Gift365.in is a website providing services all over India and sending you incredible lovely gifts & cards at your doorstep. All products, services and information displayed on Gift365.in are to put forward your order that you buy which shall be subject to the terms and conditions as listed below. Gift365.in reserves the rights to accept or reject your order and inform you by email regarding the confirmation of your order. After verifying your contact details, we will process your order.
The Gift365.in Franchise Partner Program Terms and Conditions:
By clicking on the “Accept” button, you agree that you (“Franchise Partner”) will comply with the terms and conditions of the Gift365.in. Franchise Partner Program (“Franchise Program”) set forth herein (collectively, the “Terms”), and represent that you are authorized to bind said Referrer Partner to the Terms, and that the Franchise Partner understands and agrees to the Terms.
1.1 “Recognised Order Value” shall mean receipt of the net order value (excluding taxes if any) accepted by Gift365.in from an approved prospect for selling Products or Services.
1.2 “Order” means the first mutually signed order form or other ordering document between an Approved Prospect and Gift365.in documenting Product or services provided and which otherwise meets the criteria of the Referrer Program.
1.3 The terms Franchise or Partner may be interpreted as one and the same for the purposes of these terms to mean the person who introduces an approved prospect that Buys Product or Services of Gift365.in, and that has agreed and abides by, these terms, thereafter known as an “Approved Partner”.
2. Franchise Fees/Commission/Margin
2.1 If an Approved Prospect referred by an Approved Franchise Partner makes purchases, a fee will be paid which is a percentage of the Value of the Order (Excluding Govt Taxes) received by Gift365.in under such Order. This percentage will be specified under separate cover, prior to your agreement here, and constituting an integral part of this agreement.
2.2 Any Franchise fee/commission/margin payable hereunder in connection with an Order will be paid only after Gift365.in’s receipt of all payments for the referred order.
2.3 If an Approved Prospect entering into an Order was referred by more than one Approved Franchise Partner, the Approved Prospect will determine which Approved Franchise Partner is entitled to the referral fee. Gift365.in will not arbitrate in these circumstances. The Approved Prospect nominates the Franchise partner in their registration.
3. Eligibility Requirements for a Prospect.
An Approved Franchise Partner will only be eligible for a Franchise fee/commission/margin under this Franchise Program for referring a prospective customer (a “Prospect”) that meets all of the criteria set forth in this Section 3 (an “Approved Prospect”). 3.1 The Prospect must not have been a customer of, or otherwise engaged in discussions with Gift365.in or any Gift365.in Channel Partners (as defined below), or their respective personnel, regarding a sales opportunity at any time during the six (6) months preceding submission of the lead to Gift365.in.
3.2 The Prospect must not be a customer of Gift365.in`.
3.3 The Prospect must not be a Reseller/ Franchise Partner or any direct or indirect affiliate of a Reseller/ Franchise Partner.
3.4 The Prospect must be submitted by an Approved Franchise Partner (as defined below) who has fully complied with the terms of the Referral Program.
3.5 The Franchise Partner must accurately complete all parts of the Franchise Registration Form and provide any additional details and information that Gift365.in requests or requires.
3.6 The Prospect must have expressed or demonstrated some interest to the Franchise Partner that suggests, in Gift365.in’s reasonable determination, that it is a good prospect and has genuine requirements. For purposes of clarification, cold call lists or any such referrals do not qualify for this Reseller/Franchise Program. Submission of such erroneous referrals could be perceived as a breach of these terms, and sufficient grounds to terminate all contracts forthwith without penalty.
3.7 The Prospect must have communicated to the Franchise Partner that it is interested in buying Products or Services offered by Gift365.in.
3.8 While referring you should give specific person’s name and other details as required by Gift365.in to further follow up the Prospect.
3.9 Franchise commission/margin to be paid is specific/limited to only the referred prospects (company) individual contact. Gift365.in (and other Franchise partners) reserves the right to deal with any other Prospects within the said company for other Orders/Services and in such cases franchise commission/margin will be paid to respective Franchise Partners.
4. Eligibility Requirements for the Franchise Partner.
Only a Franchise Partner meeting all of the criteria set forth in this Section 4 (an “Approved Franchise Partner”) will be eligible for a franchise commission/margin under this Franchise Program.
4.1 The Referrer Partner must be willing to allow Gift365.in facility to make, offer and adjust any and all payment digitally (online) as inclusive of the Reseller Program (including payment of any commission/margin) is conditioned on the Franchise Partner being in good standing with Gift365.in (e.g. current on any amounts owed, not in breach of agreements with Gift365.in, and not otherwise prohibited from referring such business to Gift365.in).
4.2 The Franchise Partner must be willing to arrange a meeting between the Prospect and Gift365.in subject to the Prospect’s requirements.
4.3 Transfer or change of the Franchise Partner is permissible however the right to change must be approved by the Approved Prospect (Client) and (as well as) by Gift365.in, and the timing of any such change will take place at a time solely at the discretion of Gift365.in. Usually this will be within 30 days of the date of request, at the end of the month, strictly providing all parties being in agreement.
4.4 The Approved Prospect may change or delete their Franchise Partner at any time by informing Gift365.in.
4.5 No back-payment of Franchise commission/margin will be made to the newly appointed Franchise Partners.
4.6 Gift365.in will not enter into any dispute between respective Appointed Franchisees.
4.7 Gift365.in reserve the right to suspend, cancel or withdraw any and all Franchise commission/margin outstanding or being incurred at anytime in the event of a dispute between franchisees.
5.1 The Franchise Partner represents that submission of leads does not violate any legal obligations to which Franchise Partners are subject, and that neither Franchise Partner has any relationship with the Prospect or Gift365.in, or any of their personnel, that creates or could create a conflict of interest. In case of any consulting relationship or potential conflict of interest between Franchise Partner and Prospect, Franchise Partner shall disclose to Prospect its participation in the Franchise Program and its eligibility for commission/margin under the Franchise Program.
5.2 Franchise Partner represents that information submitted by it or on its behalf in connection with the Franchise Program is not subject to any confidentiality obligations.
5.3 Franchise Partner agrees to ensure that it and its employees, agents and personnel will at all times protect and maintain in strict confidence all confidential information concerning Gift365.in, its customers, prospective customers, suppliers and channel partners disclosed to it in connection with the Franchise Program or any matter related to the Franchise Program.
5.4 Franchise Partner agrees that it is not acting as Gift365.in’s agent or representative and has no authority to bind Gift365.in to any arrangements with third parties, nor may the Franchise Partner represent anything to the contrary to any third party. The Franchise Partner may not make any representations or warranties on Gift365.in’s behalf and agrees to indemnify, defend and hold Gift365.in harmless from and against any claims against Gift365.in related to or arising from the Franchise Partner’s acts or omissions in connection with the Franchise Program.
5.5 The Franchise Partner agrees to comply with all applicable laws, rules and regulations in connection with this Franchise Program, including with respect to the taxation of Franchise Commission/Margin paid under the Franchise Program. Gift365.in reserves the right to deduct from Franchisee’s payments any required tax withholding and other deductions that it determines are legally required. The Franchise Partner understands and agrees that it is solely responsible for any costs it incurs in connection with the Franchise Program or its referring of leads. The Franchise Program is void where prohibited by law.
5.6 Gift365.in may, in its sole discretion, at any time with or without notice, terminate this Franchise Program or the Franchise Partner’s participation in the Franchise Program or modify the terms and conditions of this Franchise Program. All questions of eligibility and payment under the Franchise Program will be finally determined by Gift365.in.
5.7 Gift365.in’s sole liability to the Franchise Partner or any third party for any matters in any way related to this Franchise Program will be limited to payment of Franchise commission/margin that have been duly earned subject to the Terms of the Franchise Program. Gift365.in disclaims all other liability of any kind. Gift365.in makes no representations or warranties express or implied to you, to the Referrer Partner or to any third party in connection with this Franchise Program. IN NO EVENT WILL GIFT365.IN OR ANY OF ITS AFFILIATED COMPANIES, SUPPLIERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT GIFT365.IN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5.8 The limitations and exclusions contained in Section 5.7 above shall not apply to damages caused by Gift365.in’s gross negligence or intent.
5.9 Gift365.in’s failure to enforce its rights or to insist on fulfillment of any requirements, terms and/or conditions with respect to any payments made or to be made hereunder (or any other matter pertaining to the Franchise Program) will not act as a waiver of Gift365.in’s right to later enforce any such rights or to require fulfillment of any such requirements terms and/or conditions.
5.10 The Terms govern the treatment of any lead submitted by or on behalf of the Franchise Partner under the Franchise Program and supersede any other agreement or understanding between Gift365.in and the Franchise with respect to the payment of reseller fees for such lead. The Franchise Partners will not be eligible to receive any other payment in connection with an Order except as provided hereunder.
5.11 The Partner will provide evidence to support its compliance with the Franchise Program’s Terms and Conditions if required to do so by Gift365.in.
5.12 The Franchise Program is governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai
5.13 All Franchisees are required to confirm their agreement to these terms and conditions in their registration.
5.14 All Franchisees are required to confirm the bank account, including as necessary, SwiftCode and IFSC Codes, to which payments will be made.