A Member shall observe all terms, conditions and procedures stated in the Business Rules and Regulations and those which are stipulated hereunder: 1. The applicant should have attained Eighteen (18) years of age. 2. An applicant is required to purchase an Entry Package of Bio-Young products; fill up the Membership Application Form duly and submit to BIO-YOUNG. 3. Membership will be confirmed only upon receiving the Acceptance Letter from BIO-YOUNG. 4. A Member is required to maintain a minimum monthly purchase of 2 PV set as per the BIO-YOUNG incentive plan, for monthly bonus entitlement. 5. A Member hereby authorizes BIO-YOUNG to automatically deduct his/her bonus (under the Auto Maintenance Plan) to fulfill his/her personal maintenance qualification for the current month, if there is sufficient bonus amount of RM252 and above; and the products will be delivered to Member by courier service. 6. It is the Member's responsibility to monitor his/her personal monthly maintenance of 2 PV for bonus entitlement. 7. Bonus will be paid to Qualified Members by online transfer on the 7th of the following month. Should the bonus date fall on a Public Holiday, bonus will be paid on the following working day. A RM2.00 bank charge will be imposed on every transaction. And a deduction of RM10.00 from the bonus will be contributed towards PIF Charity & Dream Fund. 8. It is an expressed term that a Member shall act as an independent contractor of BIO-YOUNG in all transactions. 9. It is an expressed term herein that a Member shall also be bound by all the terms, conditions, rules and regulations embodied in the Business Rules and Regulations (herein after referred to as BIO-YOUNG Business Rules and Regulations), and BIO-YOUNG shall be entitled, from time to time, to alter, modify, amend or add to the regulations, the terms and conditions stated herein for time being in force. 10. This agreement shall be governed by the laws of Malaysia.
BIO-YOUNG BUSINESS RULES AND REGULATIONS (01/09/2013) SECTION 1 : DEFINITIONS 1.1 The Company: Refer to as Bio-Young (M) Sdn. Bhd. 1.2 PV: Refer to as Point Value. A value that is attached to every product, used to measure the qualification of a Member and Monthly Bonus Calculation. 1.3 Member: An individual or entity that has been accepted for membership by the Company. 1.4 Effective/Qualified Member: Member that has maintained the minimum monthly personal purchase of 2 PV to qualify for bonus entitlement. 1.5 Agreement: Documents include this Business Rules and Regulations, the Incentive Plan, and the Terms & Conditions stated in the Membership Application Form. 1.6 Auto Maintenance: The company will automatically deduct a Member's bonus to fulfill his/her personal maintenance qualification for the current month if there is sufficient bonus to be deducted. 1.7 Bonus: A commission earned by a Member following the Incentive Plan. 1.8 Starter Pack: A product pack order required to participate in the Bio-Young Incentive Plan. 1.9 Sales Tax: Governmental imposed taxes on the sale of products; include Government Sales Tax (GST), Value Added Tax (VAT) and /or any other government taxes related to the sale of products. 1.10 Referral: A Member who personally refers an individual or entity for membership in the Company. 1.11 Network: The Company membership network. 1.12 Products: The Company's products. SECTION 2: BECOMING A MEMBER 2.1 The applicant should have attained Eighteen (18) years of age. 2.2 The applicant must correctly complete and submit the Membership Application Form to the Company. The Company reserves the right to accept or reject the Application. 2.3 An applicant is required to purchase a Starter Pack to be a Member. 2.4 Membership will be valid only upon the confirmation by the Company. 2.5 Applications by a partnership, corporation or other legal entity are required to submit the following documents: 2.5.1 The name of each participant and be signed by all participants of the Corporation 2.5.2 A copy of the business registration, directors' information must be submitted to the Company together with the Membership Application Form. 2.6 The corporation may delegate its responsibilities to an appointed representative, but is ultimately responsible for insuring compliance with the Agreement and applicable laws and regulations. SECTION 3: MEMBER’S DUTY AND RESPONSIBILITIES 3.1 Member shall act as an independent contractor of the Company. 3.2 Members are responsible to declare their incomes earned from the Company, to the income tax department of their country of residence. 3.3 Member is required to maintain the minimum monthly personal purchase set as per the Company Incentive Plan, for monthly bonus entitlement. 3.4 Member hereby authorizes the Company to automatically deduct his/her bonus to fulfill his/her personal maintenance qualification for the current month, if there is sufficient fund, and the product will be delivered to Member by courier service. 3.5 Member is responsible to monitor his/her personal purchase for bonus entitlement. 3.6 Members are not permitted to make any verbal or written claims on the Company's products, unless such claims are pre-approved by the Company. 3.7 Medical claims on the products are strictly prohibited. SECTION 4: SPONSORING 4.1 When offering the Company's program to prospects, Members are required to present the program entirety, without omission, distortion or misrepresentation. Any misrepresentation made by a Member in connection with the Company's program is prohibited and may result in the termination of the Membership. SECTION 5: TRANSFER OF MEMBERSHIP 5.1 A Member may write in officially to the Company to transfer his Membership to another person. Transfer of membership is subject to approval of the Company. The Company reserves all right to reject the request of membership transfer. 5.2 A Member is permitted to Will their membership's benefits to his/her beneficiaries in the Will. The Will must be deemed valid and legal. 5.3 Transfer of Membership will only be effective upon receiving written approval and consent of the Company. SECTION 6: CONFIDENTIAL INFORMATION 6.1 All Members' information (hereinafter referred to as the "Database") are confidential and are the proprietary property of the Company. The Member acknowledges that the Company has a legal right and interest to protect this valuable asset. 6.2 Members are not allowed to utilize the Database for the benefit of any other businesses and/or of any third person or entity. 6.3 That any dispute of Section 6.2 above, is treated as a violation of the Agreement, which will lead to termination of Membership. 6.4 The Company reserves all rights to pursue all appropriate remedies under the Malaysia or local laws to protect its rights to the above-stated proprietary property and trade secret information covered by the Database. Any failure to pursue any applicable remedies will not constitute a waiver of those rights. SECTION 7 : TERMINATION OF MEMBERSHIP 7.1 Membership will be terminated if a Member breaches the Terms & Conditions, Rules & Regulations set forth in the Agreement. 7.2 A Member may write in officially to the Company to request termination of his/her membership. 7.3 A Member is eligible to re-apply to be a Member any time after the termination of membership, but the original network members are not transferrable. SECTION 8: PRODUCT ORDERING & SHIPPING 8.1 Product ordering can be processed by: 8.1.1 Online shopping cart; 8.1.2 Phone call; 8.1.3 Fax; 8.1.4 In person at the Company. 8.2 Payment can be made by: 8.2.1 Credit card (Visa & Master cards only); 8.2.2 Online transfer; 8.2.3 Cash 8.3 Products will be shipped to Member by courier services within 3 working days from the date of receipt of full payment. 8.4 Products will be shipped according to the delivery address provided by the Member. If the address is incorrect, the Company is not responsible for the loss of products. 8.5 If the products returned are due to incorrect address provided by the Member, the Member is required to pay all costs of shipping to fulfill that order. 8.6 Free delivery for products to be shipped within West Malaysia. 8.7 Shipping cost will be imposed for deliveries out of West Malaysia. 8.8 All Sales Taxes, if any, will be borne by the Member. 8.9 Member is responsible to verify the condition of the product upon receipt. Should damage be discovered, Member shall contact the Company within three (3) working days of receipt of the order. 8.10 Member shall not order any product for inventory unless seventy percent (70%) of the previously ordered inventory has been sold or consumed. 8.11 The Company will not refund on any products previously certified as sold under the seventy percent (70%) rule stated in 8.10 above. 8.12 Purchase of sales materials is not refundable. SECTION 9: PRODUCT GUARANTEE AND RETURN POLICY 9.1 Company guarantees the quality of its products. Member may return the product to the Company if there is any manufacturing defect with the products. 9.2 Company accepts exchange of products, provided the product is in saleable conditions and at least 6 months from the date of expiry. An administration fee of 10% on the product value will be charged on product exchange. 9.3 The price of the products to be exchanged must be higher than the exchange products. 9.4 The Company accepts return of products, subject to the seventy percent (70%) rules stated in 8.10 above. 9.5 The Company shall deduct whatever bonuses paid out for the products, plus a 10% administration fee. The remaining amount will be refunded to the Member within fourteen (14) working days from the date of return. 9.6 In no event shall the Company refund shipping expenses for the delivery or the return product. SECTION 10: COPYRIGHT 10.1 Members shall not use or misuse of the Company's name, likeness or logo in print or electronic media without the written consent of the Company. 10.2 Members shall not duplicate the Company's literature, printed materials, website contents, product pictures etc. without the written consent of the Company. 10.3 Member shall not utilize the name of Bio-Young or PIF Network in any URL. 10.4 Member shall defend and hold the Company harmless from any claim damages, or liability arising out of a Member's advertising, promotional materials, or statements that may be illegal and or claims not approved by the Company. SECTION 11: CODE OF ETHIC 11.1 All Members shall comply with all country laws relating to the business and shall not engage in any unlawful or illegal trade practices. 11.2 Members shall conduct their businesses in the highest standards of honesty, integrity and responsibility. 11.3 The act of spamming is strictly prohibited. Members shall not send massive amounts of email promotions or advertisement to people that have not asked for it. 11.4 Members shall sell the Products at Company's recommended price. Price undercutting is strictly prohibited. This will lead to termination of Membership. 11.5 Members shall not offer gifts to customers with value more than 5% of the Products retail price. SECTION 12: GENERAL PROVISION 12.1 The Company shall be entitled to alter, modify, amend or add to the regulations embodied in the Business Rules and Regulations and all the terms and conditions stated in the Agreement. 12.2 The Agreement shall be governed by the laws of Malaysia. 12.3 The Company will not be responsible for delays or failures in its obligations due to circumstances beyond its reasonable control, such as war, strikes, riots, fire, flood, earthquake and any other natural disasters, or government decrees or orders.