This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain namewww.realdreamachievers.com(hereinafter referred to as "Website") is owned byReal Dream Achievers Private Limited,a registered company, having its address as H/N 924, Garalia, Sarusajai, N/H 37, Guwahati, Kamrup - 781040 (Assam,India) (hereinafter referred to as "Real Dream”).
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.
The contents of this website are only for information purpose. Users are advised to rely on information posted herein for any purpose only after verification and confirmation of the same from authentic and authoritative sources. Neither Real Dream nor the website developer is responsible for any consequences that may arise out of using such information without verification / confirmation. There may be time gap in internet / online posting / transmission of information and availability of such information at browsers’ end. Exact status may be confirmed from sourcewww.realdreamachievers.com.We are running this website, to promote our business within our direct selling business. We are registered atH/N 924, Garalia, Sarusajai, N/H 37, Guwahati, Kamrup - 781040 (Assam,India).The Payment Gateway, which we mentioned in this website, is our official account, the money collected from this website on behalf of the company i.e.Real Dream Achievers Private Limitedon the sale of products exclusively marketed byReal Dream Achievers Private Limited.
The services available on this website are for customers, who are interested and have requested to become a customer of the company. Once you register as a user, you will permit us to fill Real Dream registration form and to mention your name where ever your signature is required.
You must not misuse this Websitewww.realdreamachievers.com.You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Real Dream will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Real Dream or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Real Dream and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract withReal Dreamyou must be over 18 years of age. Real Dreamretains the right to refuse any request made by you.If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The amount received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the amount paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
d) Independent Distributors
Upon receiving your request to become an Independent Distributor withReal Dream, that he / she has read, understood and accepted all the terms and conditions mentioned on the Application Form which completes the Direct Seller Contract andReal Dream,its separate Compensation Plan to provide incentives to its exclusive Independent Distributors and agrees to comply by all the terms laid down. To become an Independent Distributor is FREE with Real Dream Achievers Private Limited.This document uploaded on the websitewww.realdreamachievers.com,Independent Distributor ofReal Dreamalso agrees to read and comply by further amendments, which will be made from time to time fromReal Dream Achievers Private Limited.
Disclaimer of Liability
The material displayed on this Websitewww.realdreamachievers.com,is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law,Real Dream and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Real Dream’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright.Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and / or locations featured on this website are in no way associated, linked or affiliated with Real Dream and you should not rely on the existence of such a connection or affiliation.Any trademarks / names featured on this website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Real Dream.
Real Dream shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and / or any page of this Website and its policies.
provision in which we exclude our liability to you) the enforce-ability of any
in full force and effect. So far as possible where any clause/sub-clause or
part of a clause/sub-clause can be severed to render the remaining part valid,
the clause shall be interpreted accordingly. Alternatively, you agree that the
clause shall be rectified and interpreted in such a way that closely resembles
the original meaning of the clause / sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Communication with Customers
Direct Seller Contract
This Contract is construed in accordance with the model of Direct Selling Guidelines issued by the Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II) dated 9th September, 2016 read with Indian Contract Act 1872 and supersedes any prior terms and conditions, discussions or contracts between company and direct seller.
Between Real Dream AchieversPrivate Limited, which is a registered company, having its Registered Office at H/N 924, Garalia, Sarusajai, N/H 37, Guwahati, Kamrup - 781040 (Assam,India) (Hereinafter referred to as “Real Dreams”)which expression shall, unless the context otherwise permits, include its successors and permitted assigns of the one part herein after called as First Party.
The person / entity who has filed the online / offline application form hereinafter referred to as ‘Independent Distributor’ which expression shall unless repugnant to the context or meaning there of be deemed to mean and include his / her / their legal heirs, executors, administrators and assignees of both the parties, hereby called as the Second party.
Whereas the first party is a registered Company under Companies Act, 2013 and the second party is willing to work with the first party after fully compliance of the Indian Contract Act 1872 read with the guidelines as provided by Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs vide F.No. 21/18/2014-IT (Vol-II) dated 9thSeptember, 2016 on the following terms and conditions.
In this Contract
1. "Independent Distributor(s)" - Shall mean a person who has accepted the contract to undertake Direct Selling Business of Real Dreamand avail the financial or non-financial benefits.
2. “Sponsor”- Sponsor shall mean an existing Independent Distributor who introduces a new customer to be anIndependent Distributor of Real Dreamand whose name appears on the Application Form as the Sponsor.
3. “Shopping Purchase Volume (PV)&Business Volume (BV)” - Shall mean the value on which the incentives will be calculated on sold products as per Real DreamCompensation Plan.
4. “Downline”–Shall mean the Customers / Independent Distributors below a specificIndependent Distributor of Real Dreamrespectively in the genealogy as the context requires.
1. Subject to this Contract, Real Dreamhereby appoints the Independent Distributorand theIndependent Distributorhereby accepts its appointment on a principal-to-principal, non-exclusive basis to use, promote and resell theReal DreamProducts in India.
2. This instrument hereafter referred to as the contract, executed between Real Dream&Independent Distributor(s).
3. Upon executing the Contract, Independent Distributoragrees to register on the Real Dream website www.realdreamachievers.com.You get unique Independent DistributorID and password to operate your Business Operation Centre. In the event of any discrepancy betweenterms of this Contract and the Real DreamWebsite, the terms of this Contract shall prevail. You agree that you shall not be entitled to register with more than one Account on the Website for any reason whatsoever. You and your wife are considered as a single entity.In the event Real Dreamhas a reason to believe that you or any person on behalf of you has activated more than one Business Operation Centre (BOC), this Contract shall forthwith be deemed to be terminated. In the event this Contract is terminated for only reason whatsoever, the Independent Distributorshall not be eligible to apply for a position as an Independent Distributor, for a period of 6 (Six) months from the date of termination or for such period as Real Dreammay in its sole discretion decide.
4. Simultaneous to or within 15 (Fifteen) days from the date of executing the Contract, he / she agrees to submit the physical copies of the following documents ("Registration Documents”) to Real Dreamat its Registered office located at Guwahati (Assam, India) and the same shall be acknowledged by Real Dreamin writing:
a. Original Real DreamApplication Form;
b. One Color Passport Size Photograph;
c. A self-attested PAN card copy
d. A Self-attested cancelled cheque/ bank statement bearing Account Number & IFSC code
e. A self-attested copy of the address proof UID / Aadhaar Card preferred
5. Your KYC should be submitted to head office within 15 (Fifteen) days period, otherwise the application shall be deemed to be terminated and your Business Operation Centre shall automatically stand terminated, without any further liability on Real Dream. Further Real Dreammay reject the application, in whole or part for any reason, at its discretion, including but not limited to the application containing incomplete, inaccurate, false or misleading information. Any alteration or modification of the contract will be subject to rejection. For the avoidance of doubt, this contract shall be effective and valid from the date of acceptance of the Application Form by Real Dream.
6. No Fee is charged to become Independent Distributor(s).
7. This contract shall become effective on the date Real Dreamacknowledges and accept Independent Distributorship or enter the details of Independent Distributorin Real DreamDatabase.Real Dreamat its discretion may except or reject this application without any reason including incomplete inaccurate, false or misleading information in application.
8. Cooling Off Policy:That Real Dreamagrees to allow the cooling off period of 30 days from the date of purchase / signing of Contract in order to cancel the contract and to receive 100% refund for goods or services purchased.
9. Buy Back Policy:The Real Dreamagrees to allow buyback / refund of goods within 30 days of purchase of product.
10. Any Independent Distributorcontravening any rules, regulation, policies, and procedures or causing any lawful loss to the company shall make this contract liable for termination with immediate effect and the company shall have the right to file appropriate civil and criminal proceedings against him / her as the case may be.
11. In case of Non-Performance by Independent Distributorfor the consecutive 2 Years,Real Dreamwill issue a Termination letter with a notice of 1 month to the Independent Distributor. If the Independent Distributorwishes to ask Real Dreamto review the decision to terminate, he / she shall make such a request to Real Dreamin writing within thirty (30) days from the date of notice of termination. If Real Dream does not receive such request within the thirty (30) days period, the termination will automatically be deemed final.
Independent Distributoragrees that: -
1. He / she entered into this contract as anIndependent Distributor of Real Dream, must be of 18 years and a person with sound mind capable to take decisions, independent entity, associated purely on the present contractual term, and shall have no power of authority to incur any debt, contracts, obligation or liabilities or to make any representation of any warranties on behalf of Real Dream.
2. He / she shall not be an employee or agent of Real Dreamor in any partnership relationship with Real Dreamor any other labor relationship with Real Dream.
3. He / she shall act as an Independent Distributoron his / her own name at his / her own responsibility for his / her account while purchasing and selling Real Dreamproducts.
4. He / she shall not sell any Real Dreamproduct for price more than Maximum Retail Price (MRP).
5. The relationship between Real Dreamand Independent Distributorshall be governed by the rules contained in this contract&Real DreamCompensation Plan.
6. Real Dreammay amend any of the terms and conditions in this contract and its website www.realdreamachievers.com.If an Independent Distributordoes not agree by such amendments he / she may terminate this contract within 30 days of such publication by giving a written notice to the company.Independent Distributor’s continued relationship with Real Dreamwill be considered as an acceptance to all the amendments.
7. He / she will understand the product cost or any of it is non-refundable after lapse of 30 days from the date of Registration on website as well as by this contract. The Company’s liability is limited to replace any defective material, at its own cost. If found and reported within 24 hours of delivery, via email to designated email ID of the Customer Care department or return to Real DreamOffice or closest distribution center.
8. The Independent Distributoragrees that his / her decision has been made directly by him / her and not under any influence. Before starting his / her relationship with Real Dreamhe / she has read and understood all information given on the website www.realdreamachievers.com.
9. Real Dreamwill deal exclusively with the Independent Distributorhimself in respect of all business matters and will make all payments on account or return or refund through Bank transfer / account payee cheque drawn in favor of theIndependent Distributor.
10. Real Dreamauthorizes Independent Distributorto share, release and circulate all or part of the information set forth herein to other Independent Distributorwithin or outside of India.
11. He / she cannot transfer this contract or any of the right or obligations arising out of it to anybody else without prior written consent of Real Dream.
12. He / she shall sell and deliver the product to other customers / Independent Distributorethically and professionally.
13. He / she shall provide bona-fide supervision and training to downline Independent Distributor including on-going contact, communication, encouragement and support.
14. He / she shall be personally liable for all kind of taxes, via, or any other Government dues, levies or statuary liabilities arising due to any Earning / Income from Real Dream.
15. He / she have applied for Independent Distributorship of Real DreamProducts according to the terms and conditions mentioned in this contract and Real DreamCompensation Plan and are available on company’s website www.realdreamachievers.com.
16. He / she shall provide a photo Identification Card issued by any Central or State Govt. as proof of address and add identity and PAN applicable.
17. He / she shall carry the Identification card issued to him / her by Real Dreamand will seek prior appointment with customer for initiation of sale, he / she would identify himself and Real Dream, provide address, registration, telephone number to customer and would truthfully represent the nature of products / services in the manner consistent with the claims authorized by Real Dream.
18. He / she understand that he / she is not supposed to pay any money to any Independent Distributor who is a part of his / her up-line and down line. He / she also understands that if any money so paid by him / her will be at his / her risk and cost and shall not create any liability against Real Dream.
19. He / she shall not require / encourage other Independent Distributorto purchase goods / services in unreasonably large amount or to purchase any literature, training or sales demonstration equipment, nor will sell any unapproved literature / training material.
20. Independent Distributorfully understands the implications of the terms and conditions and therefore binds him / herself into a legal contract with Real Dream AchieversPrivate Limited, as per the Indian Contract Act, 1872 and other applicable laws. Further, the Independent Distributors acknowledges and agrees that he / she read and abide by Real DreamCompensation Plan (as amended from time to time) and the Direct Selling Guidelines 2016 issued by the Department of Consumer Affairs and all amendment thereto (which shall also govern the conduct and mode of business of the Independent Distributorunder the present contract).
21. He / she shall not sell products / services on e-commerce platforms / market place or on any fixed retail outlet.
22. He / she shall indemnify and continue to hold Real Dreamand its Directors, Employees and Independent Distributors indemnified against all claims made by any third party or Customer prospected by me and any related damages and expenses including the legal expenses arising out of or connected to the conduct of Independent Distributor(in connection with false claims, promises and other assurances made by him / her which are not made by Real Dreamin writing). The liability of the Independent Distributor arising from this clause shall continue regardless of whether the action brought by such third party actually succeeds or not.
23. Any amount payable to the Independent Distributoras incentive by Real Dreamis inclusive of all taxes, by whatever name they are called, including GST, Professional Tax, Surcharge, Cess and other Taxes. These taxes shall be payable by the Independent Distributoras and when they are required to be paid as per law.
24. Real Dreamreserves the right to recover back any income paid to any Independent Distributors under the following circumstances. (a) Product returned by under Buy Back Policy, (b) Returned to any Stockiest / Franchise under any applicable law or (c) Stolen or obtained by illegal means.
25. Real Dreamreserves the full and absolute right, at any point of time, to withheld or suspend Independent Distributors benefits including but not limited to bonus, incentives, commissions, entitlements etc. In case he does not comply with the terms and conditions mentioned in the contract.
26. The Selling price (MRP) of any Real Dreamproduct is determined by Real Dreamand no Independent Distributorshall be allowed to reduce or increase the price including by way of tempering with the selling price as affixed or decided by Real Dreamon the packing of the product. Breach of the regulation shall result in suspension or termination of Independent Distributorship by Real Dream.
27. Real Dreamreserves the right, at any point of time to revise the selling price including SPV / BV Points of the product without any prior notice.
28. Independent Distributorshall be held liable and responsible for false claims, misrepresentation, etc. About Real Dreambusiness, quality, quantity, content, usage or benefits of products other than those mentioned in authorized product catalogue specified by Real Dreamand all such acts shall lead to disciplinary action including suspension or termination of Independent Distributorship.
29. Independent Distributorshall not sponsor any person by improper way such as:
a. Sponsoring an Independent Distributorwho is already an Independent Distributorof another group.
b. Sponsoring the spouse of a person who is already an Independent Distributorof another group.
30. Real Dreamreserves the right to take following actions if improper sponsoring is proven to have occurred.
· Independent Distributorship shall be terminated with immediate effect. If the Independent Distributoris terminated, all Independent Distributors who were improperly sponsored will be transferred to their original sponsors.
31. He / she shall not be involved directly or indirectly (including by proxy) in any activities of other direct selling companies or any other activities that will bring negative effects to Real Dream.Real Dreamreserves the right to terminate any Independent Distributorwho commits such offence.
32. In the event of doubt as to the true meaning concerning this Independent Distributorship, or any portion thereof in relation to its translated versions, the English Version shall prevail.
33. He / sheis responsible for his / her Personal Income Tax liabilities, GST Registrations / Payments or any other taxes as per his / her Jurisdiction and that all commissions shall be transferred to his / her designate bank account after deducting necessary TDS, after submitting his / her Bank details, PAN and Aadhaar Card documents in lieu thereof.
34. If English / Hindi is not my first language, the content of the above affidavit and the relevant contract have been explained to me in my vernacular language and I hereby state that I have fully understood and unconditionally agree to all the terms and conditions without any force, pressure whatever of any kind.
Company’s Rights and Obligations:
1. The Company will make its products available to an Independent Distributorand shall pay him / her various incentives as set forth in Real DreamCompensation Plan or Company Policies.
2. The Company shall comply with its obligations in accordance with this contract.
3. TDS as applicable will be deducted by the Company from the commissions paid to the Independent Distributor(s) as per the Income Tax Rules.
4. Real Dreammay terminate this contract by giving written notice for (a) breach of any term and condition of this contract(b) Non - Performance (c) If Real Dreamfor any reason arrive at the decision that he / she should not be continued as anIndependent Distributor.
5. Advisory:Independent Distributors should follow “Just in Time” Policy rather than to stock the product. They should buy the product if and only when customer orders the product to them.
6. In Case of dispute or any loss whether in contract, tort or otherwise the arising out of this contract liability of Real Dreamshall not exceed the lesser of any of these
a. actual damage or loss assessed by arbitrator or any other dispute resolution arrangement adopted by both the parties,
b. total commission earned by the Independent Distributorduring the preceding six months of the date of dispute.
9. Real DreamProducts can be purchased by any mode of payment like Paytm / Debit Card / Credit Card / NEFT / RTGS / DD / Cheque / Cash accepted by Real Dreamcompany account only. Application form must be signed by Independent Distributorand Receipt and Invoice should be issued for each purchase & Independent Distributorsignature would be compulsory in application form, below mentioned is a column for signature.
10. All Incentives will be paid according to Real DreamCompensation Plan.
11. DISCLAIMER: Real Dreamexpressly reserves the exclusive right to alter or amend these Rules and Regulations.Real DreamCompensation Plan, Independent Distributor Contract as amended from time to time and any addendum as displayed on the notice board maintained in the marketing Office of Real Dreamand all such documents constitute the entire contract of the parties regarding their business relationship. Upon updation on the website or notification by display on the notice maintained in the marketing office of Real Dreamsuch amendments are automatically incorporated as part of this Contract between Real Dreamand the Customer and the Independent Distributors and are binding upon the parties.