Terms and Conditions of Service
LastHR websites (“Websites”) and mobile applications (“Apps”) and related services (together with the Websites, the “Service”) are operated by Hong Kong General Services Ltd., (“LastHR,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. LastHR may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS IN SECTION 23.
- Description of Website and Service
The Service allows users to access and use a variety of self-promotion services related to offering uniquely individually created services by members and oneself, educational services are provided by LastHR and other members, including learning, selling, improving a practicing service. LastHR may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
- Registration; Submission of Content
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by LastHR; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to LastHR, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account. (v) upload any personal ID as necessary for KYC purposes
b. Course Contributor Submissions
If you are a Contributor, you may offer to contribute new services/project/business to the Service, as agreed between you and LastHR on a case-by-case basis. Subject to any guidelines posted on the Service, you may perform any such services/projects/businesses or create any such services/projects/businesses in accordance with your own schedule and using your own facilities and resources. You are not required to become a Contributor and you may cease your activities as a Contributor at any time. You acknowledge that you do not desire and will not receive compensation for your activities as a Contributor or for our use of any Contributor Materials (as defined below) you submit. Any services/projects/businesses of an existing LastHR services/projects/businesses you submit or have submitted and any new service/project/business you submit or have submitted as a Contributor (collectively, “Contributor Materials”) are owned by you (subject of course to us retaining ownership of the existing LastHR services/projects/businesses you offered). By submitting any Contributor Material, you grant us a fully paid up, royalty-free, perpetual, sublicensable license to reproduce, display, perform, modify, create derivative works of, distribute and otherwise use such Contributor Material in any manner.
c. General Content
As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, quizzes or other materials on the Services (“Content”), you hereby grant to LastHR a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, LastHR, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or LastHR have any obligation to you or anyone else to maintain the confidentiality of the Content.
- Your Representations and Warranties
You represent and warrant to LastHR that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Hong Kong and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from Hong Kong and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Contributor Materials, Service Offers, Projects/Services, and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
- Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in LastHR’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose LastHR or its users to any harm or liability of any kind.
- Indemnification of LastHR
You agree to defend, indemnify and hold harmless LastHR and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
- License to Apps
Subject to the terms of these Terms and Conditions, LastHR grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. LastHR and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and LastHR, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and LastHR acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and LastHR acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, LastHR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and LastHR acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
- In-App Purchases
If you purchase an auto-renewing periodic subscription through the Service, your LastHR account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your LastHR account and follow instructions to terminate or change your subscription, even if you have deleted your account.
You are allowed to purchase Virtual Items through the Service, and not in any other way.
LastHR may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. LastHR may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. LastHR shall have no liability to you or any third party in the event that LastHR exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.
You agree to pay all fees and applicable taxes incurred by you or anyone using a LastHR account registered to you. LastHR may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Payment Processors
- Refund Policy
In the event that LastHR suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
- Third-Party Links, Sites, and Services
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by LastHR on the Service are subject to change. In consideration for LastHR granting you access to and use of the Service, you agree that LastHR and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
- NO REPRESENTATIONS OR WARRANTIES BY LastHR
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY LastHR ARE PROVIDED TO YOU ON AN “AS IS” BASIS. LastHR AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LastHR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL LastHR BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF LastHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LastHR’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LastHR FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
LastHR may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your LastHR account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of LastHR’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
- Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of LastHR or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and LastHR, all data, information and materials generated from your access and use of the training and services made available on or through LastHR, including content generated by you (collectively, the “Contributor Materials”), shall be exclusively owned by LastHR, and you shall not have any right to use such Contributor Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to LastHR any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Contributor Materials. All rights of LastHR or its licensors that are not expressly granted in these Terms and Conditions are reserved to LastHR and its licensors.
“LastHR” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of LastHR or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the LastHR name or any LastHR or third-party trademarks, service marks, graphics or logos.
- Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to LastHR pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- Please consult your legal counsel for further details. LastHR for Notice of claims of copyright infringement can be reached as follows:
By mail: Attention: Legal, 21F, CMA Building, 64 Connaught Road Central, Hong Kong.
- Governing Law and Arbitration; No Class Action
These Terms and Conditions, its subject matter and LastHR’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of Hong Kong, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for LastHR’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you do not want to arbitrate disputes with LastHR and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@LastHR.com within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send written notice to LastHR’s Administration Office of your intent to arbitrate (“Notice”). The Notice to LastHR should be sent by any of the following means: (i) sending the Notice by Post to Hong Kong General Services Ltd., Attention: Legal, 21F, CMA Building, 64 Connaught Road Central, Hong Kong. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator of LastHR’s choice. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. If you initiate arbitration, your arbitration fees will be limited to $30,0000 HKD. We will reimburse all other filing, administration and arbitrator fees paid by you, to a maximum of $30,000 HKD unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be unreimbursed. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $30,000 or less, either you or LastHR may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND LastHR EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND LastHR EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and LastHR agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a court located in Hong Kong, and you and LastHR each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that LastHR shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between LastHR and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by LastHR or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. LastHR may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of LastHR and you, and LastHR’s and your respective successors and permitted assigns.
SEACANS.COM Multi-level Marketing Terms and Condition
- I hereby submit my Distributor Application and Agreement form to become an Independent Distributor. (herein referred to as Distributor of SEACANS.COM, (hereinafter referred to as Company) I am now applying to become a participating member of the system in order to start availing the aforementioned benefits and services.
- Signing this application means that I approve to become a Distributor of the company and that this agreement becomes effective on the date of acceptance by the distributor. If the company does not receive my sign-up information, I understand that this Agreement will be canceled.
- As a Distributor of the company, I am privileged to participate in the sales and distributions of the company’s goods, receive bonuses and commissions in accordance with the company compensation plan.
- As a Distributor of the company, I am therefore an independent contractor; not an agent nor an employee, neither a franchisee of the company. I am fully aware no employee-employer relationship exists between me and the company. I understand and fully agree that I will pay all income taxes, local taxes, and/or local license fees that may arise as a result of my undertakings under this agreement.
- As a Distributor, I will do my best to observe proper conduct and maintain ethical standards of the highest quality in the conduct of my SEACANS.COM business. The company has the right to terminate the contract agreement of any Business Distributor who will be involved in any misconduct and/or harmful activity against the company.
- I agree that I am not guaranteed any commissions/bonuses, nor I am assured of any profit or success. I am free to set my own hours and determine my own area of the territory of sales, and methods of selling, within the parameters of this agreement. I also agree that I am responsible for my own expenses in relation to this distributorship.
- I agree that this agreement does not include the sale of the franchise and that there are no exclusive territories granted to everyone.
- I agree to indemnify and hold the Company harmless from any claims, damages, and expenses including attorney’s fees, arising out of my actions or conduct, and that of my employees and agents. This agreement is governed and construed by the laws of the Republic of the Philippines.
- With this agreement, the company has the right to change any marketing plans, principles, and policies if and when it is deemed necessary.
- I shall be subject to sanction as specified in the policies and procedures of the company’s discretion for the violation or breach of any term or provision of this agreement. Upon the voluntary or involuntary cancellation of this agreement, I shall lose and expressly waive all rights, including property rights to my previous downline organization and to any bonuses, commissions, or other compensation arising from sales generated by me or my prior downline organization.
- The company shall be entitled to deduct and offset from any commissions, bonuses, or any other money payable to me, any amount past due and unpaid for purchases of the company products and services or any other money owed to the company by me.
- I acknowledge that I have read this agreement and agree to abide by and be bound by the terms contained here.
SEACANS.COM Multi-level Marketing
We’re thrilled you’ve decided to use our products and services, all of which we refer to simply as the “Services”.
By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
1. WHO CAN USE THE SERVICES
No one under 18 is allowed to create an account or use the Services. We or our partners may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
- You can form a binding contract with Seacans.com and you have reviewed and agreed to these Terms;
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Distributorship / Direct Selling
Seacans appoints, as of the Effective Date, the individual(s) identified in the above DirectSellerApplication, or if applicable, the legal entity listed therein (the “Entity”), as a Direct Seller of Seacans Products and services,and the Applicant(s) (here in after individually or collectively referred to as the “Direct Seller or Distributor”) agree(s) to such appointment. As of the Effective Date and upon receipt of ordering information and completion of any required formalities, the Distributor may, on a non-exclusive basis, within the Territory as may be communicated by Seacans, and otherwise in accordance with the Direct Seller Contract, purchase Seacans Products from Seacans in order to sell, distribute and market the same, and also register Preferred Customers.
This Direct Seller Contract, shall remain valid and continue to remain in full force unless terminated earlier by eitherPartywith or without cause as given.
4. No Employment Relationship
The Distributor hereby confirms that he/she/they has or have entered into this Direct Seller Contracts an independent contractor. Nothing in the Direct Seller Contract shall establish either an employment relationship or any other labour relationship between the Parties or a right for the Distributor to act as a procurer, broker, commercial agent,contracting representative or other representative of Seacans. When purchasing and selling Seacans Products, the Distributor shall operate as an independent vendor, acting in his/her/their own name, at his/her/their own responsibility and for his/her/their own account.
5. Payments and Bank Accounts
Seacans will make all payments on account of commissions, discounts, returns or refunds etc.through bank transfer in favour of the Primary Applicant/Entity only as per the details provided in the Direct Seller Application or may be updated by the Primary Applicant/Entity in writing from time to time. The bank account must be opened and operated in full compliance with law, including with respect to applicable foreign exchange laws.
5. Obligations of Direct Sellers
(a.) The Distributor shall not sell any Seacans Product for a price exceeding the Maximum Retail
Price Mentioned on the labels of the Seacans products.
(b.) The Distributor shall, throughout the validity of this Direct SellerContract, strictly adhere to all applicable laws, regulations and other legal obligations that affect the operation of his/her/their business. The Distributorshall be responsible for obtaining any applicable registration, license, approval or authorization, a copy of which shall be provided to Seacans upon request.
(c.) Direct Sellers for Seacans shall: i. always carry their identity card and not visit the consumer’s premises without prior appointment / approval; ii. truthfully and clearly identify themselves and state the purpose of solicitation to the prospective consumer and state the identity of Seacans, provide complete explanation and demonstration as well as description of the nature of products and services being offered for sale, provide details of prices, credit terms, terms of payment, return policies, terms of guarantee,after-sales service, complaint redressal mechanism etc.; iii. provide a bill and receipt to the consumer for orders placed; iv. subject to applicable legal requirements, maintain proper books of accounts in prescribed forms;
(d.) Direct Sellers for Seacans shall not: i. use misleading, deceptive or unfair trade practices for sale or recruitment of prospective direct sellers; ii. require or encourage other Seacans direct sellers to purchase Seacans products or services in unreasonably large quantities; iii. provide any literature and/or training material,not restricted to collateral issued bySeacans, to a prospective and/or existing direct seller which have not been approved bySeacans; iv.Require prospective or existing direct sellers to purchase any literature or training material or sales demonstration equipment. v. strictly adheres to, inter alia, the Seacans Code of Ethics and Seacans Rules of Conduct for Seacans Direct Sellers
6. FINAL TERMS
- These Terms make up the entire agreement between you and Seacans.com and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
I/We hereby affirm that I/We are 18 years of age or older and are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with the same. I/We acknowledge that I/We have thoroughly read these Terms and Conditions before submitting this and agree to abide by all of its provisions. We may at any time revise these Terms and Conditions by updating the same on this website. All Seacans Direct Sellers are bound by any such revisions and should therefore periodically visit the Seacans web page to review the then-current Terms and conditions to which you are bound. The applicant hereby states that the documents uploaded along with the application are not defamatory, threatening, obscene, harassing, or otherwise unlawful or illegal information or material of any nature, including text, graphics, video, programs, or audio. Submitting material with the intention of committing or promoting an illegal act is strictly prohibited. This Application Form and the Terms and Conditions are Generated and issued is based on the inputs and information that the submitter has keyed in and submitted for the mentioned I. P. address on the date and time as captured. The copy of the same and the copy of the documents submitted would be sent by mail to the mail id that you have provided to us. In case of any discrepancy you are requested to contact us by writing to firstname.lastname@example.org