Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

indranil lath (proprietor)     11 June 2014

Online network marketing

I have been working for an US online network marketing co. for last 2 years .Promoting day in and day out ,I built a good team of active members and came to a good status .


Now ,suddenly they seized my and my team's all earned credits and points by terming us as involved in fraudelent activity .


Trying to communicate with them ,but they are not even replying .


What I can do in this situation ?



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 June 2014

is there any written understanding between you and online firm. If so follow the terms & conditions of the understanding. If you feel cheating by them, give a police complaint in criminal courts. The court direct police to investigaete and file criminal case on it.

1 Like

Dr J C Vashista (Advocate)     11 June 2014

I agree with Mr. Ramachary.

indranil lath (proprietor)     11 June 2014

Online firm is based in US and their terms and conditions says, This agreement is further governed by and construed in accordance with the laws of the United States of America.


Can we file a complaint with our local court ?

How much effective our law will be against them ?

indranil lath (proprietor)     13 June 2014

Our agreement have an arbitration clause :-

 

Any controversy, dispute or claim between Co. and any other party arising out of/or involving any Co. business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.

The arbitrator shall apply Nebraska substantive and procedural law to the proceeding. The demand for arbitration must be in writing and must be made by the aggrieved party within 90 (ninety) days of the event giving rise to the demand. The arbitration shall take place in Lincoln, Nebraska.

The arbitrator's power to award a remedy shall be limited to monetary damages. Should either party wish to seek injunctive relief or other non-monetary relief, such claims shall be brought exclusively in a court of competent jurisdiction located in the State of Nebraska, County of Lancaster.

The arbitrator shall determine if there is any prevailing party, and the prevailing party shall be awarded only such fees and expenses as are permitted under the law of the State of Nebraska. The fees for the arbitrator shall be paid equally by both parties. The parties understand and acknowledge that by agreeing to arbitration, they are giving up any right they may have to a judge or jury trial with regard to all issues subject to arbitration.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

 

Is it possible for me to go for arbitration with them ,as I am in India . Please advice .

Dr J C Vashista (Advocate)     14 June 2014

Once you have agreed to settle the dispute by arbitration, it is binding.

Engage a local lawyer, show the documents to him/her and proceed as opined /advised/ guided.

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 June 2014

It is an arbitration based on the US Arbitration laws.  In this case your are the aggrieved party so it is you who have got to appoint your own arbitrator at US within90 days from the date of the reported event by which you feel aggrieved or cheated by the company violating the terms and conditions.  So look for an arbitrator through internet itself, fix one and by engaging him  and retaining him as per his terms for the purpose, fight the case through him.  You can do all these sitting from your place itself. Consult a good and prudent arbitrator in your locality and proceed as per his further advise.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register