In addition, for an I Am Sai Network Partner, the documents constituting the I Am Sai Contract apply. Also, along with this the Terms and Conditions of the I Am Sai Network Partner Contract apply,
The I Am Sai Website provides information on I Am Sai, the AWE-Struck Integrated Technologies Private Ltd. Business and I Am Sai products and services and is intended only for use from and in the Republic of India (India) and is based on the laws of India. I Am Sai disclaims any liability and responsibility for use of the I Am Sai Website from other countries.
- PASSWORD PROTECTED PARTS OF THE I AM SAI WEBSITE
- The password-protected parts of the I Am Sai Website are intended exclusively for I Am Sai Network Partner in India. If you do not already know an I Am Sai Network Partner and wish to contact one, please use the Register Form available at www.iamsai.in.
- Please note: Passwords should not be given to third parties and must be protected from unauthorised access. If you become aware of any unauthorsed use of your password, you should notify I Am Sai immediately. I Am Sai disclaims any liability and responsibility for damage caused as a result of improper use of passwords.
- I AM SAI ‘S PRIVACY STATEMENT AND POLICIES
- All information provided to I Am Sai during the use of the I Am Sai Website must be correct, complete, and up to date. If we have reason to believe that incorrect, incomplete or outdated information has been provided, access to the I Am Sai may be limited or blocked.
- COPYRIGHT AND USE OF I AM SAI WEBSITE MATERIALS
- The I Am Sai Website and materials made available on the I Am Sai Website are protected by intellectual property rights, including copyrights, trade names and trademarks, including the name I Am Sai and the IAMSAI logo, and are owned by I Am Sai or used by I Am Sai under a license or with permission from the owner of such rights. Materials protected by such intellectual property rights include the design, layout, look, appearance, graphics, photos, images, articles, stories and other materials available on the I Am Sai Website (collectively, Website Materials).
- Website Materials may only be reproduced, distributed, published or otherwise publicly presented based on a prior written consent by I Am Sai. As an exception to this rule, I Am Sai grants I Am Sai Network Partner a limited, non-exclusive, revocable license to use Website Materials solely for the purposes of operating their I Am Sai network partner business by downloading, storing, printing, copying, sharing and displaying Website Materials, provided that the Material is unaltered and the source of information is quoted in case any Website Materials are disclosed to third parties. Should you have additional questions on the use of the Website Materials, please contact us.
- The right to use the password-protected parts of the I Am Sai Website as a Network Partner ends on termination of the I Am Sai network Partner Contract without the need for any further actions by I Am Sai. In the event of termination thereof, the I Am Sai Network Partner must delete or destroy all stored, printed or copied materials, unless they must be retained to comply with legal requirements.
- LINKS TO OTHER WEBSITES
- LINKS FROM OTHER WEBSITES TO THE I AM SAI WEBSITE
Inserting links from a third-party website to www.iamsai.in requires prior written consent from I Am Sai.
- LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES AND INDEMNIFICATION
- To the extent permitted by applicable law, neither I Am Sai nor its affiliates shall be liable for any direct, indirect, consequential or other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, arising out of or in connection with your use or access to, or inability to use or access the I Am Sai Website or its content.
- I Am Sai will use reasonable efforts to ensure that the information and materials provided on this Website are correct. However, I Am Sai cannot guarantee the accuracy of all information and materials and does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information and materials contained on this Website. We do not warrant that the operation of this Website will be uninterrupted or error-free, or that this Website is free from viruses or other components that may be harmful to equipment or software. I Am Sai does not guarantee that the I Am Sai Website will be compatible with the equipment and software which you may use and does not guarantee that the I Am Sai Website will be available all the time or at any specific time.
- I Am Sai shall not be responsible for providing alternative branding options in case an I Am Sai network Partner does not have an office setup. However it will be the sole discretion of the I Am Sai management to provide any alternative branding options.
- I Am Sai shall not be responsible to upgrade the hardware and goodies in case of upgrading the package. However I Am Sai will deliver/provide with the extra items that come with the bag of goodies of the upgrading package. Further in case of up gradation of the package the validity of the package will remain same as the 1st package opted and I Am Sai shall not be responsible for increasing the validity of the package. Further the package prices may increase from time to time however the same price will remain for existing customers. The increase in the package price will be the sole discretion of I Am Sai and as per the changing market condition and as per amendment in laws.
- We do not warrant the hardware provided in this package and we have limited liability only up to delivery and repairs under warranty of the said hardware(s) provided in the I Am Sai Goodie Kit and the same is also not replaceable or exchange at any point of time. There may be change in the items of the goodies and depending on the availability the selection of the said goodies will be the sole discretion of I Am Sai.
- We do not warrant the quality of the leads provided which are generated by I Am Sai and also the leads will be provided over 60 days time. In case of non-conversion of the leads into business shall be the responsibility of I Am Sai Network Partner. Further we will try our best to provide the leads city wise. However we do not warrant and shall not be held responsible to provide leads based on preferred localities. The leads provided if not reachable due to change in contact details or the contacts not being reachable any other reason shall not be the responsibility of I Am Sai. However we will try our best to ensure that it comes from genuine sources and adequate validations are done.
- We do not warrant that the goodies and the marketing collaterals will be made available during the period of lockdown and any such situation(s) which may arise and we shall be not hold responsible for the delay in sending goodies and marketing collaterals although we may tried our best possible to send the said with in the required time. I Am Sai shall not be held responsible for the replacement of the said standees or marketing collaterals but however in case of such events the said can be purchased from I Am Sai.
- I Am Sai as a part of the package shall provide limited visiting cards as per the package. However the same in case exhausted can be purchased from I Am Sai at an additional cost.
- We do not warrant that the said meets and training shall be conducted during lockdown and similar situations and upon such directives received from the governments. However we will try to provide alternate modes of meets and training through virtual training and such modes shall be at the sole discretion of I Am Sai.
- We do not warrant any verbal or written communication made by the employee(s), associate(s), agents, brokers, etc. of I Am Sai. Only written communication from the management, information through our official website or official social media pages mentioned on this website may be considered as information from the management of I Am Sai. Any written approval from our employees, associates, agents, brokers, etc. shall be considered binding only upon written approval of the management.
- We do not warrant and shall not be held responsible if there is any delay in the current situation or similar situation of lockdown in providing the mobile application/Technology Platform.
- We do not warrant and shall not be held responsible for the return on Investments as the same depends on various market factors and economic situations. The Return on investment will be the sole responsibility of the Network Partner and I Am Sai shall not be held responsible for the same.
- BROKERAGE TERMS OF I AM SAI NETWORK PARTNER (REMUNERATION AND RESPONSIBILITIES)
- Brokerage will be paid to the I AM Sai Network Partner on the units sold of the properties under AWE-Struck Integrated Technologies Private Limited sole basis the registration and minimum/decided payment of the said flat is done and only on those amounts, which are received by AWE-Struck Integrated Technologies Private Limited through the I AM Sai Network Partner’s client. The brokerage amount will be payable only after received in writing from AWE-Struck Integrated Technologies Private Ltd for the services provided and remuneration due. Brokerage shall be paid as per applicable rules by AWE-Struck Integrated Technologies Private Ltd.
- In case of any dispute in relation to the source of the booking, the Channel Partner confirms that the decision of AWE-Struck Integrated Technologies Private Ltd. shall be binding and he/she/it shall not raise any dispute in this regard.
- TDS shall be deducted by AWE-Struck Integrated Technologies Private Ltd.
and TDS certificates to be provided for such deductions.
- The I Am Sai Network Partner agrees that in case of cancellation of any property/ units/ flats /shops /land booked through the I Am Sai Network Partner, then the I am Sai Network Partner shall not be eligible for any further fees for that and fees paid in advance if any will be promptly returned to AITPL by the I Am Sai Network Partner.
- In the event of Termination of the agreed Terms, any surplus Fees paid by AWE-Struck Integrated Technologies Private Ltd. to the I am Sai Network Partner shall be refunded by the I am Sai Network Partner to AWE-Struck Integrated Technologies Private Ltd. within 15 (FIFTEEN) days from the date of termination without any delay whatsoever.
- It is the responsibility of the I am Sai Network Partner to propose to AWE-Struck Integrated Technologies Private Ltd only those clients who are eligible for loan or are able to fit in the budgets and has clear documentation.
- It is the responsibility of the I am Sai Network Partner if required by AWE-Struck Integrated Technologies Private Ltd to collect the payments from the clients on behalf of the developer and also to help in registration process facilitation of loan, etc to the prospective clients.
- The I am Sai Network Partner is also responsible for resolving queries or any disputes raised by the prospective buyers.
- In case of non-timely payment from the prospective buyers, AWE-Struck Integrated Technologies Private Ltd and I am Sai reserves the right to hold back any payments applicable to be paid to the I am Sai Network Partner unless those payments are cleared from the side of the prospective buyers.
- In case of any litigation the broker will act on behalf of AWE-Struck Integrated Technologies Private Ltd and undertakes that he will not appear against Consultant Chembur Private Ltd.
- The I am Sai Network Partner will not make any false representations to the clients and prospective buyers if any false representation made by the I am Sai Network Partner or any representations made which are not as per RERA then the broker will be solely responsible for the same and if any litigation arising out of that will be the sole responsibly of the broker by misrepresentations made where AWE-Struck Integrated Technologies Private Ltd is a party the same will be defended by AWE-Struck Integrated Technologies Private Ltd with the choice of his own advocate and the cost of the said litigation will be borne by the I am Sai Network Partner.
- The I am Sai Network Partner confirms that he/she/they have no authority to accept any payment or issue any receipt on behalf of the Developer. The Developer /AWE-Struck Integrated Technologies Private Ltd shall not be responsible for any payment(s) till such that time at receipt for the said payment is issued by the Developer.
- The I am Sai Network Partner confirms that he/she/they are not authorised to issue any statement or make any written communication in relation to the Developer and/or its Project. All bookings shall solely be governed by the terms Agreement signed between the Developer and the Customer.
- I Am Sai generally reserves the right to partially or entirely alter, block, or discontinue the I Am Sai Website or its content at any time and for any reason.
- SEVERABILITY CLAUSE
- CHOICE OF LAW, JURISDICTION AND VENUE
- CODE OF ETHICS OF AN I AM SAI NETWORK PARTNER
- As I AM SAI Network Partner, I agree to conduct my I Am Sai business according to the following ethical guidelines:
- As a basic guideline in my activities as an I Am Sai Network Partner, I will endeavour to always treat others, as I would have them treat me. I will respect and follow this Code of Ethics (hereinafter ‘the Code’) and the Rules of Conduct (hereinafter ‘the Rules’) as well as all applicable laws, rules and regulations observing not only “the letter “ but also “ the spirit “ thereof.
- I will present I Am Sai Properties / Products/ Services and I Am Sai Sales and Marketing Plan to all prospective Network partners / Buyers / Investors in an accurate, fair, truthful and honest manner, and I will make sure to present only what is approved in official I Am Sai publications.
- I will be courteous and prompt in the handling of any and all claims for exchange and return and follow the procedures prescribed by I Am Sai from time to time in its official publications.
- I will conduct myself in such a manner as to reflect only the highest standards of integrity, frankness and responsibility because I recognise that my conduct as an I Am Sai Network Partner has far reaching effects.
- I will accept and carry out the responsibilities of an I Am Sai network partner as set forth in official I Am Sai publications.
- I will not poach or instigate any of the employees of AITPL to join his business or business of any other competitor of I am Sai
- In my I Am Sai Network Partner product/ Property t sales activities, and for the purposes of protecting the I Am Sai Sales and Marketing Plan, I will use only I Am Sai authorised publications
- RESPONSIBILITIES OF I AM SAI NETWORK PARTNER
- I Am Sai Network Partners must meet their criteria set by I Am Sai in order to retain their status of I Am Sai Network Partner. They must additionally complete required training in order to continue as I Am Sai Network Partner and be eligible to recommend new avenues to I Am Sai.
- Abide by the Rules/ I Am Sai Network Partner Contract: At all times, Network partners must strictly adhere to the Rules of Conduct and to other documents that comprise the I Am Sai Network Partner Contract. I Am Sai may from time to time amend the Rules of Conduct and any other document comprising the Network partner Contract through notice on its website www.iamsai.in. If the I Am Sai Network Partner does not agree to be bound by any amendment(s), he/she/they may terminate the I Am Sai Network Partner Contract with immediate effect by giving a written notice to I Am Sai. Otherwise, the I Am Sai Network Partner continued relationship with I Am Sai constitutes an affirmative acknowledgment by the Network partner of the amendment(s), and his/her/their agreement to be bound thereto.
- I Am Sai Network Partner cannot make exaggerated claims or non-guaranteed claims with regard to I Am Sai in any way whatsoever, represent incorrectly with regard to prices, standards, grades, contents, style , place of origin or availability, etc.
- In any way whatsoever act or present I Am Sai in a fraudulent manner or promote that do not belong to I Am Sai as if they did or sell at a price below the agreed Purchase price
- I Am Sai Network Partner hereby indemnify I Am Sai for any losses, claim, legal actions, suit, etc. (including I Am Sai or AITPL legal fees) which are filed or which originate because of any failure by the I Am Sai Network Partner to observe this rule.
- I Am Sai Network Partner shall comply with all laws, regulations and codes that apply to the operation of their I Am Sai business wherever said I Am Sai Business may be conducted within the market, and they must not conduct any activity that could jeopardise the reputation of the I Am Sai Network Partner and/or I Am Sai. Applicable laws, regulations and codes vary from State to State in India, and over time, and I Am Sai does not ensure or make representations with respect to the quantity or extent of effort or expense required to comply with such laws, regulations and/or codes.
- I Am Sai Network Partner shall carry out all the activities which are permissible under the RERA norms of each state and as per the Indian Laws.
- I Am Sai Network Partner shall not engage in any deceptive or unlawful trade practice as defined by any Central, State or local law or regulations. No I Am Sai Network Partner shall operate any illegal or unlawful business enterprise, engage or participate in any illegal or unlawful business activity or be convicted of any illegal or unlawful activity. An illegal or unlawful enterprise or activity is one which is prohibited by central, state, or local law or regulation. If any individual for an I Am Sai Network Partner is presented to I Am Sai by a person who operates, or is engaging or participating in, any illegal or unlawful enterprise or activity, I Am Sai may hold such application in abeyance and contact the applicant to determine whether he or she is so engaged and, if so, what his or her intentions are concerning such enterprise or activity. Refusal or failure on the part of the applicant to produce proof that he or she has terminated his or her relationship with such unlawful enterprise or activity shall disqualify him or her for I Am Sai Network Partner and shall be denied. If, subsequent to approval of his initial application, an I Am Sai Network Partner is determined by I Am Sai to be operating, or engaging or participating in, an illegal or unlawful enterprise or activity, and if, upon notification and request by I Am Sai, such I Am Sai Network Partner refuses or fails to terminate his or her relationship with such illegal or unlawful enterprise or activity, then I Am Sai shall terminate such association, whereupon the I Am Sai Network Partner shall lose all the rights and privileges of an I Am Sai Network Partner.
- An I Am Sai Network Partner shall at all times conduct himself or herself in a courteous and considerate manner and shall not engage in any high-pressure selling, but shall make a fair presentation of I Am Sai Products and services and the I Am Sai Sales and Marketing Plan including, when and where appropriate, demonstrations of such products/ services/ plans. I Am Sai Network Partner shall never impose himself or herself upon his/her prospective customer and shall abide by the following: He/She shall provide the correct information and abide by RERA norms and not make any misrepresentation of the I Am Sai product / services. He/ She shall at all times carry identity card and the tool kit provided by IAMSAI. The I Am Sai Network Partner shall at all times makes a fair presentation of I Am Sai Products/Services.
- EMPLOYMENT RELATIONSHIP
I Am Sai Network Partners are independent direct sellers operating their own business and are not employees/agents of AWE-Struck Integrated Technologies Private Ltd. (AITPL) or its affiliated companies. No I Am Sai Network Partner shall represent that he or she has any employment relationship with AITPL or any of its affiliated companies and/or other Channel Partners / other network Partners/ Brokers. I Am Sai Network Partner shall not give a false representation as to the nature of the relationship between I Am Sai and its I Am Sai Network Partner, or make any representation except in accordance with the explanation given in the I Am Sai Network Partner Starter Guide or other I Am Sai Network Partner literature/brochure. I Am Sai Network Partner is required to indemnify I Am Sai for the cost of any damage or prejudice stemming from such false representation, including any legal fees I Am Sai may have incurred. I Am Sai Network Partner are independent I Am Sai Network Partner operating their own businesses. They shall not imply that they are employees of AITPL nor shall they refer to themselves as “agents,” “managers,” or “company representatives”, nor shall they use such terminology or descriptive phrases on their stationery or other printed material. Further I Am Sai Network Partner shall not use the address of any I Am Sai establishment, I Am Sai intellectual property or misrepresent their association with I Am Sai and its affiliates (I Am Sai Network Partner are urged to preserve the independent contractor relationship between themselves and their I Am Sai Network Partner. If they permit an employer-employee relationship to develop, Sponsors may find themselves liable for the acts of and injuries to their sponsored I Am Sai Network Partner. I Am Sai shall not permit any relationship between, or representations by, direct sellers which may impose employee liability on I Am Sai). I Am Sai Network Partner shall not use the I Am Sai Network Partner identification card to create the impression that there is a subordinate relationship with I Am Sai. This identification card issued to an I Am Sai Network Partner is to be used exclusively when the I Am Sai Network Partner at the time of approaching customers for sale.
- FRANCHISES AND TERRITORIES
No I Am Sai Network Partner shall represent to anyone that there are exclusive franchises or territories available under the I Am Sai Sales and Marketing Plan. No I Am Sai Network Partner shall represent that he or she or anyone else has the authority to grant, sell, assign, or transfer such franchises or to assign or designate territories. No I Am Sai Network Partner or Sponsor may state or imply that he or she has a given territory, nor that any other I Am Sai Network Partner is operating outside his territory. I Am Sai Network Partner have no territorial limits. They can operate anywhere within India.
- NON-I AM SAI SELLING ACTIVITIES
- An I Am Sai Network Partner can engage in other business/professional activity, but he/she must not use I Am Sai Network Partner/activities/events to promote his non I Am Sai business/profession and must not hard sell the same on other I Am Sai Network Partner. No I Am Sai Network Partner who personally sells products other than I Am Sai Products and services, who personally participates in any non- I Am Sai Network Partner activity and/or sells literature or sales aids not produced by I Am Sai or I Am Sai Network Partner will sell such products or services to another I Am Sai Network Partner or will induce another I Am Sai Network Partner to participate in any other non-I Am Sai Network Partner activity and/or to sell such products, literature, sales aids, or services to any I Am Sai Network Partner. Induce means to persuade (or attempt to persuade) another I Am Sai Network Partner (either personally or through a third party) to sell any product or service whether or not this is done to obtain revenues or for any other reason.
- This principle also applies to business aids developed privately by I Am Sai Network Partner in compliance with these Rules of Conduct.
- I Am Sai Network Partner may engage in selling activities related to non I Am Sai approved or non-I Am Sai products and services if they personally desire to do so, but they may not take advantage of an activity organised especially to promote I Am Sai Products/Services or I Am Sai, or any other I Am Sai Network Partner efforts or resources, or of their knowledge of, or association with, other I Am Sai Network Partner to promote and expand their non-I Am Sai businesses. To do so constitutes an unwarranted and unreasonable interference in the business of other I Am Sai Network Partner. This does not mean, however, that an I Am Sai Network Partner regularly engaged in the operation of other professional services may not serve clients or customers who are I Am Sai Network Partner and have sought them out, but it does mean that such I Am Sai Network Partner may not actively solicit the patronage of other I Am Sai Network Partner.
- I Am Sai reserves the right to terminate the remaining I Am Sai Network Partner authorisation as an I Am Sai Network Partner in the event that one partner of husband-wife partnership elects to resign his or her authorisation as an I Am Sai Network Partner and subsequently takes advantage of his or her knowledge of, or association with, other I Am Sai Network Partner to promote and expand his or her non I Am Sai business.
- Sound Business Practices: An I Am Sai Network Partner must operate his or her operations in a financially responsible, solvent, and businesslike manner. I Am Sai Network Partner shall not permit a non I Am Sai Network Partner to build / promote his or her I Am Sai business. In signing an I Am Sai Network Partner Application a I Am Sai Network Partner undertakes to I Am Sai that there is no legal bar or limitation on his or her ability to meet the legal obligations of an I Am Sai Network Partner, whether such obligations are to I Am Sai itself, to customers, or to other I Am Sai Network Partner. If there is an obstacle or limitation, the I Am Sai Network Partner must declare it. For example, if an undischarged bankrupt or an underage person applies for an I Am Sai Network Partner, I Am Sai may reject the application or, if I Am Sai discovers the disability, alter the I Am Sai Network Partner. If an I Am Sai Network Partner or any member partner in his or her Network files a petition in bankruptcy or has bankruptcy or winding up proceedings commenced against him or her, or has any assets seized by Court order or taken in execution of an unsatisfied judgment debt, the I Am Sai Network Partner must immediately inform I Am Sai. In such cases, I Am Sai reserves the right to terminate the I Am Sai Network Partner, or alter its terms of trading with the I Am Sai Network Partner, under no Circumstances I Am Sai or its affiliates be made party to such petition and in case if any the same will be the sole responsibility of I Am Sai Network Partner and I Am Sai or its affiliates will defend the same at the cost and consequences of the I Am Sai Network Partner with the choice of Advocate of I Am Sai and the Applicable fees and other expenses to defend will be borne by I Am Sai Network Partner.
- Manipulation of I Am Sai Network Partner and Marketing plan / Anti-Stacking: No I Am Sai Network Partner shall manipulate the I Am Sai Sales and Marketing Plan or manipulate sales volume in any way which may affect the reputation of I Am Sai and cause Damages
- Maintain Good Standing/Conform to Rules: Be an I Am Sai Network Partner in good standing and meet all I Am Sai Network Partner requirements as set forth in these Rules. An I Am Sai Network Partner shall not directly or indirectly indulge himself / herself in any wrongful activity, including but not limited to false complaints and issuing threats to I Am Sai or its personnel, which could have any adverse effect upon the I Am Sai business of another Network partner or on the reputation of I Am Sai.
- “Spamming” – Prohibits I Am Sai Network Partner from sending messages to persons whom they do not know. Unsolicited email messages: No I Am Sai Network Partner shall send, transmit or otherwise communicate any unsolicited email messages to persons with whom the I Am Sai Network Partner does not have a pre-existing personal or business relationship. (This includes, but is not limited to sending emails through newsgroups, purchased mailing lists, “safe lists”, or other lists of individuals or entities with which the I Am Sai Network Partner does not have a relationship).
- EMPLOYMENT POSTINGS
If an I Am Sai Network Partner responds to an employment posting for someone seeking an employment opportunity, they shall clearly state within the first paragraph of the response that they are offering a business opportunity.
- PRIVACY AND CONFIDENTIALITY
- Use of the I Am Sai Trade Name, Trademarks, and Copyrighted Materials Introduction The I Am Sai trade name, trademarks, and service marks are important and valuable business assets. They help identify the source and reputation of the I Am Sai business, products, and services worldwide, and distinguish them from those of competitors. Trademarks must be protected from misuse and infringement by others, or they can be lost. Each time a trademark or symbol is used improperly or is used by someone other than its owner, the value and importance of the trademark can be greatly diminished. Once a trademark is weakened or lost, it is impossible to regain its full value and importance. Therefore, I Am Sai makes every effort to protect its house trademark I Am Sai, its corporate logotype, label designs so that others cannot use them.
- I Am Sai will not allow use of its trade name (company name), trademarks (product names), designs, or symbols by any person, including an I Am Sai, without its prior permission. I Am Sai will issue cease and-desist orders to any persons using its trade name, trademarks, designs, and symbols without its permission and will, if necessary, follow with appropriate court action for failure to comply with a cease-and-desist order. If I Am Sai did not do this, I Am Sai network Partners would soon find the market flooded with “I Am Sai” products / Services not produced or served by I Am Sai or sold by I Am Sai network Partners. Obviously, I Am Sai Network partners would be harmed greatly by such competition. The rules set forth below have been developed to maintain the integrity of the I Am Sai trade name and trademark and to ensure that the name I Am Sai will be available exclusively for the I Am Sai Business. In addition, I Am Sai has implemented a corporate identity programme that requires the correct and consistent use of the I Am Sai corporate logotype, no matter where it appears. Therefore, no alterations to the approved logotype are allowed. Upon request, I Am Sai will provide an example of the approved logotype and colour specifications.
- FUND-RAISING EVENTS
I Am Sai Products and services are not authorised to be used in conjunction with any type of fund-raising activity. Fund-raising includes the solicitation for the purchase of I Am Sai Products or services based on the representation that all or a portion of gains, proceeds, or profits generated by such sale will benefit a particular group, organisation, or cause with the written permission of I Am Sai.
- IMPRINTED CHEQUES
- No I Am Sai Network partners who uses imprinted cheques can not use the I Am Sai logotype or trade name nor may he refer to himself other than as an I Am Sai network Partners on the cheques.
- The only authorised use of the I Am Sai name on imprinted cheques used by I Am Sai network Partners is either of the following: e.g. his Name along the I Am Sai network Partners
- I Am Sai network Partners network partner can only used stationery promotion material specially design for them and are allowed only to buy from I Am Sai stores
- No I Am Sai network Partners shall, without I Am Sai’s prior approval, produce any item bearing the I Am Sai name/logotype from any source other than I Am Sai
- COPYRIGHTED MATERIALS
- All I Am Sai printed material is copyrighted and may not be reproduced in whole or in part by I Am Sai network Partners or other persons except by prior written permission from I Am Sai.
- I Am Sai makes a claim to copyright for all its printed material in the market. This is done to prevent others, particularly competitors, from copying and duplicating I Am Sai literature which has been developed and printed at great expense and to assure I Am Sai network Partners that the promotional materials which they purchase and distribute to their customers is unique, attractive, and truthful. As in the case of trademarks and trade names, if I Am Sai did not exercise every effort to protect its copyrighted materials, I Am Sai network Partners might soon find the market flooded with “I Am Sai” literature which was not produced by I Am Sai and did not relate to products made and sold by I Am Sai. Accordingly, no person, whether an I Am Sai network Partners or otherwise, may reproduce any of I Am Sai printed material, in whole or in part, without specific written permission from I Am Sai . This includes text material, pictures, cartoons, diagrams, charts, maps, designs, and other printed materials.
- Any I Am Sai network Partners who violates be required to remove improper signs, destroy improper literature, cancel improper advertising, or change improperly listed telephone numbers. In case of improper telephone listings, I Am Sai may require the listed number to be changed to a new number with no calls to be referred from the listed number to the new number. Be denied the right to make any future use of the I Am Sai trademark or trade name. Have his I Am Sai network Partners terminated by I Am Sai. Be liable for money damages to I Am Sai for unauthorised use of the I Am Sai name, trademark, or logotype or Design of the goodie kit or any other design which I am sai may use.
- ZERO TOLERANCE POLICY
- ‘Zero Tolerance’ means not allowing any undesirable behaviour to continue and imposing definite sanctions against I Am Sai network Partners found indulging in such adverse conduct. The I Am Sai Zero Tolerance policy covers issues which can lead to potential reputational risk for I Am Sai thereby affecting the business at large. This policy underlines that I Am Sai will not overlook any violation of the policy and no leniency shall be shown in dealing with an I Am Sai network Partners who is found to be in violation of this policy.
- Consequences of noncompliance – This is a Zero Tolerance policy. Those who fail to comply or who have shown a disregard for the policy may be subject to one or more of the following actions: a) Suspension of business activities (which may include commissions) Non-acceptance of the I Am Sai network Partners Renewal Form. b) Termination of their I Am Sai network Partners Business.
- Social Media Policy – Definition of Social Media Social Media is an umbrella term that describes websites and online tools that people use to connect and interact online with other people and share content, profiles, experiences, opinions and media. These tools include blogs, message boards, podcasts, video and photo sharing sites, micro blogs, online communities and wikis. This Policy does not change the current rules or principles but is intended to help I Am Sai network Partners apply them to social media interactions. I Am Sai network Partners desiring to use Social Media for their I Am Sai network Partners Business should review all rules of conduct particularly the Website Rules and Guidelines, and adhere to the same.
- Create an individual Social media profile. Enhance the profile by adding personal information and posting pictures. Connect with family, friends and acquaintances.
- Remember to maintain privacy settings to friends or friend of friends. Use Social Media to communicate with those downline and upline as appropriate. Maintain appropriate privacy settings.
- Make new friends online. Be transparent, authentic and honest. Be truthful and accurate at all times. Self disclose your affiliation with I Am Sai network Partners if you intend to discuss the business on your page.
- Share positive experiences about I Am Sai products/ services and the I Am Sai business. Treat people with respect and courtesy as you would have them treat you. Offer participation, support and feedback. The conversation should take place much like it would in person.
- When approaching others or entering the conversation, interact positively, be relevant and credible. Connect with I Am Sai online, join official sites and share posts, videos and photos posted by I Am Sai with your teams, customers and prospects. Remember what you say reflects upon your and I Am Sai reputation.
- Do not create pages, websites, accounts or other online avenues to sell products . Do not prospect or ‘cold’ contact in regards to sponsorship. The same rules that apply to online prospecting apply to your efforts in establishing customers online. If someone contacts you online and expresses a desire to buy or learn more about the business, contact them privately through chats, messages or email. Do not offer discounts or special promotions not offered by I Am Sai. Do not spam or broadcast using social media. Do not create fake I Am Sai brand identities. When it comes to naming your page, you are not allowed to use I Am Sai Network partner trademarks or trade names. We suggest you use your full name. People who search for you online are more likely to remember and use your name than some clever name for your site Do not use I Am Sai logos, brand images, photographs and copyrighted text including product literature etc without prior permission from I Am Sai or misrepresent I Am Sai in any way . Do not make claims about I Am Sai that are false, misleading or incorrect Do not upload photographs / videos / content related to I Am Sai Business, events or products that are not authorised by I Am Sai , false, misleading or incorrect. Do not upload content of other I Am Sai network Partners or your that have not been approved by I Am Sai . I Am Sai network partner conduct and activities while using the Social media for their I Am Sai Business is governed by the Rules of Conduct and the above pol icy, which are subject to change from time to time.
- You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and for business purposes. You will not use the leads given to you for any other purpose other than for business use and only legal and authorised used and maintain a protocol when you use these leads. We shall neither be liable nor responsible for any actions or inactions of Leads nor any breach of conditions, representations or warranties by the developer / builder of the property and hereby expressly disclaim and/or any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the developer / builder of the projects of the leads you have used.
- We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the leads and the properties of the builder developers are transacted or the content on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with I Am Sai nor shall I Am Sai have any obligations or liabilities in respect of any transactions on the website.
- INDEMNITY AND RELEASE
- You hereby expressly release I Am Sai and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- E-PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the website is an online platform that enables you to purchase packages listed on the website at the price indicated therein at any time from any location.
- ACCESS TO IAMSAI.IN
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
- YOUR CONDUCT
- You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not www.iamsai.in, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam to cause annoyance, inconvenience or needless anxiety.
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
- Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false email address, impersonates any person or entity, or otherwise misleads as to the origin of any content. I Am Sai reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of I Am Sai violates these Conditions of use and, or terminate your permission to access or use this website.
- If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant I Am Sai and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- (b) I Am Sai and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
- You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to I Am Sai, including the execution of deeds and documents, at its request.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to www.iamsai.in: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable www.iamsai.in policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify I Am Sai and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
- CLAIMS AGAINST OBJECTIONABLE CONTENT
It is not possible for us to be aware of each comment or review that is displayed. Accordingly, www.iamsai.in operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately, I Am Sai.in will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
- COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS
- All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of I Am Sai, its affiliates or its content suppliers and is protected by India authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of I Am Sai and its affiliates and is protected by laws of India and and database right laws.
- You may not systematically extract and/or re-utilise parts of the contents of the website without I Am Sai and / or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without I am Sai and / or its affiliate’s (as may be applicable) express written consent. You may also not create and/or publish your own database that features substantial (e.g. prices and product listings) parts of this website without I Am Sai and / or its affiliate’s (as may be applicable) express written consent.
- INTELLECTUAL PROPERTY CLAIMS
I Am Sai and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please intimate us immediately.
Use of www.iamsai.in is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you must not use I Am Sai .in
- OTHER BUSINESSES
Parties other than I Am Sai and its affiliates may operate stores, provide services, or sell product lines on www.iamsai.in. For example, businesses and individuals offer products via Marketplace. In addition, we might provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. I Am Sai does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
When you visit www.iamsai.in, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by email, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
- ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
- EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Mumbai.
- I AM SAI SOFTWARE TERMS
- FORCE MAJEURE
“Force Majeure” shall mean an event beyond the your control or control of I Am Sai (e.g., the death, default, incapacity or your disability or disability of the Company, an act of God, a labour dispute, strike or lockout, or a pandemic outbreak or other similar event) that, as determined by I Am Sai in its reasonable good faith discretion, (i) causes an interruption or suspension of or materially hinders, interferes with or delays your timely performance in accordance with this Agreement/ Contract or any of your obligations hereunder, or (ii) interferes with I Am Sai’s ability to perform its obligations hereunder. Upon the occurrence of any Force Majeure, I Am Sai will have the right to terminate this Agreement /Contract with immediate effect.
- CONFIDENTIALITY OF INFORMATION
During your term with I Am Sai or at any time thereafter, except in the course of performance of your duties, you shall not use, divulge or disclose any information to any person, association, agency or Company, any of the information/secrets concerning the affairs of and/or the business of I Am Sai, which you may have acquired incidental to or in the course of your association with I Am Sai. You will not at any time, without the consent in writing of I Am Sai during the term of your association with I am Sai, or after the termination of association with I Am Sai, or otherwise make known or divulge in any manner whatsoever, any information which, while in association with I Am Sai you have acquired as confidential secret information concerning the technical processes, patents, transactions, finances or affairs of I Am Sai. In addition, you shall be bound by the decision of I Am Sai in regard to publications written or otherwise of any work with which you may be associated. It is, however, mutually agreed that this undertaking shall in no way affect your right to make use of general knowledge available in the public domain which you may have acquired while in association with the Company.
- DISPUTE RESOLUTION
This will be governed by the laws of India. Any dispute arising out of or in connection with this association as an I Am Sai network partner, including any question regarding its existence, validity, interpretation or termination, must be raised by concerned party by issuing a notice in writing to that effect. If the dispute is raised by the I Am Sai network partner, the said notice shall be addressed to the Dispute Panel. Upon issuance of written notice as aforesaid, the Parties shall negotiate in good faith with a view to amicably resolving the dispute. If such dispute remains unresolved for a period of fifteen (15) days from the date of issuance of the notice, the dispute shall be referred to and finally resolved by arbitration before a sole arbitrator to be mutually agreed by the Parties in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai and the arbitration proceedings shall be conducted in the English language. Subject to arbitration as aforesaid, Courts at Mumbai shall have exclusive jurisdiction with respect to all matters arising out of or in connection with this letter/Agreement. For avoidance of any doubt, Dispute Resolution and Arbitration Clause shall survive expiry and/or termination of this letter/Agreement. The parties are to share costs and the arbitration costs equally. Each party shall be responsible for its own attorneys’ fees. All arbitration proceedings and the issues raised before Dispute Panel shall be confidential and both the parties are under an obligation not to disclose to the public, any of the records relating thereto and shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award, or as required by law.