THIS AGREEMENT is made between you and Cashbeez (hereinafter referred to as "Cashbeez" or “Us” or “We”) and YOU (hereinafter referred to as “applicant” or "user" or “end user” or “customer”), and is dated for reference purposes as of today.
The Moral Digital Media Private Limited (in short “Cashbeez”) is a company duly incorporated under the Companies Act and engaged in its lawful business, which is hereinafter referred as “Company”. The applicant / Customer / User / end user must be an Indian Citizen and completed the age of 18 years. The applicant must be eligible / competent to enter into an agreement for obtaining the Independent Representative of the company. The applicant must be capable of holding mental ability and of sound mind. The applicant must not be declared insolvent by the court. The applicant must not be convicted by any court of law.
Cashbeez is a mobile application that operates in India. Cashbeez generates, among other things, reports for its clients as per campaigns created by them/us and tasks completed by end users. Cashbeez may also audit findings, using varying methods such as on-site visits, telecommunication, web-based and intercept interviews. The reports that are generated from the programs we develop are provided to our clients for the purpose of determining operational successes and opportunities for improvement in such areas as service, sales, product presentation, facility maintenance, and other specifics of the clients operations and personnel.
Any applications submitted by end users to perform/ submit/ complete or incompletely submit assignments or tasks and relevant/ applicable reports for these assignments or tasks for and under the guidance of Cashbeez or its direct clients; and, WHEREAS, Cashbeez and end user seek to reduce to writing their respective rights and obligations arising out of their intended independent contractor relationship; NOW, THEREFORE, the parties hereto agree upon the following:
1. INDEPENDENT CONTRACTOR'S STATUS
This Agreement contemplates the creation of a relationship of independent contractor by and between Cashbeez and end users; with User as Contractor, and Cashbeez as Contractee. Nothing herein is intended to create, nor should be construed as creating, the relationship of employer and employee.
Upon fulfilling all the stipulated conditions for obtaining the Independent Representative of the company, the company shall have complete discretion either to accept or reject the application form of the applicant.
After acceptance of the application of the applicant, for Independent Representative, by the company, the applicant shall have the opportunity to introduce other interested and prospective Independent Representatives with the company.
Mere acceptance of this application form of the applicant, for obtaining Independent Representative, by the Company or obtaining Independent Representative of the Cashbeez company shall not entitle the applicant/Independent Representative for any salary, commission or remuneration and it also shall not make the applicant/Independent Representative its employee, agent or legal representative of the company.
The applicant, after obtaining the Independent Representative, shall develop/promote the business/product of the company in the most efficient manner and shall also assist his/her other down line Independent Representatives.
The business of Independent Representative shall be his/her own business and he/she shall bear all the expenses and operational costs including expenses incurred in the process of purchasing, retail selling and promotion of the products, taxes w.r.t. running of his/her business and he/she shall not have any right, whatsoever, to claim the same from the company..
The Independent Representative shall abide by the rules, regulations and policies of the company.
The Independent Representative ship may be revoked by the company without assigning any reason and in that case, the Independent Representative shall have no right to claim compensation whatsoever from the company.
The applicant, after obtaining the Independent Representative ship of the company, shall not induce any other person or prospective Independent Representative for purchasing the product or obtaining the Independent Representative ship of the company by making any false representation or statement.
In case the Independent Representative makes any false representation or statement to public general or prospective Independent Representative regarding the product and business of the company, then such Independent Representative shall be liable for such act(s)/wrong(s) done by him/her and the company shall not be liable for any such act/wrong done by that Independent Representative.
The applicant shall not use any trade mark or business sign of the company without written permission of the authorized persons of the company in this regard.
The Independent Representative shall not misappropriate any financial transactions, property (moveable or immoveable) as the same belongs to the company.
The Independent Representative shall not make any false income claim, any income or other representations or statements about Business plan of the company or its product to general public or prospective Independent Representatives or any other person.
Project opportunities are offered by varying means on an as needed, rotating basis. User may choose to accept or reject any proposed project. You agree and understand we have the option and choice to ask for your services as an independent contractor in performing said services, or not. You, in turn, have the right to accept or not to accept any project posted. User also understands that Cashbeez may share your details (partial/complete) with organizations whose tasks they complete in order to reward them.
User's earnings or rewards for tasks completed shall be based solely on the number & quality of acceptable reports received by Cashbeez from its clients (advertisers). Cashbeez is not liable for rewards lost or not credited in users wallet due to internet connectivity issues, bugs in the Cashbeez system or any other factor.
Reward amount or money credited to user in the Cashbeez wallet will also expire incase of 90 days of inactivity, in other words if a user doesn’t visit Cashbeez app at least once in 90 days then the user will be considered inactive and all amount in the wallet will expire.
Mobile recharges or other rewards redeemed by users are completed using a third party application. Cashbeez is not responsible for failed or unsuccessful recharge transactions and repayment of the same.
3. LIMITATION OF AUTHORITY
User shall have no authority to bind, obligate, or commit Cashbeez in any manner, including by any promise or representation, whether oral or written, unless specifically authorized by Cashbeez in writing.
In the event any dispute, arbitration, or litigation arises out of, in connection with, or as the result of any act performed by User pursuant to this agreement, or failure to perform, as the case may be, User shall cooperate fully with Cashbeez in an effort to resolve same. User agrees to indemnify and hold Cashbeez harmless of and from any and all claims, demands, suits, and liabilities, including costs and attorney's fees, to which Cashbeez may be subjected by reason of or in connection with any proceeding arising out of the conduct or omissions of User. It is the policy of Cashbeez to avoid litigation whenever possible but the decision whether or not to enter into or maintain litigation shall be the decision of Cashbeez alone. This obligation shall survive the termination or expiration of this Agreement.
Cashbeez will provide User with instructions and forms designed to assist User in completing a task for Cashbeez, all of which shall remain Cashbeez's property.
User will not, on behalf of himself or any third party, employ, or seek to employ any person employed by or engaged by Cashbeez and its team around the world, or otherwise directly or indirectly induce such persons to leave their employment or independent contractor position thereat.
7. CONFIDENTIAL INFORMATION
While User is working for Cashbeez, and thereafter, User will hold in the strictest confidence, maintain as confidential, and not disclose to any third party, the following:
Any and all information concerning Cashbeez's present or former customers, including their names and identities, locations and addresses, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by Cashbeez to its customers;
Any and all information concerning Cashbeez's employees and representatives, as well as any information designated orally or in writing as confidential by Cashbeez regarding Cashbeez's sales methods, plans, and records, Cashbeez's collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by Cashbeez as a trade secret or otherwise protected from disclosure under applicable law. User may, in accordance with the foregoing, use such information solely as necessary in User's work for Cashbeez.
Either party may, at any time, terminate this Agreement for any reason or for no reason at all. However, each shall continue to comply with any and all obligations of this Agreement that are intended to survive its termination or expiration.
User understands that in the event of termination or expiration, User will receive the balance reward money due to User for tasks that Cashbeez has deemed acceptable. Cashbeez and User shall deal with each other fairly and in good faith relative to this Agreement. User further understands that if User has participated in any incentive promotion pursuant to which User may be entitled to a bonus, trip, or any kind of award/ rewards, User will not be entitled to same if it was not actually received prior to the date of termination. Cashbeez may terminate user accounts without prior notice if any suspicious activity is found which come is the way of natural or intended functioning of Cashbeez. Termination os user accounts will be at sole discretion of Cashbeez
9. BREACH OF AGREEMENT
The Independent Representative shall not indulge in any activity which would affect the promotion of the company’s product and also the Independent Representative shall not indulge in any activity or business of other company similar to the Cashbeez company.
The Independent Representative shall not indulge in any activities which is/would be detrimental to the interest and reputation of the company. In case, the Independent Representative is found violating any terms and condition of this agreement or any rules, regulations or policies of the company then the company shall have every right to terminate the agreement without any prior notice to such Independent Representative
User understands and agrees that any breach or threatened breach by User of the non-competition and non-disclosure provisions contained in this Agreement will cause Cashbeez substantial, irreparable harm which is difficult to measure, and that Cashbeez therefore may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights Cashbeez may have against User for breach of this Agreement. Therefore, whenever Cashbeez may apply for restraining order or injunction against User for breaching or threatening to breach this Agreement as described above, User waives any notice to which User may be entitled and consents to such restraining order or injunction. If Cashbeez proceeds against User in the state court for Uttar Pradesh, or the Indian High Courts/ Supreme Court situated in or closest to said area of Lucknow, on any cause of action arising out of this Agreement, User agrees that such court may exercise personal jurisdiction over User. In the event of any breach of this Agreement by User, User agrees to pay Cashbeez all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
Cashbeez projects/services are available only to and can only be used by an individual who can form legally binding contracts as per the prevailing laws in India. The term individual shall only include a living person and does not include all other legal creations. The services/projects are not available to minors under the age of 18 or to any users suspended or removed from accessing Cashbeez for any reason.
Each notice to either Cashbeez or User required hereunder shall be in writing and emailed to the addresses provided by the parties unless and until any such address is changed in writing. Cashbeez and User shall exercise best efforts to communicate to the other any such change in address. Such notices shall be deemed given when mailed by certified mail, return receipt requested. Any written notice may be personally delivered, but personally delivered notices shall be deemed given only on the date of actual receipt.
The company shall have every right to alter, modify, add or delete part or whole of the privileges of its business, rules, regulations, terms and conditions, suspend and terminate without any prior notice to the Independent Representative.
The User or Independent representative or customer agrees to the following declarations:
That I have completed the age of 18 years and am of sound mind and competent and not debarred to enter into an agreement for obtaining the Independent Representative ship of the company.
That I have neither been declared insolvent nor convicted in any criminal case by any court of law.
That I have gone through the terms and conditions as mentioned hereinabove, very carefully and the same are read over to me in my vernacular language and I have understood the same.
That I have gone through rules, regulation, Policies, Procedure and business plan of the company very carefully and undertake to abide the same.
That I have applied for obtaining the Independent Representative of the company voluntarily, free consent/will and willing to obtain the Independent Representative of the company without being under any pressure or coercion.
That in case, any loss is caused to the company due to any act(s) done by me in contravention of any provisions of law of land or terms and condition mentioned hereinabove, then I shall indemnify the company for the damage caused to the company.
That I hereby accept the terms and conditions mentioned hereinabove and request the company to issue/provide the Independent Representative ship to me.
That I have also taken legal advice on the basis of which I am fully aware / understood that there is no legal bar or constrain which could / may prevent me from obtaining the Independent Representative ship of the company.
That I acknowledge that no false representation or concealment has been made by me.
That my aforesaid statements are true and correct and nothing concealment.
Accepted the same in accordance with the terms & conditions mentioned above by signing up online in the registration page.