Unfold U Business Associate.
  2. If the customer indicates a desire to terminate the interview/meeting, the business associate shall immediately do so and shall leave the premises of the customer.

            3.4       The business associate shall be responsible for obtaining registration, license, approval or authorization to carry out the business as IBA, copy of which, if any, shall be provided to the company.

            3.5       The business associate should read all the terms and conditions given with the application form.

3.6       The business associate shall maintain proper books of accounts in the prescribed manner stating the details, in such form as per applicable law.

3.7       The business associate shall not enter into any agreement/arrangement which purports to create an obligation of or be binding on the Company or incur any liability on behalf of the Company.

3.8       The business associate shall obtain a prior approval of the company to publish, distribute, broadcast and circulate any promotional materials or advertisement provided by the Company during the course of this Agreement.

3.9       The business associate shall provide all the necessary information including but not limiting to PAN card number, Aadhar card number and Bank account number, photograph as requested by the Company. Further, the Company reserves its right to use their information for marketing or other purposes as required by the Company.

3.10     The business associate undertakes to not promote a Pyramid Scheme, as defined in the Model Direct Selling Guidelines, 2016 issued by the Government of India, or enroll any person to such scheme or participate in such arrangement in any manner whatsoever in the garb of doing direct selling business.

3.11     The business associate undertakes that it shall not participate in Money Circulation Scheme, as defined the Prize Chits and Money Circulation Schemes (Banning) Act,1978.

4.         Legal Compliance

            Business Associates must abide by all local laws and regulations, especially those laws and commercial rules related to the business and they must not undertake any transactions which can be considered as fraudulent or illegal or participate in any activity that may compromise Company`s reputation. There are no exclusive territories for sale of products/services nor shall any business associate imply or state that he/she has any exclusive territory rights. There are no geographic limitations on them except in those foreign countries that have not officially been opened by the Company. Personal information such as name, address, telephone number etc. will be treated as confidential and will not be used except in connection with the Company`s business, unless required by law.

5.         Business Ethics for Business Associates

5.1       A Business Associate should carry their identity card whenever visiting a potential customer and shall take a prior appointment from such person.

5.2       At the initiation of a sales presentation, the business associate shall truthfully and clearly identity himself/herself, the identity of the Company, the nature of services sold and the purpose of the solicitation to the prospective consumer.

5.3       The business associate shall offer the prospective consumer accurate and complete explanation and demonstrations of services, prices, credit terms, terms of payment, return policies, terms of guarantee, after sales service etc.

5.4       The business associate shall provide the following information to consumers at the time of sale, namely:

  1. Name, address, registration number or enrollment number, identity proof and telephone number of the business associate and details of the Company
  2. A description of the services to be provided.
  3. Explain to the consumer about the return policy of the company in detail before the transaction.
  4. The order date, the total amount to be paid by the consumer along with the bill.
  5. Information of his/her rights to cancel the order and/or return the product in saleable condition and avail full refund on sum paid.
  6. Details regarding the complaint redressal mechanism.

            5.5       A Business Associate shall not use:

  1. Use misleading, deceptive and/or unfair trade practices.
  2. 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.
  3. Make any factual representation to a prospective direct seller that cannot be verified or make any promise that cannot be fulfilled.
  4. Present any advantages of direct selling to any prospective direct seller in a false and/or a deceptive manner.
  5. 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 Company and the business associate or the services being sold by such business associate which is false and/or misleading.
  6. Force prospective or existing business associate to purchase any literature or training materials or sales demonstration equipment

6.         Kinds of Association with Unfold U

            6.1       Individual- An individual can operate its Direct selling business after becoming an Independent Business Associate. The Spouse of the Business Associate shall get De-Facto Membership of can operate on the same membership number of the other spouse. An IBA cannot operate on more than one memberships of the company, on his own name or on the name of its immediate family members.

6.2       Sole Proprietorship –A sole proprietor can become a business owner with Unfold U,

6.3       Partnership Firm/ Private Limited Company – A Partnership Firm or Private limited Company can apply for the membership of Unfold U by submitting a Corporate authorization form, Article pf Memorandum, Articles of Incorporation, Articles of Organization, partnership agreement, or trust document or other charter or organizational document as filed in the jurisdiction where they do business, along with the Application form.

 

7.         Sponsor’s Rights and Responsibilities

            7.1       Sponsoring Right: All UnfoldU Business Associates who are actively engaged in business have the right to sponsor others. If two business associates claim to be the sponsors of the same new Business Associate, the Company shall regard the first application received by the corporate home office as being the rightful sponsor. As a general rule, it is good practice to regard the first business associate who has meaningfully worked with a prospective UnfoldU business associate as having the first claim to sponsorship though this is not necessarily the sole factor of consideration. Other factors of consideration such as common sense and equitable principles should also be utilized. The final decision will be that of the Company.

7.2       Responsibility to Submit Completed Application with Documents: The Company may provide the business associates with various methods of submitting registration or information of newly sponsored UnfoldU business associate, including but not limited to, facsimile registration and online registration for the convenience of the business associates. Till the Company receives a duly completed application, containing all appropriate and required information as well as the signature of the proposed (new) UnfoldU Member Associate, the Company will only consider any such application as one which is merely a non-binding expression of interest. Although the Company is attempting to create convenience for its sponsoring UnfoldU business associate, it is the responsibility of each sponsoring business associate to cause delivery to the Company of a completed and signed agreement if the sponsor is expected to be recognized as the official sponsoring business associate.

7.3       Responsibility to Supervise: Any UnfoldU business associate, who sponsors other business associates must fulfil the obligation of performing a bona fide supervisory, distributing and selling function in the sale and/or delivery of product to the ultimate consumer and in the training of those sponsored. UnfoldU business associates must have ongoing contact, communication and management supervision with their sales team(s). For the avoidance of doubt, potential UnfoldU business associate shall not requireto provide any of such supervision may include but are not limited to: written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to company training etc.

7.4       Responsibility to Train: Those who sponsor widely but who do not help new business associates develop their business will be met with limited success. Therefore, it is the IBA’s responsibility to follow through and make sure the new UnfoldU business associates is properly informed and trained in the areas of product knowledge, the business plan, the professional guidelines of the network marketing industry, the Company Policies, Handbook and Agreement. Each sponsor shall conduct, or provide access to, training and motivation that complies with the Policies and Procedures Handbook. In order to meet this obligation, the Sponsor shall encourage his sponsored business associates whom he or she sponsored or arrange for support from other business associates, including his or her upline, business associates training providers. In all cases the Sponsor shall remain responsible and accountable under the UnfoldU agreement for ensuring that compliant training and motivation are made available to his or her sponsored business associates.

7.5       Responsibility to Provide Complete Information: When soliciting a prospective UnfoldU business associates to join the Company’s business, the sponsors must clearly explain the following

  1. Service provided by the Company, performance,
  2. Business plan
  3. Policies and procedures
  4. Business associate’s rights and duties
  5. Other important things that will affect the judgement of the prospective UnfoldU business associates.

8.         Transfer of Sponsorship

            Transfer is rarely permitted and is actively discouraged. Maintaining the integrity of sponsorship is absolutely crucial for the success of the overall organization

            Transfers will generally be approved in the following three circumstances and required to pay fees Rs. 5000.

    1. In the case of unethical sponsoring by the original sponsor- in such cases, the Company will be the final authority; or
  1. Resigning from the Company entirely- waiting six months to reapply under the new sponsor
  2. If IBA dies and transfer to nominee if mentioned.

9.         No Principal-Agent Relationship

            A business associate shall work as an independent contractor and nothing shall establish either an employment relationship or any other labour relationship between UnfoldU and the business associate to act as a producer, broker, commercial agent, contracting representative or other representative of UnfoldU. It is important to note that a Business associate shall not open a bank account in the name of the company i.e. UnfoldU

            Business associate should not sell or buy products on credit. If he/she does so then he/she will be solely responsible, and the Company shall not bear any consequences in case of bad-debts.

10.       Claims

            No business associate will make exaggerated claims or non-guaranteed claims. Business associates agree to make no false or fraudulent representations about the Company, its services, business plan, or income potentials.

            No income claims, income projections, income representations should be made. Any false, deceptive, or misleading claims regarding the opportunity are prohibited. The Company believes firmly that the income potential is good enough to be reasonably attractive in reality without resorting to artificial and unrealistic projections.

11.       Termination of A Business Associate

            11.1     Disciplinary Actions- If a business associate violates any clause of Policies and Procedures, terms and conditions of Business Associate Agreement, or indulge in any illegal, fraudulent, deceptive or unethical business practice, at the Company at its sole discretion, may take any one or more of the following disciplinary actions

  1. Issuance of a written warning
  2. Imposition of liquidated damage, which may be recovered immediately or withheld from future entitlements checks
  3. Freezing of entitlements for an indefinite period
  4. Suspension, which may result in termination or reinstatement with conditions or restrictions
  5. Termination of UnfoldU business membership

           

 

            Termination

            Further, in case the IBA fails to comply with any of the terms of this Agreement, the Company reserves the right to terminate this Agreement without any written notice and all commissions due will be forfeited.

  1. The Company reserves the right to terminate this Agreement for the breach of Direct Selling guidelines published by the Government of India or any State Government;
  2. The Company reserves the right to terminate this Agreement for reasons of non-performance of sales of the Company, online educational courses, products and services as per the targets defined from time to time, if any;
  3. The Company reserves the right to terminate this Agreement due to legal, regulatory or other developments that require material operational changes within the territory of India, in which case the Company may, if regulatory conditions allow, endeavor to restructure the contractual relationship with the IBA on such terms and conditions as are then practical and legally permissible.
  4. The Company shall also have the right to forfeit all future commission and terminate this Agreement by giving 30 days’ notice in writing through notification in their IBA portal if the IBA fails to make any sale of products or services to new customer or sponsor new active IBA for a consecutive period exceeding 3 months.
  5. This Agreement and all questions of its interpretation shall be governed by and construed in accordance with the laws, without regard to its principles of conflicts of laws.

            11.2     Queries, Complaint, Grievance Procedure: - When a business associate has discovered that there may have been a violation of the Policies and Procedures, he/she must notify the Company and his upline of the violation and all facts and documentary or other evidences connected with it. Upon receiving such information or on Company becoming aware about any violation suo-moto, the company can issue a Notice to alleged violator, seeking clarification.

                        11.2.1  Company can seek additional information if insufficient information, facts has been supplied to the Company, upon which the company is unable to make a decision.

                        11.2.2  After company receives all information of facts and circumstances relevant to the complaint, it will decide whether there has been a violation of the policies and procedure of its terms and condition and as an informal resolution, the company will discuss the matter with the Business Associate involved to explain the rationale behind the rule and to obtain adequate assurance from the Business Associate that it will not recur

                        11.2.3  If the company is unable to settle the matter informally and if the appropriate corrective action is deemed by the company to be other than termination or than company will forward a decision letter to the violating Business Associate. The Decision letter will list the specific complaint(s), outline the corrective action to be taken and, if appropriate, setting a time limit for compliance.

                        11.2.4  Company will allow the IBA to implement the appropriate corrective action within the time limit specified in the decision letter. However, if compliance has not occurred on expiration of the time limit, Unfold U will take further enforcement action directly.

                        11.2.5  All queries, complaints or claims in respect of the App, website, Services or Content, including any issue relating to technical difficulties, support and maintenance, product liability or non-compliance with consumer protection or any other laws or regulations, shall be directed to and handled by the Company. If the IBA has any queries or complaints or believes that he/she has any claims against the Company in respect of the Website or content, please contact the Company Grievance cell’s contact person on the name and address as available on Company’s Website. The Company agrees that all complaints received over phone, email, Website, post and walk-in will be allotted a complaint number for tracing and tracking the complaint and record time taken for redressal.

            11.3     Right to Terminate- The Company reserves the right, at its sole and entire discretion, to terminate any business associate at any time if the Company has reason to believe that the business associate is not complying with the decision of the Company or has violated the provisions of the Agreement including the Policies and Procedures of the Company. Provided, that the violations has not been cured by the business associate within 30days. In the event of a termination, the company shall notify the Business Associate by mail at the most current address of the Business associates lodged with the company and the business associate agrees to immediately cease representing himself as UnfoldU business associate.

12.       Cooling off Period and Warranty –

            12.1     Cooling off Period - Unfold U business associates shall have a cooling off period of 2 days to cancel the agreement and can get full refund minus banking charge for services purchased (if any). Business associate will acknowledge that he will not be entitled to claim any refund beyond the period specified in the said policy of the Company.

            12.2     Warranty on Product/Services- Unfold U is designing and developing study modules with a modern approach, which makes these study modules easy to understand and the students retain it for a very long period of time due to audio-visuals. Even after that if the business associate feels dissatisfied and the service is not meeting his/her expectations in terms of quality of Content, the IBA can return / exchange the services within a period of 3 days of purchasing the study module. Upon the receipt of such request the company shall exchange the study module or refund the amount for such purchase after deducting the Bank Transaction Charges.

            12.3     Warranty on Website and content:

                        12.3.1  The Company makes no warranty that the Website or content will meet IBA’s requirements, be free from errors, viruses, malware or spyware, or that the operation of the Website or content will be uninterrupted or error-free or that all errors in the Website/content may be corrected. As all this can happen in this era of digitalization due to cyber-attack/hack or any other un avoidable technical glitch.

                        12.3.2  The IBA accesses the Website or Off line data provided by company in Tablet/ Pan Drive/SD Card or any other way, and content at the IBA’s own risk and in no event will the Company be liable for any loss or damage of any kind, including direct or indirect losses, lost profits or other consequential losses arising from the use of or inability to use the Website, or content or from errors, deficiencies, viruses, malware or spyware in it or from any problem caused by the Website or content to any computer system, smart phone or mobile device, subject to any applicable restrictions imposed by law on such exclusion of liability.

                        12.3.3  The data and information made available on or through the Website are of a general nature and do not purport and shall not in any way be deemed to constitute an offer or provision of any professional or expert advice. The IBA should at all times consult a qualified expert or a professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. The IBA shall explain to the consumer that mere buying the course does not ensure success. Success rate may vary from student to student depending upon the intellect level of student, time and effort put in by the student in using the product.

13.          Cancellation of Membership

            13.1     The IBA of Unfold U may cancel / terminate this Independent Business Associate agreement at any time and for any reason by notifying the Company in writing about the same.

            13.2     All such cancellations are accepted and effected as stated. As of the effective cancellation date, the business Associate loses all the privileges of business associate and is no longer eligible for any rights, bonuses etc. He/she cannot advertise, sell or promote the company products or purchase products from the company. The resigning / terminated Business Associate cannot rejoin the company as IBA unless serving a period of passivity for six months. Only after serving this period of passivity he/she can rejoin under any sponsor and he cannot claim his downline to be restored under his new membership.

14        Changes in the ownership of IBA

            14.1     Succession Upon Death or Incapacity

Upon the death of IBA, the Agreement and an IBA’s rights therein shall pass to his/her lawful heir(s) as provided by law so long as the heir otherwise qualifies to be a IBA. However, Unfold U will not recognize such transfer until the heir has submitted a completed business transfer form to Unfold U reflecting the new ownership, together with a certified copy of the death certificate and a lawful will or trustor court order designating the lawful heir. Upon satisfaction to the Company that a transfer is appropriate, the IBA Ownership shall be transferred to the heir. The successor shall thereafter be entitled to all the rights and subject to all the obligations as any other IBA.

            14.1.1  Companies. Where an IBA is a company, and that company’s sole owner dies, and unless adjudicated otherwise by a court, the transfer of the company’s IBA ownership to the heir(s) lawfully entitled to the interest in the company.

            14.1.2  Incapacitation. If an IBA is incapacitated and cannot operate his/her IBA ownership, the Company will recognize the IBA’s authorized agent to operate the IBA ownership during the incapacity. To do so, the authorized agent must provide satisfactory proof of the IBA’s incapacity and satisfactory proof of his authority to act for the incapacitated IBA (e.g., a durable or springing power of attorney) that is authentic and which the Company can verify as lawful.

 

 

            14.2     Divorce or Dissolution

14.2.1 Requirements. During the pendency of divorce or entity dissolution, both parties must adopt one of the following methods of operation:

14.2.2  One of the parties may, with written consent of the other(s) and with Unfold U, operate the Unfold UIBA ownership, agreeing to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee; or

 14.2.3 The parties may continue to operate the Unfold UIBA ownership jointly on a business-as-usual basis, whereby all compensation paid by Unfold U will be paid in the same manner it was paid prior to the pending divorce or dissolution.

14.2.4 Commission Payments. Unfold U will not split Commissions between divorcing spouses or members of dissolving entities but will pay earnings in the usual manner. In the event that parties of a divorce or a dissolution proceeding are unable to resolve a dispute over the disposition of Commissions and ownership of the IBA Ownership, the IBA Agreement and payments shall not change until ordered by a court of competent jurisdiction.

            Recognition and awards will be conducted by the Company according to the past practice for the IBA, unless extra-ordinary circumstances require a different approach, which shall be determined in the sole discretion of the Company.

14.2.5 Transfer Requirements. To accomplish a transfer, the IBA must submit an amended IBA Application and,

14.2.6 if adding a spouse, a copy of their marriage certificate;

14.2.7 if removing a spouse, a notarized copy of the signatures of both spouses authorizing the removal;

14.2.8 if transferring to a legal entity, a certificate of good standing from the state of organization and a copy of its charter documents showing all the interest holders and management; or

14.2.9 if transferring from a legal entity to the individual and/or individual and spouse, an authorizing statement signed by an officer or director of the legal entity and signed by the individual (and spouse, if applicable).

15        Line Switching, Cross Sponsoring, and Enticement

15.1     Prohibited Activity. Maintaining the integrity of the line of Sponsorship in an IBA organization is fundamental to network marketing. Accordingly, each IBA agrees to refrain from engaging in Line Switching, Cross-Sponsoring, and Enticement.

15.2     “Line Switching” means applying for and becoming an IBA(a) when already a IBA, (b) when holding a Beneficial Interest in another IBA;

 

15.3     “Cross Sponsoring” includes Sponsoring to a different line of Sponsorship (a) a current IBA

15.4     “Enticement” means soliciting, encouraging, offering benefits, or in any way aiding another IBA to Line Switch and/or Cross-Recruit. Enticement occurs, among other ways, by offering, showing, or explaining Products or the opportunity of another direct selling company to any Unfold U IBA, whether directly or through social media that the IBA knows is frequented by or targeted to other Unfold UIBA.

16.       Sales Forces of Other Companies

The IBA agrees to refrain from systematically targeting members of another direct selling company to be a IBA. If any demand, claim, governmental action, lawsuit, arbitration, or mediation is brought against a IBA alleging that he/she engaged in such prohibited activity, the IBA shall indemnify Unfold U against all claims, actions, suits, and demands arising from or related to the systematic targeting. Unfold U may not encourage members of the sales force of another direct sales company to violate the terms of their contract with such company. IBA bear the sole risk and sole liability for such activities, which activities are not endorsed or supported by UnfoldU.

17.       Goods and Services Tax (GST)

IBA Registration for GST. IBAs must register for GST.

A Provisional Certificate of Registration (Form GST REG-25) will be issued upon enrolment on GSTIN portal. Once provisional registration has been granted, the IBA should apply electronically (Form GST REG-24), duly signed, along with the information and documents specified in the application within a period of 3 months or within such period as may be extended in this behalf.

If such information furnished in the application are found to be correct and complete, a certificate of registration in Form GST REG-06 shall be made available electronically on common portal.

If the person fails to furnish the information within 3 months or information is found to be incorrect or incomplete, the provisional certificate of registration may be cancelled

18.       Minimum Commissions Payment

The minimum amount of payment of commission is Rs. 250. If the earned amount is less than that amount, it will be accumulated until such time that the amount exceeds Rs. 250.

19.       Protection of Companies Intellectual Property Trademarks and Copyrights-

            Unfold U has invested a lot to build its brand image in the sphere of online education in India and abroad and shall take all the necessary legal steps to safeguard its intellectual rights. If any IBA is aware of or knows any infringement of the Trademarks or copyright, then he/she should bring this into the notice of the company. Neither the IBA can reproduce/duplicate nor copy any official literature, logo, slogan etc. of the Company unless expressly allowed by Unfold U.

            19.1     The copyright, patents, trademarks, registered designs and all intellectual property rights in the Website including without limitation the copyright in the content of the Website, shall vest in and remain with the Company. The Company reserves and retains all rights in the content and know-how of the Website and this Agreement does not contemplate a license or assignment of such intellectual property.

            19.2     The trademarks, logos and service marks (hereinafter referred as "Marks") displayed on the Website are the property of the Company, and all rights to the Marks are expressly reserved by the Company. The IBA is not permitted to use any Marks without prior written consent of the Company. The Company and its group companies aggressively shall enforce their intellectual property rights to the fullest extent of the law. The name of the Company or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of the Company.

            Notification of Infringement

            19.3     The Company reserves the sole right to investigate notices of copyright, trademark and other intellectual property infringement (hereinafter referred as “Infringement”) in respect of the Website (hereinafter referred as “Infringing Material”) and take appropriate action including any defense, settlement and/or discharge of such Infringement claim. If the IBA believes that Infringement is occurring on the Website, it shall notify the Company in writing immediately (“Infringement Notice”).

            19.4     All Infringement Notices shall be sent to the Company’s address as mentioned on the Website.

            19.5     The Company will duly consider all Infringement Notices submitted in the above manner. In return, the IBA agrees not to take any legal action or exercise any legal remedy which the IBA may have against the Company in respect of any Infringing Material, unless the IBA has first given the company the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter the Company refuses or fails to remove the Infringing Material within reasonable time. Where the Company removes the Infringing Material in response to IBA’s Infringement Notice, the IBA agrees not to exercise and hereby waives any right of action against the Company under applicable law which the IBA may have in respect of any Infringing Material prior to such removal by the Company.

20.       Dispute Resolution

            In case of any dispute, difference or disagreement in connection with or in relation to this Agreement, the aggrieved Party shall vide a written notice send in detail its grievances to the other party. The other party shall within forty-five (45) working days from the receipt of such written notice provide a written resolution to the aggrieved party’s grievance.

            In case of resolution is agreed upon by the parties within the stipulated period, then both the parties shall attempt to mutually discuss the matter and settle the same amicably.

            If company is liable for this inconvenience caused and can pay back the course price to aggrieved party through the court. Under no circumstances shall either the Company’s aggregate liability under this clause to the IBA/consumer exceed an amount equal to the price of the product/Service/course material at the time of dispute minus amount of commission distributed on per sale of product/Service/Course Material.

            All disputes, differences or disagreements arising out of, in connection with or in relation to this Agreement, which cannot be amicably settled within a period of 45 days from the date of notice of dispute shall be finally decided by arbitration to be held in accordance with the provisions of Arbitration and Conciliation Act, 1996.

 

            The venue of Arbitration shall be SAS Nagar, Mohali, Punjab

            The Arbitration proceedings will be proceeded over by the Company’s management.

            The decision of the Arbitration shall be final and binding on the Parties. During the pendency of any dispute under arbitration proceedings, the Parties shall continue to exercise their respective rights and fulfill their remaining obligations under this Agreement.

Class Action Waiver. The IBA expressly agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, regardless of whether the procedures or rules of India would allow such an action. The IBA expressly waive their rights to file or participate in a class action or seek relief on a class or representative basis.

21.       Force Majeure:         

21.1     Company shall not be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below).

21.2     For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a Company, which affects the general public in that company’s country or in the territory of the said company’s country and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport, server break down or any other circumstances does not mention here.

22.       Return of Confidential Information: It is hereby acknowledged and agreed by the IBA that it shall promptly return all copies (in whatever form reproduced or stored), including all notes and derivatives of the Confidential Information disclosed under this Agreement, within three (3) days from the termination of this Agreement.

23.       Submission:

            We are always pleased to receive your comments and suggestions about the Unfold U brand products/ Courses this Website, and other services we provide. However, any information, including comments, suggestions, ideas, notes, drawings, concepts or other materials or information (hereinafter referred as "Submissions"), that you provide through this Website or in response to any Content on this site, will become the Company’s property subject to its Privacy Policy as applicable.

            The Company and its designees may use any Submissions without restriction, and are granted without limitation worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from and sell and distribute such Submissions in any and all forms and media, now or hereafter discovered, and for the Company to license others to do the same. The Company will not be liable to pay any royalty, claim, reward, consideration or other compensation for any Submission that is received or for any use thereof.

            If we receive Submissions that contain personally identifying information about the provider, such as their name, address and telephone number, the Company’s Privacy Policy will govern how to use or disclose this information. The Company’s Privacy Policy may be referred for further information.

24.       Electronic Communications:

24.1     When the IBA uses the Website or avails the Website services or sends any data, information or communication to the Company, the IBA agrees and understands that the IBA is communicating with the Company through electronic media/ records and the IBA consents to receive communications via electronic records from the Company periodically and when required. The Company will communicate with the IBA by email or any push or other message or electronic records on the email address or mobile number available with the Company or made available to the Company through a partner which will be deemed as adequate service of notice / electronic record.

24.2     The IBA acknowledges that specific consent to the Company or its respective affiliates and partners contacting the IBA using the contact information which the IBA has provided to the Company at any time during the IBA’s association with the Company for any purpose including the following purposes:

      1. To obtain feedback regarding the website/App;
      2. To contact IBA for offering new products or services, whether offered by the company, or our respective affiliates or partners.

24.3     The IBA acknowledges and agrees that it may be contacted for the above purposes using any of the contact details provided by it, including via emails, text messages or phone calls.

24.4     In the event where the IBA has indicated any 'do not disturb' preferences to his telecom service provider and registered himself on the national customer preference register / 'do not disturb' or similar list, the IBA agrees to ensure that its registered preferences allow for communications to be sent to it in accordance with the above provisions.

25        Privacy policy:

            The privacy policy set forth below applies to the Company's Websites, and other authorized sales and marketing activities conducted in India and abroad. Please read this policy to understand how we'll handle your personal information as you take advantage of many activities and programs offered by the Company through this Website.

            25.1     We are committed to Safeguarding Your Privacy; The Company is committed to people and service. We respect your right to privacy. We believe that your personal information, including your purchases, e-mail address, billing and shipping addresses, telephone numbers and credit card information belongs to you. We will use this information to complete your purchases. We want to use this information to make your interaction with us more informative and fulfilling, and to tell you about the wonderful products and opportunities available with the Company.

            25.2     To Opt Out - The company may contact you regarding your request for more information. To better protect the security and integrity of your information, we may also verify identity by requesting your full name, bill to address and e-mail address before granting access or making corrections to your information. The following applies to our Website, http://www.unfoldu.com and any other Company webpage like Facebook page (https://www.facebook.com/ Instagram (@ Twitter and YouTube This is the only authorized UnfoldU Website serving India and abroad.

            25.3     Collection - Our Website may have various clubs, contests, surveys and other events. To join in these activities, we typically ask for your name, address, e-mail address and telephone numbers. We may ask for other personal information on a voluntary basis. We also have opportunities for you to contact us. Again, we typically ask for your name, billing and shipping addresses, e-mail address and telephone number, plus any comments or questions you may have. Our Website may also provide opportunities for you to e-mail information, such as recipes, club offers, or product information, to a friend. This information is used only to e-mail the desired information and is not retained by the Company.

            Our Website may also include additional services. Some are provided by third parties (such as IBA locator services). These services may require information in order to service your needs (such as your address). While we do not control these third parties, we ensure that they are contractually bound to use the information only for authorized purposes. We may also participate in Affiliate programs, which may provide you with Cookies

            "Cookies" are very small text files your Web browser stores on your computer when you visit a Websites. It is your identification card and cannot be executed as code or deliver viruses. It is uniquely yours and can only be read by the site that gave it to you.

            Our cookies help make it easier for you to use our Websites and to help us customize your experience so that we can provide you with the information you need - when and where you need it. A cookie generated by https://www.unfoldu.com for example, allows you to retrieve your Shopping Cart and address information on a return visit. Cookies do not collect this information, nor is your name, address or product information contained within the cookie itself. The cookie simply holds the "key" that, once read by our Websites, unlocks this information.

            Most browsers automatically accept cookies. However, you can disable cookies on your computer or have your browser notify you when you receive a new cookie by indicating this in the preferences or options menu in your browser. But because we rely on cookies to make the shopping experience easier and more tailored to your needs, your browser must be set to accept cookies before you can place an order. Please note that parts of the page may not work correctly if you disable cookies. By using our website, you agree to our use of cookies unless you have disabled them.

            1.         If you leave cookies turned on, ensure you sign off when you finish using a shared computer.

            2.         Data Security is Important to Us

            3.         Ensuring security online is an important part of our pledge to respect your privacy. All of the customer data we collect is protected against unauthorized access.

            4.         Transfer of personal data

            5.         As servers may be located in other jurisdictions your personal data may be transferred to, stored, used and processed in a jurisdiction other than India. You understand and consent to the transfer of personal data outside India.

            25.4     Our Policy Doesn’t Apply to Other Websites: Third party Internet sites and services accessible through http://www.unfoldu.com have separate privacy and data collection practices that are beyond our control. While we try to work with third parties who share our views on privacy, we cannot assume responsibility or liability for their independent practices or actions. You're responsible for maintaining the secrecy of your passwords or any account information. We recommend that you carefully read their privacy policy before agreeing to leave any personal information.

            25.5     Disclosure of Your Information: We make an effort to keep your personal information confidential. However, we may be required to disclose your information to the government or third parties under a valid legal request. For example, a criminal investigation or a lawful subpoena may force disclosure. This is true of every business.

            25.6     Your Consent: By using our Website, you agree to let us collect and use information in a manner consistent with the guidelines stated in this policy.

26.       Waiver

26.1     No waiver of any rights or remedies by the Company shall be effective unless made in writing and signed by an authorized representative of the Company.

26.2     A failure by the Company to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights or operate to bar the exercise or enforcement thereof at any subsequent time or times.

26.3     Rights of Third Parties: A person or entity who is not a party to this Agreement shall have no right to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. Notwithstanding the foregoing, the consent of any third party is not required for any variation (including any release or compromise of any liability) or termination of this Agreement.

27.       Data Use & Privacy:

27.1     The parties agree that some functionality of the Website may require the transmission of information provided by the IBA including usernames and passwords, mobile numbers, addresses, e-mail addresses, financial information (such as credit card numbers) or GPS location (“User Information”).

27.2     The IBA agrees and acknowledges that it shall not submit any personal information or data without first reading the Company’s Privacy Policy which explains Company’s data use and privacy practices in detail. If the IBA uses such Website functionality, the IBA shall be deemed to have consented to the transmission of its information to Company, its agents and/or service providers and authorizes Company, its agents and/or service providers to record, process and store such information of IBA as necessary for the Website functionality and for purposes described in the Company’s Privacy Policy.

27.3     All information which the IBA provides in connection with the Website/App, Services or this Agreement shall be current, true, accurate, supportable and complete. The IBA shall promptly notify Company in writing of any changes to such information.

27.4     The IBA is solely responsible for maintenance of the confidentiality and security of any information transmitted from or stored on a device for purposes of the Web site for all transactions and other activities undertaken in the IBA’s name whether authorized or unauthorized. The IBA agrees to immediately notify the Company of any unauthorized transactions associated with the Website or any other breach of security. To the extent possible under the law, the Company shall not be responsible for any losses arising out of the loss or theft of the IBA’s information transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with the website/App.

27.5     As servers may be located in other jurisdictions, the IBA’s personal data and information may be transferred, stored, used and processed in a jurisdiction other than India. The IBA understands and consents to the transfer of personal data outside India.

28.       Provision of App, Website, Services & content:

23.1     The Company reserves the right to change, modify, suspend or discontinue the whole or any portion of the Website, services, or content at any time. The Company may also impose limits on certain features or restrict the IBA’s access to part(s) or the entire Website or content without notice or liability.

23.2     The Company does not guarantee that the Website or content will be available at all times or at any given time, as some natural calamity, technical glitch and/or other unavoidable circumstances may cause hindrance.

23.3     From time to time the Company may run competitions, promotions and surveys via the Website and Services, which may be subject to additional terms and conditions which you shall be notified through Website. By choosing to participate in such competitions, promotions or surveys, you shall be deemed to have accepted such additional terms and conditions and to have agreed to be bound by such additional terms and conditions.

29.       Information handling

29.1     All of the Company’s rights and obligations under the Privacy Policy are freely assignable by any of its affiliates, in connection with a merger, acquisition, restructuring or sale of assets, or by operation of law or otherwise, and the Company may transfer the IBA’s information to any of its affiliates, successor entities.

29.2     The Company may collect, use, preserve and share the IBA’s information for sales, marketing, promotion and/or otherwise as required by company.

            Respond pursuant to applicable law or regulations, to legal process or to government requests;

  1. Enforce the terms of this Agreement and any other applicable terms and policies including investigations of potential violations;
  2. Detect, investigate, prevent and address fraud and other illegal activity, security, or technical issues; or
  3. Protect the rights, property, and safety of the IBA, its affiliates or others.

29.3     The IBA agrees to the Company’s information practices, including the collection, storage, use, processing and sharing of the IBA information as described in this Privacy Policy, as well as the transfer and processing of the information to any other countries globally where we have or use facilities, service providers or partners, regardless of where the IBA uses the App. The IBA acknowledges that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. The IBA further undertakes that all necessary and appropriate steps shall be taken to ensure the protection of all private information provided by a consumer as confidential at all time. Any misuse of private information of consumer may result in termination of agreement.

 

30        Miscellaneous

            The company expressly reserves the right to alter, modify or amend prices, Rules and Regulations, Policies and Procedures, and the business plan. Upon notification on the official website of Unfold U, such amendments are automatically incorporated as part of the Agreement between the Company and the business associate. Unfold U shall not be responsible for any loss of the Associate due to any change thereof. Similarly, the company shall not be responsible for any kind of losses occurred due to the termination if an IBA.

            The company reserves the right to make all final decisions as to the interpretation of the clauses stated in this document. Such final decision on interpretation of the clauses stated herein will be effective immediately. All business associates are obliged to follow the Company`s decision as to the interpretation of the articles herein. 

30.1     The Company shall not be responsible for failure to fulfill any of its obligations under this Agreement so long as and to the extent to which, the fulfillment of such obligation is fettered by any reason which is beyond reasonable control of the Company.

30.2     This Agreement shall not be deemed to constitute a partnership, employment or agency and no party shall have any authority to bind the other party otherwise than under this Agreement.

30.3     This Agreement and compensation plan and policy procedure shall constitute the entire understanding on the subject matter of this Agreement.

30.4     Third party linked sites, content and materials which the Company may provide links to third party sites that may be of relevance and interest to the IBA. The Company has no control over, and is not responsible for the content on such sites or for any damage that a IBA may incur from such sites (including any virus, spyware, malware, worms, errors or damaging material contained in such sites) or the availability of any content on such sites, and the IBA hereby irrevocably waives any claims against the Company with respect to such sites.

30.5     No failure by a party to exercise, nor any delay by the party in exercising any right, power or remedy hereunder shall operate as a waiver of that or any other right, power or remedy of the party, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power of remedy.

30.6     This agreement may be executed in any number of counterparts, each of which shall be deemed to be original, but all such separate counterparts shall together constitute one and the same instrument.

30.7     The IBA may incur data charges from the service provider when downloading the App or Content.

30.8     The headings and captions used in this Agreement are for convenience only and shall not be considered part of the subject matter of this Agreement or used to interpret or construe any provision hereof.

30.9     The IBA shall not transfer or assign this Agreement, in whole or in part, in any manner whatsoever without the prior written consent of the Company.

30.10   This Agreement will be executed by the Parties through digital signatures. The Parties hereby agree that this Agreement shall not be deemed invalid solely on the ground that it was executed digitally by both or either of the parties.

30.11   Liability for issuing Visiting card and ID card. The IBA will not misuse the Company’s name and/or the identity/visiting card issued by the Company to the IBA. Company ID/ any other material issued by the company will be strictly used for marketing purposes only and not to avail any undue financial benefit. The IBA will not misbehave with any person using the Company’s name and/or the ID/visiting card. Indulgence in any activity of such nature (that brings bad repute to the Company) will not be tolerated.
If under any circumstances, the IBC faces a legal procedure/court case, then both the consequences and expenses of the same will be borne by the IBA only.

30.12   I authorize company to generate invoice on my behalf to (UnfoldU Global Marketing Private Limited) Company on weekly basis or as required for the Commission payable to me.

30.13    The Company’s accounts and data will be considered as final proof. In the event of     any dispute the Company’s data, accounts, computer records will be considered final and will be acceptable to the IBA. The IBA will abide by the final decision taken by the company.

30.14    The policy of one family – one IBA will be strictly followed. In exceptional      circumstances or when the husband is working as an IBA, the spouse should be registered and should work under the same IBA ID. “More than one IBA from the same family is strictly prohibited.”

            If before marriage, both husband and wife are working as IBA, then post—marriage either the husband or wife would need to surrender the IBA ID.

30.15   The IBA are not allowed to advertise for the products of UnfoldU under the company name.

30.16   The Company may, in its discretion withhold direct and indirect taxes from any bonus payable to me under this Agreement. l recognizes that my bonus under this Agreement is based on my performance selling products and not on the number of hours worked or an element of chance.

30.17   LDP/Foreign/Domestic tour will be held if the minimum number of people qualifying for the Monthly Bonanza/Rank Achievement Reward/Royalty is as per company discretion. If there are a smaller number of IBA, then the LDP will be postponed till the time there is sufficient strength.

30.18   In Special  bonanza, you will be given as per terms and condition met for Special Bonanza.

30.19   If due to any reason, the IBA is not able to avail the LDP/Foreign/domestic trip arranged by the company, then the company will not pay any cash in lieu of the trip. 

30.20   The company will not be responsible for bearing the expenses of any medical emergency/any other mis happening/tragedy occurring while the IBA is on LDP/foreign/domestic tour arranged by the company.

30.21   If any IBA works with UnfoldU as a regular employee in future, his/her upline/downline cannot raise any objection.

31.       Disclaimer:

            The Company does not guarantee that the Mobile, website, services, or Content will be available at all times or at any given time. As all this can happen in this era of digitalization due to cyber-attack/hack or any other un avoidable technical glitch.

            While every effort is made to ensure accuracy, the Company makes no warranty as to the results that may be obtained from the use of this Website/ Offline Data through Pan Drive/SD card/Tablet or as to the accuracy or reliability of any information obtained through this Website.

It is possible that this site is not compatible with the browser or other software you use. We reserve the right to terminate the Website at our sole and absolute discretion. We do not warrant the accuracy, validity or completeness of the information contained in the Website and expressly disclaims liability for errors or omissions therein. This website may contain outdated information, and the information can be changed or updated without notice. We shall not be responsible for any loss or damage resulting from inadvertent errors or omissions appearing on the Website.

            Your use of the Website is at your own risk and it shall be your responsibility to take precautions to ensure that the pages and materials are free from viruses, worms, Trojan horses or other items of a destructive nature.

            YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE/Offline through Pan Drive/ Tablet IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE AND IN NO EVENT, SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY HYPERLINKED SITE.
This Website/Offline through Pan Drive/ Tablet is provided “as is” and without express or implied warranties of any kind, and we expressly disclaim any warranties of title, merchantability or fitness for any particular purpose. We don’t represent or warrant that our Website will be available on a timely basis, uninterrupted, secured or error-free. In no event will we be liable for any damage or cause of any kind based upon or resulting from any use or inability to use this Website.

            Company DOES NOT claim/ guarantee that IBA will achieve financial success without working or by relying solely on the efforts of others. Compensation in company is based only on the sale of its products. An IBA is an independent contractor whose success/ failure depend on his/ her personal efforts.

Schedule of Fees:

Placement and Sponsorship changes                Rs. 5000

Adding or Changing a Co-Applicant                Rs. 5000

Changes Involving individual to a company    Rs. 5000

Sale/Transfer of an IBA Ownership                 Rs. 5000

Reissued Payments                                          Rs.   500

Returned Payment fee                                      Rs.   500         

 

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