ECENTRA MEMBERSHIP TERMS & CONDITIONS
1. Membership Requirements.
1.1 The Applicant hereby warrants that:
a. He/She is Eighteen (18) years of age at time of application. Where the Applicant is a business entity, it warrants that it is valid and duly registered in accordance with the applicable laws. The Applicant further warrants that he/she is not an undischarged bankrupt and that there are no bankruptcy action/proceedings against him/her.
b. If the Applicant holds more than One (1) active membership, including by way of proxy or nominee, the earliest valid registered membership shall prevail and shall supersede all subsequent memberships. All such subsequent proxy or nominee memberships shall be deemed to be null and void. Any membership subscription(s) paid for the subsequent membership(s) shall be forfeited.
c. The Applicant has read and agrees to be bound by the ECentra Membership Terms & Conditions herein, the Company policies and the Rewards Plan currently enforced by the Company. The Applicant further agrees that the Company reserves the right and authority at any point in time to amend, alter, add or delete any of the Clauses herein, the Company policy and/or the Rewards Plan.
d. The Applicant shall during the term of his membership, observe, abide and shall not infringe all laws, by-laws, regulations of Malaysia including but not limited to the provisions of the Direct Sales & Anti-Pyramid Scheme Act (1993), all other laws where the Applicant is domiciled and/or where the Company is operating in.
1.2 The Applicant hereby understand and agrees that the Company reserves the absolute right and discretion to reject any application within Thirty (30) days of the Company’s receipt of the Applicant’s application (via online) without assigning any reason whatsoever.
1.3 The Applicant further understands that he/she must be of good standing and not in violation of any of the Terms and Conditions herein, the Company’s policy and the Rewards Plan, in order to be eligible for the Company Rewards and all other Membership benefits.
1.4 The Applicant shall not manipulate his/her membership, organise any unauthorised scheme of arrangement whether directly or indirectly, in order to secure, earn benefit from the Rewards Plan and/or any other incentives offered by the Company.
2. Membership Cooling -Off Period.
2.1 The Applicant may request to have his/her membership terminated within Ten (10) working days from the date of registration. The Company shall refund the membership registration fee (if any) and any payments made for products purchased that are also returned, subject to the Company Buy Back Policy as per Clause 7 herein below.
3. Independent Contractor Status.
3.1 The Applicant acknowledges that nothing herein stipulated implies the formation of a partnership with the Company or infers that the Applicant is an agent, representative or employee of the Company.
3.2 The Applicant is an independent contracting party and is not authorized by the Company to act on its behalf, its affiliates, shareholders, directors, officers, or employees nor shall the Company be liable or bound by any acts or omission of the Applicant.
4. Product Selection.
4.1 The Applicant affirms that he/she is given the sole liberty and right to select the product packages that he/she intends to purchase.
4.2 The Applicant also declares that he/she fully understands the commitment and benefits of each product and that there is no undue influence/misrepresentation exerted on him/her by any person over the selection and purchase of the products.
4.3 The Applicant fully understands that the purchase of products or product packages are strictly based on genuine sales and that excessive purchase of products solely for the earning of bonuses, incentives under the Rewards Plan is strictly prohibited.
5. Membership Termination By Applicant.
5.1 The Applicant may request in writing to the Company to have his/her membership terminated at any point in time during the term of his membership validity period, without having to assign any reason thereto. The written application must be forwarded to the Company’s principal business address.
5.2 The Applicant may re-apply to register as a new member after the termination of his/her membership subject to the following:
a. Three (3) months has elapsed from the date of the original termination;
b. The Applicant will need to re-apply (via online) a duly completed Membership Application Form. All downlines under the previous membership will not be reinstated under the Applicant’s new membership;
c. The Applicant will have the entry-level position of a new “Member”.
6. Membership Renewal.
6.1 The Applicant is solely responsible for the renewal of his/her Membership subscription on or before the month of expiry, failing which the Membership shall duly expire on the expiry date of the Membership.
7. Buy Back Policy.
7.1 Provided the Applicant made purchases in reasonable amounts that may be sold or consumed, goods purchased that are returned within Six (6) months of purchase and are of merchantable and re-saleable condition may be refunded at the Applicant’s personal written request. The products returned must be in its original packaging, unopened and have at least a product shelf life of Nine (9) months. The Company reserves the right to enquire as to the circumstances of the original purchase, including unreasonable quantity, efforts in promoting and selling of the purchased products. The Applicant shall render full co-operation in such enquiries and any wilful failure to do so shall be a valid ground for the Company to reject such refund requests.
8. Product Returns and Refunds.
8.1 Pursuant to Clause 7 (Buy Back Policy) above, the product refund will be made within Thirty (30) days from the date the product returns request were approved by the Company. The amount refunded will take into account (deducting) whatever bonuses paid out (for the purchases made earlier) and Ten Percent (10%) administration fee imposed based on the product invoice amount.
9. Product Quality Issues.
9.1 All Company product quality issues must be referred to the Company Customer Service Department within the soonest time possible by completing the “Product Complaints Form” via the Company official website. The Company views such matters seriously and will do its best to resolve complaints pertaining to the quality of its products. Complaints must be accompanied with proof of purchase, a clear explanation as to the complaint and any pictures thereto will be helpful.
10. Assurance and Undertaking.
10.1 The Applicant herein assures and undertakes the following:
a. In presenting the Rewards Plan to others, the Applicant shall truthfully and honestly illustrate the earning potential and will make no specific representations of earnings and/or income guarantees to prospects.
b. In promoting and selling, the Applicant shall honestly and truthfully represent the quality, value and performance of Company products and shall not make any representations/claims about the products beyond that is shown on product labels and/or official company literature.
c. To ethically conduct himself/herself in a professional manner when promoting to others of the Company’s products, its business model and the Rewards Plan.
d. To Not “line-switch” an existing member by re-registering him/her again under his/her/another Company membership group network by using the name of another person or entity. Any member found doing so will have his/her membership suspended and/or terminated by the Company.
e. To Not entice any Company member either directly and/or indirectly by registering as a member into another direct selling company which is considered a competitor of the Company.
f. To Not make any disparaging/negative remarks against the Company, its Management, products and/or Rewards Plan. The Company will not hesitate to exercise immediate suspension and/or termination of such person/s’ membership, found doing so. The Company further reserves the right to institute legal action against such person/s.
g. To Not advertise, promote and/or sell the Company products below the stipulated Company pricing, either directly or indirectly via any e-commerce platform, social media and/or other marketing channels.
11. Membership Disciplinary Action.
11.1 The Company reserves the exclusive right to suspend and/or terminate the Applicant’s membership at any point in time if the Company finds or, is of the view or has reason to suspect or believe that the Applicant has infringed the Membership Terms and Conditions herein, the provisions of the Company Rules & Regulations/Policy, the Rewards Plan, all laws where the Applicant is domiciled or where the Company is operating in.
11.2 Pursuant to Clause 11.1 above, the Company reserves the exclusive right to withhold payment of any Rewards, incentives and/or benefits due under the suspended/terminated membership.
11.3 The Company further reserves the right to institute any form of legal redress, suit, claim, demand and/or seek injunctive relief against the Applicant for losses, damages sustained as a result of the Applicant’s breach, infringement and /or non-compliance herein.
12. Intellectual Property.
12.1 The Applicant agrees that any published materials, brochures, catalogues and/or magazines bearing the Company’s logo, trade name and/or trademark are the intellectual properties of the Company. Any reproduction of the said intellectual properties, including but not limited to screenshots, images or video of such properties, without the Company’s prior written approval is strictly prohibited.
12.2 The Applicant further agrees that any usage of the Company’s intellectual property shall be subject to the Company’s approval and must be in accordance to the Company’s Rules Regulations and/or its Policies.
13. Personal Data Protection Policy.
13.1 The Company’s Personal Data Protection Policy (hereinafter referred to as the “this Policy”) applies to personal information of the Applicant collected, retained and stored by the Company. The Company will only process the Applicant’s personal data in accordance with the provisions of the Personal Data Protection Act 2010 (herein after referred to as the “PDPA”) and its Regulations or any amendments/re-enactments made from time to time thereto.
13.2 The Applicant acknowledges and authorises the Company to use his/her personal data for the registration of his/her membership, payment of monthly bonuses, dissemination of company promotional materials and all other Company membership matters.
13.3 Pursuant to Clause 13.2 above the Company in its discharge of responsibilities/obligations towards members, may appoint third parties to provide such services for its members.
13.4 In accordance with the provisions of the PDPA, the Applicant herein assures and undertakes to keep such personal data of his/her downline members and/or such other members in their membership network in strict confidence. The personal data shall not be disclosed either directly or indirectly to third parties for any reason whatsoever.
13.5 The assurance and undertaking outlined in Clause 13.4 above shall continue to have binding effect during and thereafter the determination of the Applicant’s ECentra Membership.
14. Access and Use of Company Website.
14.1 Access to the Company’s official website inclusive of secured areas thereto, is granted exclusively to registered members. In which at the point of registration, new members are able to create their own passwords to gain access and perform secured transactions.
14.2 Pursuant to Clause 14.1 members shall keep in strict confidence their password details and not disclose them to third parties either directly or indirectly, who are regarded as unauthorized individuals. Unauthorized individuals gaining access/attempting to gain access into the Company’s official website inclusive of secured areas thereto, shall be liable and prosecuted.
14.3 Users of the Company website shall adhere to the Website’s Terms and Conditions of Use stipulated thereto, which will form as an Addendum to the Terms and Conditions hereto.
15. Amendments.
15.1 The Company reserves the exclusive right to amend, vary, delete and incorporate such other terms and conditions as it deems fit at any point in time without having to assign any reason thereto. Such changes shall take effect as of the date stipulated by the Company on its official website.
16. Waiver.
16.1 Any waiver by the Company of any breach of the Terms and Conditions of this Agreement shall be not be construed as a waiver of any subsequent breach by the Applicant.
17. Invalidity.
17.1 If any provision of this Agreement is held to be invalid and/or unenforceable, such provisions shall be revised only to the extent necessary to make it enforceable, the remaining provisions shall continue to remain valid and binding.
18. Governing Laws.
18.1 The Parties hereto agree that this Agreement and any documents executed or to be executed in connection herewith shall be construed and governed by the laws of Malaysia. Parties further agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia.