WHEREAS in consideration of Tupperware India Private Limited (“Tupperware” and/or “the Company”) appointing me as a Consultant of Tupperware and granting me the right to resell and distribute the products of Tupperware for margin/commission/incentive as per Tupperware’s business plan as explained to me and provided in the Tupperware Literature. I, the Consultant, hereby agree, undertake, and acknowledge that:

1. The following words shall have the meaning as prescribed to them herein:
   1. "Distributor” shall refer to the person authorised by Tupperware to service/train Tupperware Consultants.
   2. “Product(s)” shall refer to all products which Tupperware assigns its consultants to sell.
   3. “Tupperware Literature” shall refer to the various documents issued by Tupperware from time to time to govern the Tupperware business, including but not limited to these Terms and Conditions, Tupperware’s business plan, Code of Conduct, Terms as mentioned on Tupperware website, Return and Exchange Policy and Shipment and Payment Policy. Tupperware Literature is shown on the Tupperware’s website www.tupperwareindia.com.
2. By executing the present agreement, I agree that I have attained the age of majority and am legally competent and allowed to enter into this agreement. I undertake to provide government-issued documents for my KYC. I further undertake that I have neither been convicted of a criminal offence nor declared bankrupt during the last five years from the date of execution of the present agreement.
3. There are no fees or charges required to join as Tupperware’s Consultant, nor payment of any kind for any sales demonstration or material cost is required. I agree that I am an independent contractor having a principal-to-principal relationship with Tupperware by way of this Agreement. I am neither an employee nor an agent of Tupperware. I am not authorised to bind the Company under any circumstance or legal document; I cannot create any obligation to be performed by the Company. Upon joining, Tupperware may associate me with a Distributor for ease of coordination and supply.
4. I understand that any margins and incentives are based on sale of Products as per Tupperware’s business plan and no payment shall be made or requested for the recruitment/enrolment of prospective consultants.
5. I understand that I will not be required to purchase any goods or services for an amount or quantity which I cannot reasonably sell or consume.
6. I have undertaken orientation session and been provided with fair and accurate information on all aspects of direct selling business including the margins and incentives.
7. I shall provide a self-attested copy of my PAN. I understand that if I fail to provide a copy of my PAN card, tax deduction as per the provisions of The Income Tax Act shall apply.
8. I understand that Tupperware reserves the right to accept or reject my application as a consultant, with or without assigning any reasons. Submitting the present application shall not give me with any right as a Consultant unless my application is approved by Tupperware.
9. Upon joining Tupperware as a Consultant, I shall have the right to withdraw this agreement within 10 working days from the date of joining (“Withdrawal Period”), without penalty and without giving any reasons, by giving Tupperware notice of my intention to do so in writing via e-mail at care@tupperwareindia.com. If I exercise my right to withdraw from this agreement during the Withdrawal Period:
   1. I will be required to destroy all records and copies of the Tupperware’s business plan previously provided to me; and
   2. this agreement will be deemed to have been terminated such that I will be deemed to never have been appointed as a Consultant.this agreement will be deemed to have been terminated such that I will be deemed to never have been appointed as a Consultant.

If I do not exercise my right to withdraw from this agreement within the Withdrawal Period, I will be deemed to have accepted all terms and conditions contained in this agreement and in the Tupperware Literature.

10. I am only authorised to sell Products as per direct selling model in accordance with the Tupperware Literature and applicable law. However, I am not allowed to sell the Products through any of the following mechanism unless it is pre-approved by Tupperware in writing:
    1. internet/online selling (e.g. e-commerce website(s), through any other web site(s), social media, chat room, bulletin board or other similar service(s) to promote or sell the Product(s));
    2. retail trade including but not limited to shops, supermarkets, stalls, kiosks and exhibitions;
    3. business to business sales;
    4. export any of the products outside India, nor sell to anyone who intends to export the Products outside India or is suspected to export the Products outside India without the prior written consent of Tupperware; And
    5. any other form of sales channels which are not in accordance with Tupperware Literature or applicable law.
11. Attending weekly assembly organized by Tupperware through Distributor is an important aspect of the business as it provides an insight about various Products/ideas and will help me in generating sales and ensuring customer satisfaction, along with obtaining suitable training to carry out my responsibilities under this Agreement.
12. I am entitled to terminate this agreement for any reason at any time by submitting a 30-day prior written notice to Tupperware and subject to clearance of all my payment obligations.
13. This agreement shall deemed to be terminated if I have not placed any order for purchase of goods for a period as determined by the prevailing Company policy, since the date of this agreement or since the date of the last order for purchase of goods placed by me, whichever is the later. The term of this agreement will otherwise continue to remain in force, unless terminated by either of the Parties as per the Terms and Conditions provided herein and other Tupperware Literature.
14. I acknowledge that Tupperware can immediately terminate this agreement if Tupperware has reasonable grounds to believe that:
    1. I have provided any wrong information regarding my eligibility as Consultant to Tupperware in this agreement, at the time of joining or thereafter,
    2. I have misrepresented about Tupperware’s business/Products in any manner,
    3. I have breached any terms or conditions of this agreement or other Tupperware Literature,
    4. I have failed to pay my payment obligations to Tupperware in a timely manner,
    5. if I am found involved in any act of commission or omission which discredits the Company’s brand name/products/literature, or
    6. if I am found to be in breach of the terms and conditions contained herein, any rules in the Tupperware Literature, any applicable laws including the Direct Selling Guidelines/regulations and/or Consumer Protection (Direct Selling) Rules, 2021 and subsequent amendments, if any.
    7. If I am found to contravene or breach any of the provisions of these Codes. The termination is effective on the date indicated in the written notification from Tupperware to me. I will have no further claim against Tupperware as a result of the termination.
    8. If terminated as a Consultant then I am not permitted, either directly or indirectly, to conduct or participate in any business activities related to Tupperware and is not entitled to receive further payment and reward for bonuses, commissions or any other awards whether accruing before or after the termination date.
    9. Tupperware may at its sole discretion, suspend my account, pending investigation of any alleged breaches to these Codes. During this suspension, no commission or bonuses will be paid. Sales and/or new recruits will not count towards any sales force promotion that may be in place.
    10. Tupperware reserves the right to claim damages from me if I am found breaching of these Codes and have been involved in activities that may have caused financial losses or otherwise to Tupperware.
    11. If terminated as a Consultant then I shall not influence existing Consultant and employees of Tupperware in any manner that may disrupt the operations and image of Tupperware.
    12. If terminated as a Consultant then I will not be accepted again as a Tupperware Consultant.
15. I agree and assume full and independent responsibility for discharge of statutory and regulatory liability in taxes, duties, levies, cess and other governmental fees of any nature as levied from time to time pursuant to the applicable laws of India, in relation to my purchase and sale of goods and services and any situation which arises due to my execution of the present agreement.
16. I understand that with respect to the Tupperware’s goods sold by me, I may only extend to end customers such warranty as specified by the Company.
17. Except as specifically provided above, Tupperware shall not be liable in any manner to me for any loss or damages of any nature, including consequential damages and loss of earnings arising after my purchase of the Products.
18. I shall:
    1. at the initiation of any sale representation, truthfully and clearly identify myself, disclose that I am a Consultant of Tupperware, the address of place of business, the nature of goods or services sold and the purpose of such solicitation to the prospect/consumer;
    2. make an offer to sell to the prospect/consumer by providing accurate and complete information, demonstration of goods and services, prices, credit terms, terms of payment, return, exchange, refund policy, return policy, terms of guarantee and after-sale service;
    3. provide an order form to the consumer at or prior to the time of the initial sale. I understand that the order form will identify Tupperware as the direct selling entity, me as the Consultant and shall contain the name, address, registration number, identity proof issued by Tupperware and contact number of the Consultant , complete description of the goods or services to be supplied, the country of origin of the goods, the order date, the total amount to be paid by the consumer, the time and place for inspection of the sample and delivery of goods, consumer's rights to cancel the order or to return the Product in saleable condition and avail full refund on sums paid as per Company’s policy and complete details regarding the complaint redressal mechanism of Tupperware;
    4. obtain goods and service tax registration, Permanent Account Number registration, all applicable trade registrations and licenses when applicable;
    5. comply with the requirements of applicable laws, rules and regulations for sale of a product;
    6. ensure that actual Product delivered to the buyer matches with the description of the Product given and Product ordered; and
    7. take appropriate steps to ensure the protection of all sensitive personal information provided by the consumer in accordance with the applicable laws for the time being in force and ensure adequate safeguards to prevent access to, or misuse of such data by unauthorized persons.
19. I shall not:
    1. visit a consumer's premises without Tupperware’s identity card and prior appointment or the consumer’s consent;
    2. provide any literature to a prospective customer, which has not been approved by Tupperware;
    3. use any misleading, deceptive, or unfair trade practices during the sale;
    4. require a prospective customer to purchase any literature or sales demonstration equipment;
    5. during a sale, make any claim that is not consistent with claims authorized by Tupperware;
    6. conduct fraudulent sales activities or false or misleading representations or engage any other form of fraud, coercion, harassment, or unconscionable or unlawful means;
    7. indulge in mis-selling of Products or services to consumers;
    8. refuse to take back spurious goods or deficient services and refund the consideration paid for goods and services provided;
    9. charge any entry fee or subscription fee to any individual;
    10. induce consumers to make a purchase based upon the representation that they can reduce or recover the price by referring prospective customers to the Consultant for similar purchases;
    11. promote/participate in a pyramid scheme and/or money circulation scheme or enroll any person to such schemes.
    12. export any of the products outside India, nor sell to anyone who intends to export the Products outside India or is suspected to export the Products outside India without the prior written consent of Tupperware
    13. sell the Products to anyone who has been blacklisted by Tupperware or anyone who is suspected to have been engaged in unlawful sale.
    14. Sell the products to anyone who intends to further sell Tupperware products across any channels and not limited to retail shops, e-commerce sites, Business to business etc unless having written confirmation from Tupperware
20. This agreement is entered on a personal basis and may not be assigned or transferred by me to any third party (including known or unknown) without the written consent of Tupperware.
21. If any provision of these terms & conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
22. Tupperware reserves its right to modify, alter, amend, or re-enact the present terms and conditions and all Tupperware Literature at any time. Any such modification, alteration or amendment will become effective from the date of its publication on our website www.tupperwareindia.com and my continuation of the Tupperware business shall constitute as my consent to any changed policies.
23. This Agreement shall be governed by and construed in accordance with the laws of the India, The parties agree that the proper venue of the adjudication of any dispute will be in the courts of New Delhi, India. In the event of any dispute arising under this Agreement (including under any Services Schedule, the parties shall attempt for a period of thirty (30) days after receipt by a party of written request from the other party to resolve the dispute by amicable settlement. If the parties are unable to do so within such thirty (30) day period, such dispute shall be settled by arbitration in accordance with the Delhi International Arbitration Center, Delhi High Court (“DIAC”) Arbitration Rules in force at the time of the commencement of the arbitration. There shall be one arbitrator agreed by the parties within fifteen (15) days of a party’s written request for arbitration. If the parties are unable to agree on such arbitrator, an arbitrator shall be appointed by the DIAC in accordance with its Arbitration Rules. Any arbitration award may be enforced in the competent courts of New Delhi, India. Each party shall bear its own costs in connection with any arbitration hereunder, however the prevailing party in any arbitration shall be entitled to reimbursement of its reasonable arbitration costs, and its reasonable costs incurred in any enforcement of an arbitration award. Nothing herein shall prevent a party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of the dispute as is necessary to protect a party’s proprietary rights.
24. The liability of Tupperware is limited to the lesser of a) actual damages or loss accessed by the arbitrator b) the total commission earned by the Consultant during the six months period preceding the date of the dispute. No such limitation of liability is applicable on Tupperware.
25. I expressly agree and consent that Tupperware may collect, record, organize, store, update or modify, retrieve, consult, use, consolidate, block, erase or destroy, or otherwise process, through automated means or manual processing, my personal data, including my sensitive personal information, set out in this Agreement and/or otherwise provided by me or processed by Tupperware in the course of or in connection with my application or subsequent relationship with Tupperware. I further expressly agree and consent that Tupperware may share, disclose, transmit or transfer my personal data, including my sensitive personal data, to third parties (including but not limited to Tupperware’s parent
26. I have read and understood all the Tupperware Literature, and understand that Tupperware has the right to change any of them from time to time and I shall keep myself updated with the same.
27. I hereby confirm that I have read, understood and agreed to the terms and conditions of this agreement. I will indicate my consent though clicking “consent” in the next screen or by signing on the Consultant agreement if hard copy is provided to me.