1. User's Acknowledgment and Acceptance of Terms.
This Agreement is entered into between ELYSIUM NET SOLUTION PRIVATE LIMITED, a COMPANY incorporated under the COMPANY’s Act, 2013, and having its office in JAMMU, India, herein after referred to as the COMPANY on the one part and any User/Associate/Reseller who /which buys the product and services package of the COMPANY, as specified herein below, hereinafter referred to as the "User/Associate/Reseller" on the other part.
The User/Associate/Reseller represents and warrants that the marketing programme and the compensation plan, its limitations and conditions have been understood clearly by him / her/it. And, the User/Associate/Reseller is not relying upon any representation or promise that is not contained in this agreement or other official COMPANY material. A User/Associate/Reseller shall be a person who submits a properly filled and duly signed in application on the requisite format and such application is duly accepted by the COMPANY.
A User/Associate/Reseller shall act and be as an independent contractor and shall not have any authority to bind the COMPANY for any obligations whatsoever.
A User/Associate/Reseller is not an agent, employee or any other legal representative of the COMPANY or its service provider. The relationship between the COMPANY and A User/Associate/Reseller will come into being only when this agreement is agreed and accepted online by any registering User/Associate/Reseller and this agreement shall remain enforceable during its existence only. A User/Associate/Reseller shall be presumed to have understood the terms and conditions of this agreement which are detailed herein below.
The term 'ELYSIUM NET SOLUTION PVT. LTD.' refers to the owner of the website whose registered office is 41 B.B., Gandhi nagar, Jammu, Jammu & Kashmir - 180004, India and its corporate office is 13 A/C Gandhi Nagar,Jammu,Jammu And Kashmir 180004
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
• Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the ELYSIUM NET SOLUTION PVT. LTD.'s . We have no responsibility for the content of the linked ELYSIUM NET SOLUTION PVT. LTD.'s.
• You may not create a link to this website from another website or document without ELYSIUM NET SOLUTION PVT. LTD.'s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
1. Web Space
This agreement grants the User/Associate/Reseller a personal license to use the UNLIMITED web space, allotted to the User, in accordance with the terms and conditions of this agreement for a valid consideration. In addition to the right to use the above mentioned UNLIMITED web space, the User/Associate/Reseller will also be entitled, under this agreement, to receive the ENS WEB PACKAGE from the COMPANY online after receipt of consideration, as is to be paid by A User/Associate/Reseller, within the meaning of this agreement. The facilities referred to in this sub-clause are hereinafter referred to collectively as "products / services".
The term of this agreement is one year and shall commence from the day the application of the User/Associate/Reseller 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 when a User/Associate/Reseller buys the product / service package of the COMPANY on the specified terms.
It is mutually agreed between the parties that:
(a) The User/Associate/Reseller will not use the product of the COMPANY, including the web space for any purpose, which is against any law or public policy or contrary to any of the terms of this agreement. Any reproduction or re-distribution or resale or unlawful use of the product / services of the COMPANY will result, in termination of this agreement by the COMPANY and the User/Associate/Reseller shall be liable to be prosecuted under the civil / criminal law.
(b) Any copying or reproduction of the product/service package/business plan of the COMPANY shall be deemed as violation of this agreement, and will attract its immediate termination by the COMPANY. Such act of A User/Associate/Reseller shall render him / her / it liable to be prosecuted under civil / criminal law.
(c) Any misrepresentation of the aims and objectives of the COMPANY, which include but are not limited to, 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 A User/Associate/Reseller sets up his / her / its own COMPANY / 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 User/Associate/Reseller is found to indulge in anti-FIRM activities in any manner or found to disturb the private or public business meeting or free teaching seminar organized by the User/Associate/Resellers or by the COMPANY .
(f) The COMPANY reserves the right to terminate the agreement without assigning any reasons with or without giving any written notice to A User/Associate/Reseller, if acts/deeds of the User/Associate/Reseller is detrimental to the interest of the COMPANY.
(g) You must take a written permission from ELYSIUM NET SOLUTION PVT. LTD. to produce / publish any promotional materials such as CDs, VCDs, Books, Audio cassettes etc. for distribution to other User/Associate/Resellers. The developed promotional material such as CDs, VCDs, Books, Audio cassettes etc. by any User/Associate/Reseller is only for free distribution to other User/Associate/Resellers and it cannot be sold at any price in any circumstances to other User/Associate/Resellers / Guest. Violation of this will attract its immediate termination by the COMPANY.
(a) The consideration for the purchase of ENS WEB PRODUCT PACKAGE is Rs.7950.00/- [Seven Thousand Nine hundred and fifty Rupees Only] to be paid in advance by way of Demand Draft / Pay order favoring ELYSIUM NET SOLUTION PVT. LTD. payable at JAMMU. The next year if A User/Associate/Reseller is willing to buy the product the relevant consideration has to be paid on such terms and conditions as specified in this agreement.
(b) It is mutually agreed between the parties that the User/Associate/Reseller 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 30 days from the date of registration. In case the User/Associate/Reseller fails to make payment within the aforesaid 30 days period to the COMPANY, this agreement will stand terminated or will be deemed as null and void ab-initio. The User/Associate/Reseller would receive complete product from the COMPANY during this period of 30 days. If User/Associate/Reseller sent the consideration prior to 30 days, it would be deemed that he/she is completely satisfied with our product.
(c) Herein it is also agreed that once the payment is sent and accepted by the COMPANY within the given period by the COMPANY, there will not be any refund for the purchased products, the concerned person who is purchasing the products should first be satisfied before handing over his payment to the COMPANY.
(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 products / services at such additional cost as maybe determined by the COMPANY.
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. It is, however, 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. Removal Of Sites.
The COMPANY cannot and does not screen all contents provided on user site and does not assume any obligation to monitor. However, User/Associate/Resellers agree that the COMPANY may monitor sites and contents there of periodically. COMPANY reserves the right at its sole discretion to remove any site or its contents thereof without any notice and without obligation to refund consideration paid, which in its judgment is in violation of any of the terms and conditions of this agreement or otherwise is unlawful or harmful to the COMPANY and/or other uses, or is in violation of any law or against public policies.
A User/Associate/Reseller is required to keep any COMPANY’s password and other secure access, information confidential and notify the COMPANY promptly if the User/Associate/Reseller 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 User/Associate/Reseller shall be liable for losses or damages resulting from the security breaches.
8. Privacy Statement.
(a) User/Associate/Reseller 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) User/Associate/Reseller understands that the COMPANY and its chosen service partners may use login Id of the User/Associate/Reseller to operate or help operate sites and services for the purposes of the user or COMPANY, and to inform User/Associate/Reseller of any new features / services / products from the COMPANY or its affiliates, including products and services that may be related to the products 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.
9. Jurisdiction And Disputes Resolution Mechanism.
This agreement shall be construed and enforced in accordance with the laws of the government of India and shall be subject to JAMMU and Kashmir jurisdiction.
(a) All disputes between the User/Associate/Reseller 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, and the venue shall be at JAMMU only.
(b) The User/Associate/Reseller and the COMPANY have mutually opted and submitted to the exclusive jurisdiction of courts in Jammu and Kashmir, India, 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 JAMMU and KASHMIR only. Each party hereby submits to the jurisdiction of courts in JAMMU and KASHMIR only and expressly waves the rights to bring any suit/action in other courts.
(c) All the User/Associate/Resellers outside India are also governed by the rules and regulations of ELYSIUM NET SOLUTION PVT. LTD. [India] as ELYSIUM NET SOLUTION PVT. LTD. [India] is responsible for collection of payment and releasing the commissions to the User/Associate/Resellers outside India. For any dispute between the COMPANY and any User/Associate/Reseller outside India, ELYSIUM NET SOLUTION PVT. LTD. will settle in accordance with the terms and conditions laid down here in this agreement. All the User/Associate/Resellers outside India are responsible for their own taxes and respective provincial 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.
(i) 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.
(ii) The COMPANY reserves the right to deny, in its sole discretion, before / after termination of this agreement, user access to its web site, facilities, products or services, without any notice or reason.
(iii) This agreement constitutes the entire agreement between the parties on the subject matter thereof, however, User/Associate/Reseller / 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.
(iv) If A User/Associate/Reseller 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 User/Associate/Reseller 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 issues, including arbitration clause.
(v) User/Associate/Reseller 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 / User/Associate/Reseller 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.
(vi) 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.
(vii) ELYSIUM NET SOLUTION PVT. LTD. is created primarily to promote computer literacy amongst the masses and to provide an opportunity to earn money online by providing websites. Though, the incentives are involved to encourage the User/Associate/Resellers to promote this noble cause but COMPANY does not guarantee any incentives / commissions. The COMPANY is committed to provide the ENS WEB PACKAGE products for the purchased period unless any such technical fault / difficulty arises which is beyond the control of the COMPANY.
(viii) Commissions / incentives are not the right of any User/Associate/Resellers, however, purchased products would be served for the purchased time period.
(ix) In order to take the benefit of previously accumulated sales of Binary and Single leg 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.
(x) It is important yet not compulsory for User/Associate/Resellers to organise/participate in free product training on their own under the information to ELYSIUM NET SOLUTION PVT. LTD. . This is yet not mandatory requirement.
(xi) User/Associate/Resellers residing outside India are not allowed to earn any commission in India.
(xiii) In case of any dispute only current information on our website (www.elysiumnetsolution.in) will be used.
(xiv) Any User/Associate/Reseller earning Rs. 25,000/- or more in a month as commissions are expected to promote ELYSIUM NET SOLUTION PVT. LTD. Reseller Commission Model / ELYSIUM NET SOLUTION PVT. LTD. mission with full zeal and enthusiasm, and are expected to attend, contribute and promote all the events proposed by any group, leaders, ELYSIUM NET SOLUTION PVT. LTD. , failing which will lead to denial of any further commissions / incentives without any prior notice. The decision of the COMPANY in this regard would be final and shall be binding on the User/Associate/Resellers.
(xv) Any User/Associate/Reseller earning Rs. 100,000/- or more in a month as commissions are expected to promote ELYSIUM NET SOLUTION PVT. LTD. Reseller Commission Model / ELYSIUM NET SOLUTION PVT. LTD. mission with full zeal and enthusiasm on full time basis and expected to periodically organize meetings and seminars regularly on daily / weekly basis and not to indulge 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 User/Associate/Resellers.
(xvi) Any User/Associate/Reseller earning Rs. 200,000/- or more in a month as commissions are expected to promote ELYSIUM NET SOLUTION PVT. LTD. Reseller Commission Model / ELYSIUM NET SOLUTION PVT. LTD. mission with full zeal and enthusiasm on full time basis and expected to periodically organize meetings and seminars regularly on weekly basis. The details of these meetings / seminars must be posted on the meeting section of our website (www.elysiumnetsolution.in ) at least 10 days prior to the commencement of the meetings / seminars and the weekly report should be posted trough weekly report section available in User/Associate/Reseller area. 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 User/Associate/Resellers.
(xvii) Any lawsuit or bad propaganda against the COMPANY by any User/Associate/Reseller will immediately disallow the ongoing commissions without any notice; however they will continue to enjoy our products.
(xviii) If we find any ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Reseller involved in misguiding / spreading misunderstanding to other ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Resellers 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 our products for the purchased period.
(xix) COMPANY releases the earned commissions only to the User/Associate/Resellers who have their PAN (a photocopy of pan card) and it should be received by us. If you have not sent a photocopy of your PAN card, you are not entitled to receive your any commissions. However, the day we receive your PAN you are eligible to earn ongoing commissions since then. The commissions earned prior to fulfillment of the above conditions will not be paid in any circumstances.
(xx) All User/Associate/Resellers must design their web site using our web builders on the assigned UNLIMITED space within 5 years from his/her date of registration otherwise his/her all previously accumulated sales will be washed out and he/she will not get the benefit of any sale till the fulfillment of this condition.
(xxi) It is the duty of the Selling User/Associate/Reseller to provide correct information and follow all the rules of the COMPANY. Also it is the duty of the Buying User/Associate/Reseller to verify all the information given to him by visiting our website [www.elysiumnetsolution.in]. COMPANY will not be responsible for any wrong information given by Selling User/Associate/Reseller which is accepted by the Buying User/Associate/Reseller without verification. However, if a written complaint against the Selling User/Associate/Reseller is send to us about promoting wrong information, this would amount a direct termination of the Selling User/Associate/Reseller without any compensation.
(xxii) People are encouraged to buy our products only if they are willing to make their own websites. People joining our program just to take the benefit of our incentive plan are highly discouraged.
(xxiii) People who have tremendous skills and selling abilities only earn good amount of earnings in marketing plans. Very little percentage of people either possesses these abilities or develop them, so we encourage people to buy ENS WEB PACKAGE for learning and designing their websites for earning money, as earning incentives might be difficult for some of them. Please note here again that we are only charging for our products only and no money is charged for the business opportunity.
(xxiv) It is mandatory for all the ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Resellers to visit our website [ www.elysiumnetsolution.in ] at least once in a week to see the recent changes / modifications / updations.
(xxv) In order to earn commissions uninterruptedly all the General managers and above User/Associate/Resellers have to organise two free product training camps themselves every year under the information of ELYSIUM NET SOLUTION PVT. LTD.
(xxvi) Being the global COMPANY we do not have control over the functioning of each and every User/Associate/Reseller so this is the duty of the selling User/Associate/Reseller to see the authenticity of the signatures of the purchasing User/Associate/Reseller on the invoice or any other documents. In case of any dispute in this regard, the selling User/Associate/Reseller will be liable for any compensations arising due to forged signatures.
(xxvii) If we receive any complaint from our ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Reseller that you are 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. Complaints should be certified by General managers or above User/Associate/Resellers. However, he/she will continue to enjoy our products for the purchased period.
If you are proved that you are not 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 User/Associate/Reseller / User/Associate/Resellers and certifying User/Associate/Reseller / User/Associate/Resellers are responsible for the commission 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.
(xxviii) Any User/Associate/Reseller found to indulge in any other activity would automatically lose their right to buy our product next year for the purpose of doing business with us.
(xxix) 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 family income then the income of other created multiple positions would be stop immediately, however, ELYSIUM NET SOLUTION PVT. LTD. product would be provided for the entire purchased period.
(xxx) Any anti-social activity / manhandling to any ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Reseller by any other ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Reseller would automatically disqualify forever for ongoing commission and shall be prosecuted under law. However ELYSIUM NET SOLUTION PVT. LTD. Product could be enjoyed till the purchased period.
(xxxi) Only information available at our website related to COMPANY or its President / Directors should be given to other User/Associate/Resellers / Guests for promotion of ELYSIUM NET SOLUTION PVT. LTD. Reseller Commission Model / ELYSIUM NET SOLUTION PVT. LTD. mission. Any User/Associate/Reseller 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 the product purchased by him/her for the entire purchased period.
(xxxii) No User/Associate/Reseller can sell directly or indirectly to other User/Associate/Resellers and Guests CDs, DVDs , Books, Presentation files or other materials produced by any ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Reseller. This is very serious matter as nobody can sell any material to other User/Associate/Resellers for promoting ELYSIUM NET SOLUTION PVT. LTD. mission or business. Any User/Associate/Reseller found to violate this rule would face immediate suspension/termination along with the producing User/Associate/Reseller, from the incentive plan, however, he/she would continue to enjoy the product purchased by him/her for the entire purchased period.
(xxxiii) ELYSIUM NET SOLUTION PVT. LTD. Reseller Commission Model / ELYSIUM NET SOLUTION PVT. LTD. mission must be promoted with Honesty, Passion, Truthfulness, Kindheartedness and Love.
(xxxiv) User/Associate/Resellers can contribute money with the involvement of the COMPANY for the production of the promotional material developed by elysiumnetsolution.in. User/Associate/Resellers or by the COMPANY to distribute to other ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Resellers / Guests at free of cost for promotion of ELYSIUM NET SOLUTION PVT. LTD. Business / Mission. It is to be noted that the promotional material produced by User/Associate/Resellers can not be sold to other User/Associate/Resellers directly or indirectly in any circumstances.
(xxxv) Any User/Associate/Reseller earning commissions from ELYSIUM NET SOLUTION PVT. LTD. cannot join other COMPANY / IT COMPANY /COMPANY Business directly or indirectly otherwise he / she would lose their right to get any further commissions from ELYSIUM NET SOLUTION PVT. LTD... . However, he/she would continue to enjoy the product purchased by him/her for the entire purchased period.
(xxxvi) It is the duty of all the User/Associate/Resellers to follow all the FAQ and Legalities of ELYSIUM NET SOLUTION PVT. LTD. Being global COMPANY we have no way to know for any violation done by any User/Associate/Reseller unless we receive any complain, any action for any violation would be initiated by the COMPANY only after receiving complain.
(a) Mass mailings, akin to junk-mail, either to news groups or electronic mail or unsolicited commercial and/or informational email, including limitation, commercial advertising and informational announcements, sent to unknown person / profile, unless the recipients have expressly asked to receive email announcing programs of this type.
(b) Mass or bulk [20 or more recipients] emails of any kind, unless the recipients have expressly asked to receive email pertaining to programs of this type.
(c) And newsgroup article, or essentially the same article with small changes, posted unacceptably a large number of times to one or more newsgroups, [Content is irrelevant] or Usenet, chat room or message board postings that are unrelated to the topic of discussion of the particular news group, chat room or message board, "Spam" does not include responding to any message received by sending a message [even though not related to the received message] by use of the "Reply to All" or similar e-mail feature. "Spam" does not means "ads" id does not means, "abuse". It does not mean, "Posts whose subject I object to". Sites may not contain or transmit any file or software with a virus or other contaminating or destructive features. No User/Associate/Reseller shall in any manner interfere with the content of other sites or the system. Sites may not use excess system resources or otherwise, in the COMPANY’s sole judgment, use resources in the manner that damages its system.
12. Promises By Recruiting User/Associate/Reseller.
No product selling User/Associate/Reseller is authorized to make any other promise to prospective buying User/Associate/Resellers other than those made by the COMPANY 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 User/Associate/Reseller to the prospective User/Associate/Reseller / user while introducing the product / service package of the COMPANY. At the time of agreement, if any User/Associate/Reseller while trying to enter into agreement with the prospective User/Associate/Reseller makes some false commitment, misrepresentation and promises such prospective User/Associate/Reseller can lodge a complaint against the User/Associate/Reseller with the COMPANY . COMPANY will take appropriate action against such User/Associate/Reseller but COMPANY shall not be responsible and liable for such acts of User/Associate/Reseller.
User/Associate/Reseller will be entitled to participate in the business and education programmes 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 referring the sales of two ENS WEB PACKAGES, User/Associate/Reseller will be eligible to collect pay out on all levels of the Business Center with fulfillment of the conditions, as explained on the COMPANY’s business section. A User/Associate/Reseller understands that to earn pay out in the programme, User/Associate/Reseller is responsible for generating business for his/her self and the COMPANY. To do this, A User/Associate/Reseller will personally refer sales of the ENS WEB 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’s independent User/Associate/Resellers or representatives which will be notified by the User/Associate/Reseller to prospective User/Associate/Reseller. A User/Associate/Reseller has to train those referred to by participation in the programme and does not affect the COMPANY’s ENS WEB PACKAGE price or any other product or service. Only those who buy an ENS WEB PACKAGE shall be entitled for binary compensation plans.
A User/Associate/Reseller 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 accepted by the COMPANY .
A User/Associate/Reseller shall be entitled to get COMPANY’s site for online Application processing.
A User/Associate/Reseller is responsible for training those who are referred by participation in the program.
A User/Associate/Reseller shall be solely responsible for payment of his/her taxes and other levies [central or state] in general course of his self- employment as an independent User/Associate/Reseller or COMPANY 's web based program as per the laws and rules governing his / her state / country. Independent User/Associate/Resellers agree that in India the revenue earned during the fiscal year of network marketing will be liable to tax deduction in accordance with the income tax act, 2058 B.S.(or income tax act , 2001 A.D.) , as per the Income Tax Department , Government of India, amended from time to time.
A User/Associate/Reseller 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 of A User/Associate/Reseller.
A User/Associate/Reseller shall be responsible to keep him/herself aware of any change[s] modification[s] in the existing agreement or change in the compensation plan, rates, prices and charges. A User/Associate/Reseller agrees that the COMPANY may from time to time by way of general notice, may modify the existing agreement or change in the compensation plan, marketing plan, rates, prices and charges in order to make it applicable to all User/Associate/Resellers. If A User/Associate/Reseller 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 A User/Associate/Reseller as on the day, after such notice is posted on www.elysiumnetsolution.in web site and /or on the day the change is put on the COMPANY’s Conference Call, sent by the COMPANY’s mail or any other mode of mass communication. It is User/Associate/Reseller's responsibility to be in touch and stay abreast of developments communicated in this fashion.
14. Cross Jumping /Cross Recruiting.
A User/Associate/Reseller 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/Service 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 User/Associate/Reseller / prospective applicant. "Cross Jumping" means soliciting A User/Associate/Reseller or any closely related person or entity into a down line different from the existing down line for that User/Associate/Reseller, or a closely related person or entity. "Cross jumping" means A User/Associate/Reseller 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 User/Associate/Reseller first was enrolled. "Closely related person or entity" is any person in the household of the User/Associate/Reseller [e.g. Spouse, son, daughter, parents living in the same household] or any legal entity which is controlled by the User/Associate/Reseller.
15. ENS WEB PACKAGE [Web Sites] And Its Wrongful Multiple Sale.
Any COMPANY / person/ COMPANY or any legal entity may buy more than one ENS WEB PACKAGE after obtaining written permission of the COMPANY. However, the COMPANY does not encourage any COMPANY / person / COMPANY to purchase more than one ENS WEB PACKAGE to participate in the programme and the compensation plan or even to maximize potential compensation. Any User/Associate/Reseller who advises potential User/Associate/Resellers otherwise is in violation of this agreement and is subject to penalty as set forth herein. Purchase of more than one web packs 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 buying separately ENS WEB 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 User/Associate/Resellers.
16. Income Representation.
A User/Associate/Reseller / User is not entitled to any profit solely on the ground that he/she/it has introduced another person as A User/Associate/Reseller to the programme. There is no guarantee under this program that the User/Associate/Reseller will drive any specific income or profit. Any income that User/Associate/Reseller earns under this program is determined by User/Associate/Reseller's personal activity as an independent User/Associate/Reseller. User/Associate/Reseller understands that ENS WEB PACKAGE and other products sales revenue shall be paid only to the qualified "selling" User/Associate/Reseller and to his or her down line and up line. The User/Associate/Reseller shall not make any income representations except those set forth herein or otherwise specifically set forth in official COMPANY’s material. User/Associate/Reseller 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/their own account and the COMPANY shall not be responsible for revenue earned by the User/Associate/Reseller other than what is earned from the COMPANY .
17. Links To Third Party Sites.
The ENS WEB PACKAGE and www.elysiumnetsolution.in sites may contain links to web sites operated by parties other than COMPANY. Such links are provided for User/Associate/Reseller's convenience only. The COMPANY does not control such web site, and is not responsible for their contents. Corporatesociety.org 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.
18. Liability Disclaimer.
The information, software, products and services included on the ENS WEB 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 ENS WEB PACKAGE at any time. Advice received via ENS WEB PACKAGE or in any manner from the COMPANY or its advisers, should not be relied upon for personal, medical, legal or financial decisions. A User/Associate/Reseller 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 ENS WEB 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 ENS WEB PACKAGE , with the delay or inability to use the ENS WEB PACKAGE , the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ENS WEB PACKAGE or otherwise arising out of the use of the ENS WEB 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 A User/Associate/Reseller. If any User/Associate/Reseller dissatisfied with any portion of the ENS WEB PACKAGE, or with any of these, the sole and exclusive remedy is to discontinue using the ENS WEB PACKAGE.
19. Usage Of Web-Sites.
User/Associate/Reseller agrees that he/she will not in any case, while using the ENS WEB PACKAGE domain name and UNLIMITED hosting space, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights [such as rights of privacy to any publicity] of others or of the COMPANY . Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, sexually explicit, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws [or by the rights of privacy to the publicity] unless A User/Associate/Reseller owns or controls the rights or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose unless proper, legal and related to the particular forum. Download or forward any files posted by another user of a Forum that User/Associate/Reseller know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhabit any other user from using and enjoying the communities. The COMPANY reserves the right to terminate User/Associate/Resellers access to any part or all of the ENS WEB PACKAGE at any time without notice for any reason whatsoever.
Copyrighted Material not Allowed on website hosted by 'ENS' like Songs, Movies, copyrighted videos or any other copyrighted contents/softwares etc.
20. Web-Pack Software/Tutorials.
Software/Tutorials [if any] that are/ will be made available by the web-pack ["Software/Tutorials"] are the copyrighted work of the COMPANY and/or its suppliers. A User/Associate/Reseller's use of the software/tutorials are governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ["License Agreement"]. A User/Associate/Reseller may not install or use any software/tutorials that are accompanied by or includes a License Agreement unless he/she first agrees to the terms of License Agreement. For any software/tutorials not accompanied by a license- agreement, the COMPANY hereby grants to User/Associate/Reseller, the user, a personal, non-transferable license to use the Software/Tutorials for viewing and otherwise using the ENS WEB PACKAGE in accordance with these terms and conditions and for no other purpose provided that User/Associate/Reseller keep intact all copyright and other proprietary notices. User/Associate/Reseller should clearly note that all Software/Tutorials, including without limitation all HTML code and programming code contained in the Web pack, 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/Tutorials or any other material given on our site (www.elysiumnetsolution.in) are explicitly prohibited by law and may result in severe civil and criminal liabilities.
Copying or reproductions of the software/tutorials or any other information given on our site (www.elysiumnetsolution.in) 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.
User/Associate/Reseller acknowledges that the Software/Tutorials and any accompanying documentation and /or technical information, is subject to applicable export control laws and regulations of India.
21. Service Contact.
(a) email@example.com for information regarding Corporate ENS WEB PACKAGE .
(b) firstname.lastname@example.org for resolving the disputes/complaints and other issues.
A User/Associate/Reseller agrees that no joint venture, partnership, employment, or agency relationship exists between User/Associate/Reseller and the COMPANY as a result of this agreement or use of the ENS WEB PACKAGE.
23. Copyright And Trademark Notices.
All contents of the ENS WEB PACKAGE /official material and the web site www.elysiumnetsolution.in are the original work of the COMPANY and its suppliers have its office in, JAMMU , 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 site www.elysiumnetsolution.in 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.
24. Transfer Of Reseller Center/Retailership
A User/Associate/Reseller may have is fully transferable in accordance with the terms of a Will, or in the absence of a will, it passes to legal heirs pursuant to the applicable in-testate succession laws. For those User/Associate/Resellers who's ELYSIUM NET SOLUTION PVT. LTD. Business Center is owned by a COMPANY [or some other type of legal entity]; there would be no change in the ownership of the Business 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 ELYSIUM NET SOLUTION PVT. LTD. Business Center.
Any User/Associate/Reseller of ELYSIUM NET SOLUTION PVT. LTD. will not be transferred i or crossed after his/her registration date.
25. Information About User/Associate/Resellers.
User/Associate/Reseller 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.
26. User/Associate/Resellers Contents On Web- Site Liability Thereof.
Reference in User/Associate/Resellers site to products, service, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or other do not constitute or imply an endorsement or recommendation by the COMPANY . Product and service information is the sole responsibility of each individual site owner / user. User/Associate/Resellers are solely responsible for compliance of the laws governing the offering, sale licensing, or other marketing and taxation of any products. On occasion, the COMPANY will undergo routine maintenance or experience due to unexpected technical problems. The COMPANY may be required to access A User/Associate/Reseller's web site from time to time to provide maintenance. The COMPANY will not in any circumstance be responsible for problems, losses, or damages arising from the connectivity, errors in content due to application problems, loss of access by User/Associate/Resellers, or temporary or permanent loss of data.
A User/Associate/Reseller may voluntarily terminate this Agreement by giving one month's written notice to the COMPANY at any time for any reason. If the User/Associate/Reseller terminates this Agreement, then such User/Associate/Reseller shall not be allowed to become A User/Associate/Reseller again for a period of six  months. If User/Associate/Reseller rejoins on line in violation of this policy then such User/Associate/Reseller 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.
Applicant / User/Associate/Reseller 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 by the COMPANY arising out of or connected with the user's conduct, misuse of credit card or any act of applicant / User/Associate/Reseller whether directly or indirectly or against any violation of this agreement.
29. Security/Confidentiality Agreement.
Each User/Associate/Reseller hereby, agrees to keep any passwords and other secure accesses information confidential and notify the COMPANY promptly if the User/Associate/Reseller 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.
30. Participation And Disclaimer.
Important- Read Carefully: Be sure to carefully read and understand all of the rights and restrictions described in this User/Associate/Reseller Participation, Disclaimer and FAQ (Frequently Asked Questions). User/Associate/Reseller will be asked to review and either accept or not accept the terms hereof.
(a) User/Associate/Reseller / user clicking on the "I agree" button while purchasing the product online is a symbol of your signatures that you accept the terms of the User/Associate/Reseller Participation and Disclaimer. This User/Associate/Reseller Participation and Disclaimer is a legal agreement between you [either an individual, COMPANY or a legal entity] and the COMPANY and you are bound by the terms and conditions of this agreement.
(b) To become an ELYSIUM NET SOLUTION PVT. LTD. User/Associate/Reseller you must have a PAN no. and completed 10 grade of schooling. There is no any qualification 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 User/Associate/Reseller or prospective applicant for online Registration at any time and without prior notice to its User/Associate/Resellers / 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 User/Associate/Resellers / Users / Prospective applicant any money paid by them towards any products or services of the COMPANY.
ELYSIUM NET SOLUTION PVT. LTD. ,
41 B/B, Gandhi Nagar, Jammu
Jammu & Kashmir- 180004
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.