| |
| Applicants
wishing to apply for membership with COSWAY may do so under their
own individual name or under the name of a business or company registered
under the 'Suruhanjaya Syarikat Malaysia.' |
| (a) |
Applicants
wishing to apply for membership under the individual category must: |
| |
(i)
|
be at least 18 years of
age; and |
| |
(ii)
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not be an undischarged
bankrupt. |
| (b) |
Applicants wishing
to apply for membership under the name of a business or registered
company must: |
|
(i)
|
submit copies of the company's
registration, Form 24 and 49 to COSWAY informing COSWAY of the list
of directors and shareholders. |
| |
|
| Each COSWAY
membership application shall be subjected to the COSWAY's final approval. |
| 1. |
The applicant
may be registered upon payment of the membership registration fee,
either at COSWAY's principal office in Kuala Lumpur or at any appointed
COSWAY Sales Centre subject to the applicant's acceptance of the Membership
Terms and Conditions stated hereunder. |
| 2. |
Subject always
to Clause 15 hereunder, an applicant shall be entitled to only one
membership at any one time: |
|
(a)
|
If a person holds more
than one active membership, the earliest remaining membership shall
supercede all subsequent applications. All such subsequent memberships
shall be deemed to be null and void, and the joining fee(s) for the
subsequent membership shall be forfeited. |
| 3. |
COSWAY members
are deemed to be independent contractors, and shall operate their
memberships as independent dealers / distributors of products marketed
by COSWAY; COSWAY members shall not be deemed to be agents, partners,
representative, legal or otherwise, franchisees and/or employees of
COSWAY. |
| 4. |
(a) |
COSWAY members shall be
solely responsible for renewing their memberships on or before the
month of expiry. |
|
(b) |
In the event of any failure,
refusal and/or neglect to renew their memberships as aforesaid, the
membership shall be deemed to have expired. |
|
(c) |
COSWAY members whose memberships
have expired shall be allowed to re-apply to become a COSWAY member
only after one (1) month from the month of expiry. |
| Members'
Responsibilities |
| 5. |
(a) |
COSWAY members shall sell
all products marketed by COSWAY at COSWAY's catalogue prices. |
| |
(b) |
COSWAY members are automatically
entitled to participate in any of the Schemes launched by the Company
and in addition thereto to the benefit of the bonuses payable under
the prevailing COSWAY Bonus Plan. |
| 6. |
A COSWAY member
shall not permit, allow and/or in any manner directly/indirectly participate
in the sale and/or display of any/all products marketed by COSWAY
at other retail counters, stalls or public area, without prior written
approval of COSWAY. |
| 7. |
Members are
not allowed either directly or indirectly to offer free membership,
lucky draws or any other form of inducements or promises to entice
individuals to register as COSWAY members. |
| 8. |
Line-switching
which is defined as re-registering an existing member under the particulars
of another person and getting the member to purchase and sponsor under
the new membership, is strictly prohibited. |
| 9. |
Members are
strictly prohibited from enticing existing COSWAY members into joining
other direct selling companies. |
| 10. |
Other than printed
materials that COSWAY may from time to time supply and/or sell to
COSWAY members, COSWAY members shall not use the COSWAY logo, letterhead,
stationery and/or any other representations of COSWAY without the
prior written approval of COSWAY. |
| 11. |
COSWAY members,
when transacting with COSWAY or COSWAY's Sales Centres shall at all
times furnish and display his/her COSWAY Membership Card. |
| 12. |
COSWAY strictly
prohibits the purchase of products in unreasonable amounts primarily
for the purposes of qualifying for earnings or advancements in the
COSWAY Bonus Plan. |
| 13. |
Members shall
conduct themselves in an honest and ethical manner and shall not in
any way injure, or cause disrepute to COSWAY, COSWAY's name and/or
its affiliated brand names. |
| 14. |
COSWAY members
shall comply with all national, federal, state, provincial, territorial,
or local laws and regulations in the conduct of their businesses. |
| 15. |
(a) |
COSWAY may effect
transfer of the membership of any member concerned to his/her heirs,
assignees or successors-in-title, in the event of any of the following
: |
|
|
(i) |
the demise of the member
concerned; or |
|
|
(ii) |
where the member concerned
has been medically certified to be insane. |
|
(b) |
Members may
in any, of the following circumstances, apply to COSWAY for the transfer
of his/her membership to his/her nominee subject to COSWAY's approval: |
|
|
(i) |
where the member
concerned has furnished sufficient evidence of migration; or |
|
|
(ii) |
under any other special
circumstances and such application being made under this sub-section
subject to approval at COSWAY's final and unfettered discretion. |
| Change
Of Member's Composition |
| 16. |
Any business entity/company
registered as a COSWAY member shall notify COSWAY within 14 days of
any change in the board of directors, partnership, or shareholders.
COSWAY however, reserves the unfettered right to affirm, suspend,
or terminate the membership of such COSWAY members in the event such
change in the composition of its directors, partners or shareholders
is not made known to or is not approved by COSWAY. |
| Cancellation
& Re-Application |
| 17. |
A COSWAY member may cancel
his or her membership by written request, if he or she remains inactive
(i.e. no purchases of COSWAY products, no sales of COSWAY products
and no recruitment of new members) over a period of three (3) consecutive
months. Following receipt of COSWAY's written approval of the membership
cancellation, the COSWAY member concerned may re-apply under a different
sponsor, by paying the prescribed registration fees. COSWAY member(s)
concerned shall have no rights, interests or claims with regard to
the earlier cancelled membership. |
|
Violation of
any of the COSWAY Membership Terms and Conditions may result at COSWAY's
discretion, in one or more of the following disciplinary actions. |
| 18. |
COSWAY may suspend
and/or terminate the membership of any member for any non-compliance,
breach and/or violation of any of the above Terms and Conditions. |
| 19. |
In the event
of the termination of a membership for any reason by COSWAY, the terminated
member's group shall be transferred, or re-adjusted under COSWAY's
sole and unfettered discretion. |
| 20. |
COSWAY shall
be entitled to make necessary adjustments and/or rectification to
the groups and lines as it deems fit and proper. |
| 21. |
In addition
to COSWAY's rights as above, COSWAY further reserves the right to
take any other course of action against any member who has violated
any of the above Terms and Conditions. |
| 22. |
COSWAY may at its own unfettered
discretion and from time to time amend the abovestated Terms and Conditions
as deemed necessary without prior notice to the members. |
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