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Terms of Service

OVERVIEW
This website is operated by Entomal Biotech Sdn Bhd. Throughout the site, the terms “we”, “us” and “our” refer to Entomal Biotech Sdn Bhd. Entomal Biotech Sdn Bhd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, registering as a member/affiliate, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the eu001email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false eu001email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall [Please indicate your store name], our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless [Please indicate your store name] and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Malaysia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [please indicate your contact email address].

 

Affiliate Terms of Service

  1. AFFILIATESHIP
    • Eligibility
      • To become a Affiliate, the applicant MUST be a registered member of ENTOMAL's shopline store
      • To apply for Affiliateship, the applicant shall submit true, accurate, up-to-date and complete information about him/herself. Throughout the duration of Affiliateship, Affiliates are required to maintain and promptly update his/her information to keep the same true, accurate, up-to-date and complete.
      • If the Affiliate terminates his/her Affiliateship in accordance with Section 8.1.2 or 8.1.3, the said former Affiliate may apply to become a new Affiliate under a new line of referrals after the lapse of not less than six (6) months from the date of termination in accordance with Section 8.1.2 or 8.1.3.

For the avoidance of doubt, such new application will only be considered where the former Affiliate’s Affiliateship was previously terminated under Section 8.1.2 or 8.1.3 only and not under any other event of termination.

  • ENTOMAL may accept or reject the application or renewal at its sole discretion.
  • Affiliateship is valid for one (1) year from the date of joining. Any purchase within the validity will auto-renew the account for the following one (1) year. Affiliateship turns inactive after twelve (12) months of zero(0)-purchase. There will be a grace period of ninety (90) days before the account lapses. Purchase can be made within this period to reactivate the account. Lapsed accounts CANNOT be revived.
  • Affiliateship is entitled to purchase ENTOMAL products and services, but is not allowed to hold themselves as representative of ENTOMAL. In case of a breach of these terms and conditions, ENTOMAL reserves the right to cancel the Affiliateship at any time upon written notice and no refund of the previous payments will be issued.
  • The following waiting period applies to those who were a ENTOMAL Affiliate who wish to rejoin as a new Affiliate:
    • Zero (0) days after expiration of your Affiliateship, regardless of who the direct sponsor is.
    • Six (6) months of waiting time if your Affiliateship was terminated (approval will be subjected to ENTOMAL’s final decision)
  1. USERNAME, PASSWORD AND E-PIN
    • In accessing and using certain protected areas of the website, Affiliate will be required to enter his/her Username, Password and/or E-Pin during the login, withdrawal, wallet transfer processes in accordance with the applicable prompts, instructions and procedures. Affiliate shall immediately notify ENTOMAL of any unauthorized use of the Username and/or Password, or any other breach of security. Affiliate is fully responsible for all activities that occur in connection with the use of his/her Username and/or Password and/or E-Pin.
    • Affiliate shall adhere to any and all security guidelines, instructions and/or directions issues by ENTOMAL from time to time relating to the access and/or use of the website services provided therein, including those specified below:
      • The Username, Password and E-Pin shall be kept confidential at all times by Affiliate;
      • The default Password which Company issues to Affiliate upon approval of Affiliateship must be changed immediately on the first login process;
      • The Username, Password and E-Pin are not transferable;
      • The Username, Password and E-Pin must be changed if there is any indication that access security has been compromised (e.g., the Password is known by an unauthorized person);
      • Affiliate shall ensure that he/she does not leave the computer terminal or system unattended whilst Affiliate is online to the website and/or services provided therein. Affiliate must log out from the computer terminal or system after completing his/her access to the website and/or the services provided therein;
      • Affiliate is responsible for his/her own PC anti-virus and security measures to prevent unauthorized access to Affiliate’s information, instructions, transactions and accounts via the website.
      • Affiliate acknowledges and agrees that use of his/her Username, Password and E-Pin are adequate identification of Affiliate. Affiliate hereby authorizes ENTOMAL to act on his/her instruction(s) given via the website and using the aforesaid Username, Password and E-Pin, without having to obtain written or other confirmation from the Affiliate even if those instruction(s) are not actually given or authorized by the Affiliate. All such instruction(s) shall be binding on Affiliate once transmitted to ENTOMAL regardless of whether the instruction(s) were issued by Affiliate or by some other person, whether authorized or not. ENTOMAL will not be liable for any loss or damage suffered or incurred by Affiliate as a result of any misuse of Affiliate’s account and/or unauthorized instructions effected using the Username, Password and/or E-Pin and any other security information required by the website.
  1. LIMITATIONS OF AFFILIATE
    • Each Affiliate is strictly an independent business-person whose success or failure depends on his/her own efforts. Notwithstanding anything to the contrary, there is no joint venture, agency or employment relationship between ENTOMAL and any Affiliate.
    • Subject to the Direct Sales ad Anti-Pyramid Scheme Act 1993, Affiliate does not have the authority or the power to:
      • Bind ENTOMAL in any manner or whatsoever;
      • Create any obligations on the part of ENTOMAL;
      • Enter into any contract in the name of ENTOMAL; or
      • Create any liability against ENTOMAL in any way and/or for any purpose.
    • Affiliate shall not use ENTOMAL’s name, slogans, taglines, logos, symbols and/or trademarks (whether registered, unregistered or pending registration) without the prior written consent of ENTOMAL. Further, Affiliate shall not use such terminology or descriptive phrases or reference like ‘subsidiary, employee, representative and/or agent’ in any of his/her stationery or self-printed materials. Affiliate shall not self-print or use his/her own business cards for his/her business activities hereunder and shall only use such business cards provided by and/or approved by ENTOMAL.
    • Affiliate shall not declare or represent to any party or person that he/she has an exclusive relationship with or has obtained exclusive rights (or any other rights of that nature) from ENTOMAL.
    • No Affiliate shall make any offer of settlement on behalf or otherwise bind ENTOMAL on any claim for damages relating to ENTOMAL’s products and/or services.
  2. RESPONSIBILITIES OF AFFILIATE
    • Affiliate has the responsibility to observe and comply with any statutes, by-laws, and rules and regulations including but not limited to the Direct Sales and Anti-Pyramid Scheme Act 1993 and shall operate his/her business strictly in accordance with the same.
    • Affiliate shall not re-label, re-package or otherwise alter any of ENTOMAL’s products in any way whatsoever. Affiliate shall not at any time change the contents of any Company literature or sales kit.
    • Affiliate must not in any way and at any time whether during his/her Affiliate presentation or otherwise:
      • misrepresent or deviate from the Business Development Plan or otherwise misrepresent the quality or performance of ENTOMAL’s products;
      • make any representations, guarantees, warranties or claims in respect of ENTOMAL’s products other than or beyond those set out on product labels or in official Company literature; and/or
      • mislead prospective consumers/recruits by overemphasizing on disproportionately high bonus payout.

In the event of a breach of this Section 4.4 the indemnity in Section 4.14 below shall apply and without prejudice to any other rights or remedies available to ENTOMAL hereunder or at law. ENTOMAL shall be entitled to forthwith terminate the Affiliate’s Affiliateship in accordance with Section 8.1.1 hereof.

  • Retail sales of products are not allowed in any retail establishment or in any commercial premises. However, if the owners of retail establishments may be a Affiliate, the product or Company literature may be displayed in the said retail establishment, person to person sales between a Affiliate and customer is the essence of multi-level marketing. It is essential that this relationship be conserved and nurtured in the business.
  • No products or business aids can be sold at trade fairs and exhibitions unless prior written approval of ENTOMAL has been given.
  • Affiliate shall comply strictly with all the provisions of the Direct Sales and Anti-Pyramid Scheme Act 1993 and Code of Ethics and shall not engage in any activity which may bring disrepute to himself/herself or ENTOMAL.
  • Upon presenting ENTOMAL’s Business Development Plan to any party or person, Affiliate must make clear that all Affiliates are required to fulfill the qualification and conditions in order to enjoy the bonus.
  • The responsibilities of an introducer are to:
    • Work with and assist new Affiliates;
    • Help them learn the business; and
    • Support and encourage them in achieving success in their business.
  • Affiliate is not permitted to diagnose or prescribe ENTOMAL’s products as a specific treatment for any disease or condition.
  • Affiliate agrees and accepts ENTOMAL all monies due to ENTOMAL’s policy that forbids any purchases of products in large quantities to achieve a level of bonus. Affiliate is only required to purchase products or services in an amount that can be expected to be resold or consumed within a reasonable period of time. Affiliate must not practice ‘front loading’ of products with prospects.
  • Affiliate shall immediately remit to ENTOMAL all monies due to ENTOMAL that are collected and received from consumers, new applications or new Affiliates and shall not in any event hold such monies for more than one (1) business day. The aforesaid remittance to ENTOMAL shall be made in such manner(s) or method(s) as prescribed by ENTOMAL.
  • Throughout the duration of the Affiliate’s Affiliateship hereunder, Affiliate shall not directly or indirectly influence or recruit other Affiliate(s) to join other multi-level marketing companies.
  • Affiliate shall fully indemnify, defend and hold ENTOMAL (including its parent company, holding company, related companies and/or subsidiaries) harmless against any and all claims, demands, suits, actions, judgements, damages, costs, losses, expenses (including legal fees and expenses on a full indemnity basis) and other liabilities whatsoever and howsoever caused that may arise or be incurred by ENTOMAL (including its parent company, holding company, related companies and/or subsidiaries) arising from or in connection with:
    • Breach of any provision for the rules and regulations (including but not limited to a breach of Section 3 or 4 of these Terms and Conditions of Use);
    • Any acts, omissions, defaults or negligence of the Affiliate; and
    • The Affiliate’s mode, method or manner of operation of his/her business.

The foregoing indemnity shall survive the termination of Affiliateship for any reason whatsoever.

  1. TRANSFER OF AFFILIATESHIP
    • Affiliateship accounts cannot be merged nor combined, it is strictly non-tradable and non-transferrable unless in the event of Section 5.2 below.
    • In the event of the death of a Affiliate: -
      • In the case where the Affiliate dies intestate (without a will) or without specifying a beneficiary in the system, Affiliateship may be transferred to his/her next of kin(s) subject to mutual consent of both ENTOMAL and the next of kin(s) and provided that the Letters of Administration have been obtained; or
      • In the case where Affiliate dies testate (with a will) or specifies a beneficiary in the system, Affiliateship may be transferred to his/her beneficiary subject to mutual consent of both ENTOMAL and the beneficiary and provided that the Grant of Probate has been obtained. It is the Affiliate’s sole responsibility to notify ENTOMAL in writing of any changes to the beneficiary specified in the Affiliateship application form. In the event the beneficiary specified in the system (or last beneficiary notified to ENTOMAL in writing) is different from the beneficiary named in the will, the beneficiary specified in the system (or last beneficiary notified to ENTOMAL in writing) shall be considered by ENTOMAL to be rightful beneficiary for purposes of the Affiliateship transfer hereunder, unless otherwise directed by the Courts.
  1. BONUSES AND INCOME
    • Notwithstanding anything to the contrary, all Affiliates are not guaranteed of any income, bonuses or assured of any success. Success will only come from hard work and from individual efforts. All bonuses will be paid except if there is a law or court order restraining or prohibiting such payments.
    • A Affiliate will be fully responsible for all costs and expenses incurred in relation to Affiliate’s business and for all his/her income tax and other taxes (if any).
    • ENTOMAL shall reserve the absolute right to deduct or set-off without notice, at any time, any or all monies owing by the Affiliate to ENTOMAL from any bonuses due to the Affiliate.
    • All incentives, bonuses and awards that are offered by ENTOMAL are valid and redeemable only while the Affiliateship is in force and effect.
    • Any dispute or discrepancy in the bonus calculation or claim of non-receipt of bonus must be brought to the attention of ENTOMAL in writing within forty eight (48) hours from the bonus calculation date, failing which the bonus calculation shall be deemed correct and the bonus duly received.
    • All Affiliates are strongly advised to operate a savings/current account with a bank or banks nominated by ENTOMAL to ensure smooth receipt of bonus payments.
  2. RULES GOVERNING THE USE OF TRADEMARK, TRADE NAME AND COPYRIGHTED MATERIALS
    • Unless otherwise indicated, all intellectual property rights (including but not limited to trademarks and copyright) subsisting in and/or arising from ENTOMAL’s name, domain name, trademark, trade name, logo, symbol, slogans, taglines, documents, sales kits, brochures, literature, business development plan, business plan, business models, forecasts, methodology, information, date, customer detail, processes, procedures, know-how, tools and all other materials provided by ENTOMAL or made available to the Affiliate; shall belong to and remain the property of ENTOMAL (or its designee).
    • Unless otherwise expressly permitted hereunder or with the prior written consent of ENTOMAL, Affiliate shall not use (whether directly or indirectly) any of ENTOMAL’s rights referred to in Section 7.1.
    • Trademarks and the trade names identify a company’s business and its products and distinguish it and its products from all other companies and their products. Therefore, such trademarks and trade names must be protected to keep imitators from using the same trademarks and names and thus confusing the general public.
    • Without prejudice to the generality of Section 3.3, 4.5 and 7.1, Affiliate shall not use ENTOMAL’s name, trademark, logo, symbol or trade name on any of his/her cheques or other documents/stationery.
    • Unless with the prior written consent of ENTOMAL, Affiliate shall not produce or procure from any source (other than ENTOMAL) any premium give-away items, stationery or promotional literature of any kind upon which ENTOMAL’s name, trademark, logo, symbol or trade name is imprinting or which describes the characteristics of ENTOMAL and/or its products.
    • All self-printed documents and material provided or made available by ENTOMAL are copyrighted and may not be reproduced in whole or in part by a Affiliate or other persons except with the prior written consent of ENTOMAL.
  3. ENFORCEMENT OF RULES AND REGULATIONS
    • Termination
      • Without any prejudice to any other rights or remedies available to ENTOMAL hereunder or at law, ENTOMAL reserves the right to terminate the Affiliateship, with immediate effect: -
        • Subject to Section 5.3, if Affiliate dies.
        • If ENTOMAL is of the opinion that the Affiliate is or has become of unsound mind and/or the Affiliate’s ability to participate in the business and/or comply with the rules and regulations (or part thereof) is or has become impaired.
        • If the Affiliate violates or breaches any statutes, by-laws, and rules and regulations.
        • If ENTOMAL is of the opinion that the Affiliate and/or his/her spouse (whether or not the spouse is a registered Affiliate) is found to be in violation or breach any statutes, by-laws, and rules and regulations (or part thereof); or
        • If a Affiliate is found to be directly or indirectly influencing other Affiliate(s) to join other multi-level marketing companies or directly or indirectly recruiting other Affiliate(s) for other multi-level marketing companies.

Notwithstanding anything to the contrary, Affiliate acknowledges and agrees that ENTOMAL’s decision in any matters set out in Section 8.1.1.1 – 8.1.1.5 shall be final, conclusive and binding.

For the avoidance of doubt, in certain circumstances where ENTOMAL considers at its absolute discretion that the violation of any statues, by-laws, and rules and regulations is very serious (including but not limited to, where Affiliate has made misrepresentations regarding ENTOMAL, its products of business), ENTOMAL may terminate the Affiliateship immediately even in the absence of a formal report from a Affiliate or the filing of a formal complaint.

  • Termination within ten (10) working days from sign up date:
    • A Affiliate may terminate his/her Affiliateship within ten (10) working days from the effective date of registration by giving notice in writing to ENTOMAL. In the event of such termination, the following shall apply:
      • ENTOMAL will refund Affiliate the purchase fees paid by Affiliate to ENTOMAL, if any;
      • The provisions of Section 10 herein shall apply;
      • The Affiliate shall immediately return to ENTOMAL the purchased goods; and
      • All or any bonuses accruing to the Affiliate and the said Affiliate’s upline shall be automatically revoked/cancelled and become null and void and all bonuses already paid/credited to the said Affiliate’s upline will be deducted from the immediate upline’s and upline’s and in no event will the Affiliate or the said Affiliate’s upline be entitled in any way to claim such bonuses.
    • Termination under Section 8.1.2 is only applicable if the Affiliate has not commenced business and has not sponsored any downlines. A Affiliate account who has commenced business and sponsored any downlines will not be eligible to terminate his/her Affiliateship under the said section.
  • Termination after dormant for six (6) consecutive months:
    • A Affiliate may terminate his/her Affiliateship by giving at least seven (7) Business Days’ notice in writing to ENTOMAL if Affiliate remains dormant for a period of six (6) consecutive months. For avoidance of doubt, the term ‘dormant’ aforementioned means that there is zero income in the business development plan.

For the avoidance of doubt, Affiliate shall not be entitled to terminate his/her Affiliateship, save in the manner set forth in this Section 8.1.2 and 8.1.3.

  • Upon termination of Affiliateship, the following provisions shall apply:
    • Affiliate shall immediately remit to ENTOMAL all monies due to ENTOMAL that are collected and received from consumers, new applicants or new Affiliates and for any uncollected monies due to ENTOMAL. Affiliate shall immediately collect such monies and remit the same to ENTOMAL.
    • Affiliate shall immediately cease to describe himself/herself as a Affiliate and take all necessary steps to disassociate himself/herself from ENTOMAL.
    • Affiliate shall cease any use of ENTOMAL’s proprietary materials, including but not limited to, Company literature and sales kit.
    • If Affiliateship is terminated in accordance with Section 8.1.1.3, 8.1.1.4 or 8.1.1.5, the said Affiliate and/or her spouse shall not be allowed to re-apply as a Affiliate permanently.
    • If Affiliateship is terminated in accordance with Section 8.1.1.3, 8.1.1.4 or 8.1.1.5, any and all funds, income and/or bonuses which the Affiliate is entailed to prior to or at the time of termination may be forfeited or refunded or otherwise dealt with in any manner at the sole and absolute discretion of ENTOMAL and ENTOMAL’s decision shall be final, conclusive and binding;
    • If Affiliateship is terminated in accordance with Section 8.1.1.2 or Section 8.1.2 or 8.1.3, any and all funds, income and/or bonuses which the Affiliate is entailed to prior to or at the time of termination shall be paid/refunded to the Affiliate and in the case of termination in accordance with Section 8.1.1.2 or 8.1.3, after deducting any and all outstanding fees and/or charges owing to ENTOMAL; and
    • If Affiliateship is terminated in accordance with Section 8.1.1.1 any and all funds, income and/or bonuses which the deceased Affiliate is entitled to prior to or at the time of termination shall, subject to Section 1.3, be paid/refunded to the Affiliate next of kin(s) or named beneficiary (as the case may be) after deducting any and all outstanding fees and/or charges owing to ENTOMAL.
  • Probation
    • If the Affiliate has violated or breached any statues, by-laws, and rules and regulations or any of the event in Section 8.1.1 occur, then as an alternative to termination in accordance with Section 8.1.1, ENTOMAL may at its absolute discretion place a Affiliate on probation. Probation is instituted in order to curb further violations or breaches by the Affiliate and/or his/her group. At the same time, mandatory reorientation program may be imposed upon the Affiliate and/or entire group.
    • For avoidance of doubt and notwithstanding anything to the contrary, ENTOMAL may impose probation on a Affiliate without having to comply with the procedure in Section 8.1.
    • Probation may result in any or all of the following consequences:
      • All payment of bonuses and other incentives may be suspended until further notice and are held in escrow by ENTOMAL throughout the period of probation (‘Probation Period’);
    • ENTOMAL will determine at its absolute discretion after expiry of Probation Period whether the monthly trade volume of the Affiliate on probation is to be counted towards qualification for all Company related bonuses/awards; and
    • The Affiliate on Probation will not be invited to attend seminars/forum and/or any other sponsored events held during the Probation Period even though he/she may have qualified for the same prior to the Probation Period.
    • Lifting Probation:
      • Once ENTOMAL is satisfied that the Affiliate has made a serious commitment to change his/her ways for the better, ENTOMAL may lift the probation and restore the full rights and privileges to the Affiliate concerned. If ENTOMAL is not satisfied that the Affiliate is ready to be restored to his/her full right and privileges, ENTOMAL may at its sole and absolute discretion to either: -
        • Extend the Probation Period and take further corrective action; or
        • Conclude that the probation is a failure and terminate the Affiliateship in accordance with Section 8.1.1.
      • Suspension
        • ENTOMAL may at its sole and absolute discretion suspend a Affiliate (including but not limited to, suspending his/her involvement and participant in the business, his/her accounts with ENTOMAL, his/her rights and privileges and/or the payment of bonuses and/or other incentives to him/her) immediately without liability and compensation whether pending inquiry and/or investigation or otherwise under the below circumstances: -
          • If ENTOMAL receives a report or complaint from another Affiliate or third party regarding the said Affiliate; or
          • If ENTOMAL suspects or has reason to suspect or has determined that the Affiliate has violated or breached any of the any statutes, by-laws, and rules and regulations; or
          • If ENTOMAL suspects or has reason to suspect or has determined that any of the events in Section 8.1.1 has occurred;
          • If ENTOMAL suspects that the Affiliates has committed an act of fraud, cheating, deceit or any other act or conduct of similar nature against ENTOMAL or another Affiliate or any customer.

For avoidance of doubt and notwithstanding anything to the contrary, the duration of the suspension shall be determined by ENTOMAL at its sole and absolute discretion and ENTOMAL’s determination shall be final, conclusive and binding.

  1. COMPLIANCE
    • These Terms and Conditions of Use read together with the Code of Ethics, the Business Development Plan and the standard terms and conditions of Affiliateship set out upon signing up. Any Affiliate who violates any provision any statutes, by-laws, and rules and regulations may have his/her Affiliateship terminated.
    • Every Affiliate is required to familiarize himself/herself with all relevant Statutes, by-laws, and rules and regulations.
  2. CODE OF ETHICS
    • The Affiliate hereby agrees to conduct his/her business in an ethical and professional manner at all times and that:
      • He/she shall abide fully by and support ENTOMAL’s Code of Ethics and the Direct Sales and any other orders, directives, notices, rules, regulations, policies, and/or procedures that may be imposed by ENTOMAL or the Government;
      • He/she shall offer the very best service to his/her consumers;
      • He/she shall conduct himself/herself in a manner that will not bring discredit to his/her group or ENTOMAL and shall uphold the reputation of ENTOMAL at all times; and
      • He/she shall not make any claims in representing any of ENTOMAL’s products other than or beyond those set out on the product labels or in official Company literature or as approved by ENTOMAL in writing.
  1. THE DIRECT SALES AND ANTI-PYRAMID SCHEME ACT 1993

All Affiliates must adhere strictly to the provisions of the Direct Sales and Anti-Pyramid Scheme Act 1993 with special emphasis on their conduct with transacting business.

  • Ten (10) Working Days Cooling-Off Period

Upon the issuance of sales invoice, the customer is entitled to a ten (10) working days cooling-off period (‘Cooling-Off Period’) wherein the customer can change his/her mind as to whether he/she wishes to buy or return the product.

  1. PRICE AND ONLINE PAYMENT
    • Price: ENTOMAL reserves the right to change the product price from time to time. The price is included GST.
    • Payment: ENTOMAL does not keep credit card payment details and accordingly, ENTOMAL will not be responsible or liable for any loss or damage of any kind whatsoever suffered by Affiliate or any third party as a result of any unauthorized access or use of credit card and payment details (including without limitation any unauthorized access or use during the transmission thereof via any network, the Website and designated online payment gateway). Affiliate will remain at all times fully responsible for the security, confidentiality and protection of his/her credit card payment details.
  2. GENERAL
    • These Terms and Regulations of Use read together with the duly completed Online Affiliate Application Form, Code of Ethics and the Business Development Plan constitute the entire agreement between the parties regarding their business relationship and Affiliateship and superseded any prior agreements, representations and understandings (verbal, implied or otherwise) between a Affiliate and ENTOMAL in relation to the same.
    • ENTOMAL reserves the right to change and/or amend:
      • Type, quality and/or prices of the products or availability thereof; and/or
      • Business model and/or the rules and regulations (or part thereof).

whether with or without giving prior notice to a Affiliate.

ENTOMAL will reasonably endeavor to notify active Affiliates of any changes and/or amendments via electronic means (and/or other forms of communication) but it is the responsibility of a Affiliate to check the Website from time to time for any changes and/or amendments. Notwithstanding anything to the contrary, Affiliates continued participation in this business and/or continued access and use of the Website and/or the services provided therein constitute his/her agreement and acceptance of such changes and/or amendments.

  • Failure by ENTOMAL to enforce, at any time, any provision of the rules and regulations shall not be construed as a waiver of its right to enforce the breach of such provision or any other provision or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provision. Any waiver shall be in writing and must be signed by a duly authorized officer of ENTOMAL.
  • The rules and regulations and other instruments referred to herein or issued by ENTOMAL shall be governed by the laws of Malaysia. All disputes arising out of the rules and regulations shall be subject to the exclusive jurisdiction of the Courts in Malaysia but ENTOMAL is at liberty to proceed against a Affiliate in the Courts of any other country where jurisdiction may be established (including the jurisdiction where a Affiliate resides or Affiliate’s place of business is located).
  • Notwithstanding anything to the contrary and to the maximum extent permitted by law, ENTOMAL shall not be under any liability to Affiliate or to any third party in respect of any: -
    • Exemplary, incidental, punitive, indirect or consequential damages or losses, and/or
    • Loss of profits, income or goodwill, loss of business; loss, destruction or corruption of data or communications, loss of anticipated revenue or savings or economic loss; howsoever caused whether in contract, tort, negligence or otherwise, which may be suffered or incurred or which may arise directly or indirectly in respect of ENTOMAL’s products and/or services, the business activities of a Affiliate, the multi-level marketing business hereunder, the Business Development Plan, sales folder and any other materials, information and/or resources provided to a Affiliate pursuant to a Affiliateship (or the performance, use and/or operation of any of the foregoing) or the default, failure or omission on the part of Company to comply with its obligations hereunder and/or any acts or omissions of ENTOMAL (whether negligent or otherwise);

even if ENTOMAL has been advised of the possibility of such damages or losses in advance, and all such damages or losses are expressly disclaimed.

  • Notwithstanding anything to the contrary and the maximum extent permitted by law, if ENTOMAL is found liable by a court of competent jurisdiction or tribunal under or pursuant to the rules and regulation or howsoever arising as a result of ENTOMAL’s products and/or services, the business activities of a Affiliate, the multi-level marketing business hereunder, sales folder and any other materials, information and/or resources provided to a Affiliate pursuant to a Affiliates Affiliateship or the performance, use and/or operation of any of the foregoing, ENTOMAL’s liability to a Affiliate or to any third party for any losses and damages which are attributable to the default, failure or omission on the part of Company to comply with its obligations hereunder and/or any acts or omissions of ENTOMAL (whether negligent or otherwise), shall not exceed, for any claims, actions and causes of action of every kind and nature (including without limitation, breach of contract, tort or negligence), an aggregate amount of bonus actually due and owing by ENTOMAL to a Affiliate as at date such liability accrued.
  • If any provision of these Terms and Conditions of Use (or part thereof) is held to be illegal or invalid under present or future laws or regulations effective and applicable during the continuance of these Terms and Conditions, such provision (or part thereof) shall be fully severable and these Terms and Conditions shall be construed as if such illegal or invalid provision (or part thereof) had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal or invalid provision (or part thereof) or by its severance from these and Terms and Conditions of Use).
  • These terms and conditions shall be written in English, Malay and Chinese. In case there is any discrepancy, the English version shall prevail.
  1. PARTIAL VALIDITY

Should any portion of these Terms and Conditions of Use or of any other instruments referred to herein or issued by ENTOMAL be declared invalid by a court or competent jurisdiction, the remainder of these Terms and Conditions of Use or such rules, applications, or instruments shall remain in full force and effect.

  1. ENTOMAL reserves the right to revise these Terms and Conditions of Use from time to time upon written notice.
  2. While ENTOMAL uses reasonable efforts to include accurate and up-to-date information on this Site, ENTOMAL makes no warranties or representations as to its accuracy. ENTOMAL assumes no liability or responsibility for any errors or representations in the content of this Site.