Rules Of Conduct
1.Policies, Procedures & Rules of Conduct
The rules and regulations herein seek to spell out the rights, duties and obligations of the Direct Sellers of K-LINK Healthcare India Pvt. Ltd. in course of carrying out their business with the company. The stipulated rules are also intended to promote understanding and harmony, not only between the Company and the Direct Sellers but also between the Direct Sellers in turn.
The Policies and Procedures, Rules and Regulations and Code of Ethics as stated below will govern the day-to-day business operations of K-LINK Healthcare (India) Pvt. Ltd. vis-a-vis a Direct Sellers. The entire understanding between the Company and the Direct Sellers is reflected by these policies and procedures along with other documents that a Direct Sellers is required to execute like the Direct Sellers application form, the products, plans & package details and the terms and conditions thereon.
The rules and regulations of K-LINK are set not to restrict the freedom of the Direct Sellers but to safeguard their interest, rights, benefits and to instill responsibilities. Direct Sellers should understand that by complying with the Policies and Procedures and Rules of Conduct, you demonstrate that you are a responsible and an ethical person. Conversely non-compliance will result in the damage of his/her own reputation and of the Company.
All Direct Sellers are very much advised to acquaint themselves with the rules as they are expected to abide by them diligently at all times. The Company must caution that a Direct Sellers who violates the rules or any term thereof may have his Direct Seller ID terminated or cancelled by the Company. The Company also reserves the right to change the Rules, Wholly or partly as and when the Company deems proper and necessary.
To become an independent Direct Sellers and introduce various other people to the K-LINK Healthcare, building network to market the products are totally optional to a Direct Sellers. He/she is under no compulsory obligation to do so. An independent Direct Sellers must, therefore, clearly understand that he/she refers further Direct Sellers to K-LINK Healthcare solely for his/her own benefit and such benefits accrue to him/her at no extra cost paid by him/her to K-LINK Healthcare.
These policies and procedures are drawn up by K-LINK Healthcare to be effective from 1st of September, 2003 and the K-LINK Healthcare reserves its absolute right to issue additional procedures, guidelines, brochures and literatures and may also alter, modify or withdraw any such existing procedures, guidelines etc., as may be required and deemed necessary by K-LINK Healthcare from time to time. A Direct Sellers, therefore, shall have no objection whatsoever for the above additions, alterations, modifications, introductions and changes. Some of the changes, modifications etc., may also become necessary in course of time to confirm and comply with various directives, guidelines etc., prescribed by various authorities and also the laws promulgated by any relevant regulatory authority in India. K-LINK Healthcare, however, would give proper notice to the Direct Sellers in respect of any such future change, amendments etc., in the Policies, Procedures and terms and conditions.
K-LINK Healthcare always presumes and a prospective Direct Sellers always confirms that before he/she expresses his/her desire to become a Direct Sellers of K-LINK Healthcare, he/she must read and clearly understand the policies, procedures and the terms and conditions etc., of the K-LINK Healthcare governing his/her Direct Sellers ID.
2.Product Quality Guarantee
K-LINK is committed to provide quality products at low cost. The Company shall replace defective or damaged products sold to Direct Sellers or customers. However, this guarantee does not cover tampered, contaminated, misused or expired products, so long as the customer produces sufficient evidence. K-LINK will meet the demand for replacement of products. However, the customer must present the purchase receipt along with the returned goods to the Direct Sellers from whom he/she had purchased the products who in turn will submit the returned goods together with the original receipt and the duly filled form to the Head office.
3.Product Guarantee and buy Back Policy
• K-LINK guarantees retail Customers and Direct Sellers a refund or replacement of products sold within a period of 30 days from the date of purchase if the customer/ Direct Sellers is not satisfied with product or it is found defective due to manufacturing.
• According to the product guarantee, the appointed Direct Sellers who receive any defective goods have to return the goods to the head office. Depending on the situation a decision shall be made by the head office to refund or replace the goods.
• The following chart depicts the line of responsibility for our product guarantee: Customer > Direct Sellers > Leader in Manager & above rank > K-LINK.
• K-LINK’s product guarantee and buy back policy takes effect from the date of purchase by the Direct Sellers for a valid period of 30 days. Beyond this period the Company bears no responsibility.
• Upon request of refund for the returned goods, the Company shall deduct the taxes and duties paid for the product and refund the balance amount to the Customer or Direct Sellers.
4.Applictaion of New Direct Seller
• An applicant holding Indian citizenship of age 18 years and above are eligible to apply for New Direct Seller.
• An applicant who wanted to become a K-LINK Direct Seller, should start their registration through online as “Registration” after accepting the Rules and Regulations, Polices and Procedures and Code of Ethics of K-LINK Healthcare India Pvt. Ltd., and will abide by them.
• The Company has the right to reject any application without any explanation.
• K-LINK Direct Sellers are not employees, agent or representatives of the Company.
• The applicant’s sponsor must be an existing Direct Sellers of the Company.
• The right to the Direct Seller ID solely belongs to the Direct Sellers and should not be shared with any other person except his/her spouse.
• All applicants must upload all documents (ID proof, Address proof, & Bank details to the company for processing/ Enrolment in online registration).
• Should an applicant decide not to pursue the Direct Seller IDhe/she may write a letter to the Company for processing appropriate action.
5.Method of Purchase
• Direct Sellers must purchase K-LINK’s product from the Company/ MasterRetailers / Retailers / Retailers Outlet / Mobile Retailers / Mobile App Shopping.
• All transactions should be paid by DD / Cash/ card payment/ Net transfer/ UPI payment. Direct Sellers must demand a receipt for their purchase.
• Direct Sellers are not allowed to sell or distribute K-LINK’s products overseas, unless prior written approval is obtained from the Company.
• The Company does not sell its products to non K-LINK Direct Sellers.
• The company shall fix all retail prices of K-LINK products.
• Direct Sellers must not engage in under cutting or overcharging of PRICE to the Customers. This is an unethical conduct and the Company reserves the right to terminate the Direct Seller ID or take legal action against the offender.
• A Direct Sellers must not organize his / her own sales promotion or make special offers for products unless written approval has been obtained from the Company.
• A Direct Sellers must not sell the product with expired shelf life.
7.Direct Sellers Code of Ethics
Every Direct Sellers who launches his / her direct selling business in K-LINK should abide by the K-LINK’s Direct Sellers Code of Ethics that aims to establish or enhance the reputation and image of the Company.
K-LINK reserves the right to terminate the Direct Seller ID if any Direct Sellers found to breach its Code of Ethics or violate from the adherence to its Policies & Procedures and Rules & Regulations.
8.K-LINK’s Code of Ethics
• A Direct Sellers must strictly abide by the principle of honesty, trustfulness and etiquette & to promote a culture of love and care adopted by K-LINK and to realize the Company’s vision as reflected in our motto – "Your Global Link”.
• A Direct Sellers should not resort to unethical means in conducting direct sales and from damaging the company or its Direct Sellers.
• A Direct Sellers shall not in any manner solicit any business from a prospective purchaser to whom another Direct Sellers of the Company is Marketing or is already in negotiation. If such facts come to the knowledge of the company, the benefits of the efforts & defaulting Direct Sellers would be automatically transferred to the original Direct Sellers who has first approached the customer. Any Direct Sellers in this regard cannot dispute the decision of the Company.
• A Direct Sellers must be sincere when presenting K-LINK’s Marketing Plan to friends and be committed to achieve sales target.
• A Direct Sellers should not criticize or pass slanderous remarks on other Companies or Direct Sellers.
• A Direct Sellers must be loyal to the Company.
• A Direct Sellers must abide by the retail price set by the Company and should not resort to price undercutting for achievement of personal benefits.
• It is forbidden to use the Company’s resources to conduct any business that competes with K-LINK.
• Be committed to the image building of K-LINK and strive to fulfill the needs of customers and associates in order to achieve customer satisfaction with the Company and its products and services.
9.Responsibility of the Direct Sellers
• A Direct Sellers is not allowed to use the word ‘Employee’ or ‘Agent’ of K-LINK in his/her personal printed materials.
• A Direct Sellers is not allowed to claim that he/she owns or has the right to Direct Sellers ID to any region.
• A Direct Sellers must keep a record of his/her annual report to the Income Tax department and pay own Income Tax.
• A Direct Sellers must not stock up inventory for the purpose of gaining his / her bonus or promotion.
• Upon closing a transaction, the Direct Sellers must present a receipt to the customer.
• Direct Sellers must foster friendship and harmony among each other and help to promote the Culture of Loving and Caring.
• A Direct Sellers should not participate in any other similar competitive business, which may attract appropriate disciplinary action by the company.
10.Responsibility of a Direct Sellers in Promoting Products
• A K-LINK Direct Sellers must be honest in promoting K-LINK products and marketing plan and must not resort to profiteering.
• A K-LINK Direct Sellers must explain clearly to his/her customers that the Company’s marketing plan is based on the sale of products and does not depend on unrealistic means to profiteer. Hence a Direct Sellers must work in promoting the sale of the products in order to make profits and develop a visible sales network.
• A Direct Sellers must not alter the contents of K-LINK product catalogue and misrepresent the specifications or overstate the value and quality of any product. A Direct Sellers shall be held responsible and must compensate to the Company for any damage to its reputation or financial losses arising from the legal actions taken on such malpractices.
• A Direct Sellers must promote K-LINK products according to the Company’s written specifications. He/she is not permitted to amend or overstate the facts.
• A Direct Sellers MUST NOT CLAIM OR ADVERTISE the K-LINK products as MEDICINES which can treat or cure any disease and any one found doing so will be terminated.
11.Product Display and Packaging
• A Direct Sellers is not permitted to repack or add trademarks to K-LINK products.
• K-LINK products must be sold in its original packaging.
• A Direct Sellers is not permitted to sell or display K-LINK products and products literature in any Retail Outlets or Stalls.
• A Direct Sellers must not display or sell its products at any exhibitions or trade fair without written approval from the Company.
• The calculation of Bonus payment is based on the Business value (BV) of K-LINK products.
• The Bonus payment shall be paid to the Direct Sellers on the 1st week of the following month.
• Any payment of commission to a Direct Sellers would be subject to deduction of tax at source at applicable rates as per applicable laws for the time being in force.
• Since the Marketing Plan of the Company is subject to change at the discretion of the Company, the commission payable to a Direct Sellers may, therefore vary. If any changes effected by the Company in between, the Direct Sellers shall not have any objection to that.
• A Direct Sellers, on receipt of the commission statement, must verify the accuracy of the statement and in case of any discrepancy must bring to the notice of the Company within two days from the receipt of the commission.
• All purchase receipt that does not bear the correct ID number of the respective Direct Sellers will not be included for the monthly Bonus calculations.
• The Bonus amount will be transferred to their bank account given by Direct Sellers.
13.Advertisement and use of Trademarks
• A Direct Sellers is not allowed to advertise K-LINK products or its Marketing plan without written approval from the Company.
• A Direct Sellers is not allowed for private use of the name and registered trademarks of K-LINK products or any symbols representing K-LINK or its product except for the printed material provided by the Company.
• When a Direct Sellers ID is terminated or cancelled, he/she must stop using K-LINK business name, trademarks, logos, symbols or any printed material of K-LINK products.
• A Direct Sellers is not allowed to change sponsor.
• A Direct Sellers is allowed to maintain only ONE account. The Company has the right to cancel any other account maintained by the Direct Sellers.
• Direct Sellers who voluntarily surrenders his/her account can reapply to be a Direct Sellers again after 6 months only (which will be entertained by the Company only after proper review at company’s discretion).
• The spouse of a Direct Sellers can be a Direct Sellers. The sponsor must be his wife or her husband and not allowed to be sponsored in other groups.
• If two Direct Sellers get married, they can select to
1.Maintain their respective groups of downlines independently.
2.Give up one of the Direct Seller ID to jointly operate as a single Direct Seller. In this case the abandoned group of down lines will continue with its original place of operation.
• In the event of divorce a joint Direct Seller ID will then be settled in accordance with their divorce agreement or the court’s ruling.
• If any Direct Sellers is found to violate any of the above Sponsorship Rules, K-LINK will seek appropriate action to transfer the benefits to the other Direct Sellers (in case of joint Direct Seller ID under sub-Rule 5.b. or sub-Rule 6 above) or to his/her up lines (in case of singular Direct Seller ID).
15.Transfer or Sales of Direct Seller ID
K-LINK does not Allow/Permit the transfer of sales of Direct Seller ID in any form to prevent Direct Sellers from seeking personal benefits.
16.Cancellation/Termination/ Death of Direct Sellers
• If a Direct Sellers does not purchase 100BV worth of products (in a single purchase in any calendar month) within a period of 12 months, his/her Direct Seller ID will be automatically cancelled. A new application is required if he/she intends to continue his/her Direct Seller ID.
• Any Direct Sellers who does not comply or who violates any Policies, Procedures, Rules and Regulations, Code of Ethics, K-LINK reserves the right to terminate or cancel his/her Direct Seller ID and seek compensations through legal actions.
• A Direct Sellers may write or notify his/her intention to withdraw his/her Direct Sellers. In this case, his/her down lines will be automatically transferred to his /her sponsor.
• A Direct Sellers who voluntarily surrenders or is terminated by the Company may reapply for Direct Seller ID, 6 months later. The company reserves the right to approve or reject the application.
• A Direct Sellers who has surrendered his/her own Direct Seller ID is not allowed to engage in any direct selling activities of K-LINK for six months.
• Upon termination or cancellation of Direct Seller ID, a Direct Seller is no longer entitled to any privilege or benefit that he/she enjoyed previously from K-LINK.
• A Direct Sellers who is previously terminated and successfully reapplied to be a Direct Sellers will no longer be entitled to the rights and benefits of his/her previous down lines. He/she has to redevelop a new network.
• In the event of death or disability of a Direct Sellers which prevents the Direct Sellers from performing his Direct Seller ID duties, K-LINK will transfer his/her network and all benefits to the person appointed by him/her as the legal beneficiary.
• A Direct Sellers will be terminated if he/she fails to tender the company in time the orders obtained and the payments collected from prospective purchasers/ Direct Sellers.
• A Direct Sellers will be terminated if any incorrect representation or warranty made or given by him/her which in the opinion of the company is prejudicial to the interest of the company.
• A Direct Sellers will be terminated if he/she is adjudicated as bankrupt or convicted for criminal charges.
• A Direct Sellers will be terminated if he/she breaches the company’s policies and procedures and the Code of Conduct.
• A Direct Sellers will be terminated if he/she engages directly and/or indirectly in any business activity that competes or conflicts with the interest of the company.
• A Direct Sellers will be terminated if he/she collaborates in any manner with any competitor or adversary of the Company.
• The Direct Sellers in violation or default shall be issued a "show cause letter” & such Direct Sellers will be given fourteen (14) working days to respond to the allegations / charges against him and explain his / her position. If the Direct Sellers fails to respond within the stipulated time or if his/her explanation is found unsatisfactory, the Company shall take appropriate action against him/her including termination of his/her Direct Seller ID and other legal remedies as the Company may be entitled to. Upon termination of this Direct Seller ID the Direct Sellers shall forthwith.
• Cease to procure any order for the products of the company and refrain from transacting any business on behalf of the company.
• Pay all sums collected from the prospective purchasers to the Company, deliver the products to all purchasers for whom the Direct Sellers has collected the product from the company for onward delivery. Pay the company all claims and damages as may be legally payable by the Direct Sellers.
17. In the Event of Termination of Direct Seller
• The Company shall in addition to any other rights or remedies whatsoever, be entitled at any time and from time to time at its absolute discretion, publish or cause to be published in any one or more newspaper any number of notices on such manner as the Company shall consider appropriate, revoking the Direct Seller ID.
• The costs and expenses of any such advertisement or notices shall be recoverable from the Direct Sellers as a debt and payable to the company provided always that not such publications or notice shall discharge, diminish, or affect any manner the Direct Sellers liabilities to the Company. In the event of termination the terminated Direct Sellers agrees to immediately cease to be a Direct Sellers of the company and the terminated Direct Sellers downlines will roll up to his/her immediate upline. On termination, any commission if payable by the company to the Direct Sellers would be paid to the Direct Sellers as a net of all claims of the company and only against the submission of ‘NO CLAIM’ confirmation letter from the Direct Sellers.
In the event the K-LINK does not exercises its rights in time to act on Policies, Procedures, Rules, Regulations and Code of Ethics, it shall not constitute waiver for rights to act. Only a written notice from the Company to a Direct Sellers constitutes waiver of rights to pursue the matter.
• The Company reserves the right to resolve in any way it deems fair and just any dispute arising between two Direct Seller's.
• In the event that two Direct Sellers claim to be the sponsor of a new Direct Seller's the first application received by the Company shall be considered the legitimate application.
• The Company does not approve of ‘Poaching’. ‘Poaching’ refers to the recruitment of Direct Seller's from another group or sponsoring the spouse of a Direct Seller's who belongs to another group.
20.Invalidity / Severability
If any provision or undertaking of this document is declared void, voidable, bad at law or otherwise unenforceable or indications of that effect are received, the Direct Sellers agrees that such provision or undertaking may be amended in such reasonable manner so as to achieve the intention of the parties hereto or it may be severed from this document.
The invalidity or unenforceability, in whole or in part, of any provisions, terms, or conditions shall not affect the validity or enforceability of the reminder of such provisions, terms & conditions or of any other provision.
Any further Directive, Rules, Policies or Procedures which may be issued by the Company from time to time shall be deemed to have been sufficiently given to and served on the Direct Sellers by the Company by placing a copy of such Directives, Policies or Procedures on the Notice Board at the Company’s Principal Office and shall be read together with and deemed to be part of the Policies & procedures and any breach thereof shall be deemed to be a breach of the Policies & Procedures.
A Direct Seller permanent address will be their registered address. For all-purpose the communication address of the Direct Seller would be the address for communication. Direct Sellers are expected to provide their e-mail ids to enable the company to send communication via e-mail services. Direct Seller is required to intimate the company promptly any change in the registered address, communication address, phone number or email id.
The Company reserves the right to add, delete or amend without prior notice the above rules as and when deems appropriate or necessary.
23.Time & Payment
Time wherever mentioned herein and payments shall be deemed to be the essence of the understanding between the company and Direct Sellers.
The Direct Sellers hereby agrees, confirm and covenant that
Strict confidentially shall be maintained by him/her with regard to the information received in respect of the company including its products, marketing and other strategies, other Direct Sellers, other business associates of the company. During the term of his/her Direct Seller ID with the company and one year thereafter not to engage in such relationship, occupation or any other business activities which is directly related to similar business in which the company is now involved or becomes involved during the term of his/her Direct Seller ID, nor will be engaged in any other activities which conflicts, with his/her obligations with the company. He/she shall also not involve himself/herself during the term of his/her Direct Seller ID and one year thereafter in any activities, which would amount to competition to the business of the company or help in any manners the competitor(s) of the company. During the term of his/her Direct Seller ID with the company and one year thereafter he/she will not, without the company’s expressed written consent either on his/her own behalf or on behalf of another (1) contact or solicit employees of the company for the purpose of hiring them (2) hire company’s employees or (3) solicit business for any competitors of the company.
In these policies & procedures, where the context so admits:
1.Words importing the masculine gender shall include the feminine and vice versa.
2.Words importing the singular number shall include the plural number and vice versa.
3.Unless repugnant to the context the word COMPANY shall mean K-LINK Healthcare (India) Pvt. Ltd.
26.The Direct Seller Covenants to the Company to
• Study and comprehend the product Manual, Policies and Procedures and other Terms & Conditions governing the Direct Seller ID and business of the company.
• Encourage and ensure that all Direct Seller's sponsored by him/ her and his/ her downlines to do the same and to assist and guide them.
• Be conversant with the rules & regulations of the Company to explain details of the operational process to prospective purchasers / Direct Seller's to enable them to make an informed decision.
• Present the company product and business opportunity ethically and professionally without misleading or exaggerating or misrepresenting.
• Inform the customer of the rights and benefits attached to the purchase of the products.
• Maintain strict confidentiality with regard to information received from purchasers / Prospective Direct Sellers.
• Not to use the Company’s Name Logo, stationery, premises etc for any purpose other than for the promotion of the Company’s business as permitted by the company.
• Indemnify and keep indemnified the Company against all claims, actions, proceeding damages, costs, expenses and any other loss arising from any omission, negligence, default or misconduct etc., of the Direct Seller's.
• Abide by and adhere to the Policies and Procedures, Code of Conduct and Ethics & Direct Selling Guidelines 2021.
27.Interpretation and Governing Law
The policies and procedures of the company are to be construed and interpreted in accordance with the laws of the Union of India.
Any dispute arising between a Direct Seller and the Direct Seller's Entity in respect of the company’s policies and procedures, Terms and conditions of the Direct Seller ID or any other activity of the Direct Seller Entity shall be resolved under the Indian Arbitration and condition Act, 1996 by a sole Arbitrator to be appointed by the company. The award given by the sole Arbitrator shall be final and binding on both the parties. The arbitration award shall be in English language and the Arbitration proceedings would be held at Chennai. The courts in Chennai alone shall have competent jurisdiction.
Direct Sellers are expected to provide their e-mail ids to enable the company to send communication via e-mail service.a
I have read the Rules and Regulations, code of Ethics, policies and procedures of K-LINK & Direct selling guidelines 2021 (www.consumeraffairs.nic.in) and understood the same clearly. I hereby agree to abide by the code of ethics of Direct Sellers, Rules and Regulations, policies and procedures & Direct selling guidelines 2021 as set forth in this form or amended by K-LINK vide any circular that may be circulated from time to time.