ASIA MOBILE COMMERCE PRIVILEGE (M) SDN BHD

TERMS & CONDITIONS

These are the Terms and Conditions of membership, including without limitation, the products, services, information and software provided by The Company. Please read them entirely. By participating in the business of The Company and using the Website and SMS Ordering System, you are deemed to have accepted and agreed to comply with these Terms and Conditions.

By accepting these Terms and Conditions, a Member is deemed to expressly understand and agree that the use of the Website, SMS Ordering System and the products and services of The Company is entirely at his/her own risk. The Website, SMS Ordering System and the products and services of The Company are provided on 'as is' and 'as available' bases. Except when they are explicitly specified, The Company disclaims, to the fullest extent permitted by law, all guarantees and promises, whether expressed or implied, including but not limited to guarantees of merchantability, fitness for any particular purpose and non-infringement of proprietary rights.

Membership Requirements

‘MyMode’ is the brand name of Asia Mobile Commerce Privilege (M) Sdn Bhd.

1. Membership is open to any individual above the age of 18, regardless of gender, race, ethnicity, nationality, religion or sexual orientation. A person becomes a Member upon receipt, approval and registration of his application.

2. Applicants wishing to apply for corporate registration must submit and attach a certified true copy of Form 49, Form 24 or Form D directly to the Head Office.

3. Each Membership application shall be subjected to the Company’s final approval.

4. True, accurate, complete and current information must be provided in the SMS sign-up, showing that the applicant is not an existing Member. The Company only allows one membership per individual. By submitting the SMS, the applicant agrees to comply with all local, state, provincial, federal or regional legal restrictions that may be applicable to his membership. In the event that after any period of time, all or any portion of the information submitted during application is no longer true, accurate, complete or current, the Member must ensure that The Company is informed of the changes so that its records can be updated.

Status of Member

5. MyMode Members are deemed to be independent contractors, and shall operate their membership as independent dealers/distributors of products and services marketed by MyMode. Members shall not be deemed to be partners, representatives, legal or otherwise, franchisees and/or employees of MyMode.

Membership Procedures

6. To become a MyMode member, one has to pay the MyMode Membership Fee which is non-refundable by any means. Each Member will be using his/her mobile phone number as Member ID and   setting his/her own password, which will grant him/her access to the Member   Area and SMS Ordering System via the mobile phone to order products and   services of The Company. It is the responsibility of the Member to protect the   confidentiality of his/her account information and password.

7. A MyPoints Statement will be considered inactive and will be temporarily suspended if the Owner does not perform any transaction for a consecutive period of 6 months. Reactivation of the inactive MyPoints Statement can be done by the Member’s introducer and 1 MyPoints will be deducted from the introducer’s MyPoints Statement.

8. Sales incentives are only payable to active MyPoints Statements only. Inactive MyPoints Statements will not be eligible to the sales incentives.

9. The Company’s service allows you to purchase and check information using Short Messaging Service (SMS) through the SMS Ordering System. You are responsible for all charges incurred if you accidentally erase, replace or delete one of the Items by receiving another Item or otherwise.

10. The Company will directly deduct 0.20 MyPoints from the Members’ MyPoints Statement for every message reply, EXCEPT new member sign-up, new Mobilepreneur sign-up, upgrading to Mobilepreneur, withdrawal and purchase of products.

11. The Company will directly deduct 2 MyPoints from the Members’ MyPoints Statement as an administration fee for every withdrawal.

12. The Company will charge RM1.00 for printing of statement or report.

13. After receiving your request via SMS, The Company’s SMS Ordering System will send the reply message together with your request item. If your request via SMS is insufficient or incorrect, or if The Company for any other reason considers it necessary, The Company has the right to decline from sending the Item to you without further notice.

14. In the event that an SMS sent to The Company’s SMS Ordering System contains mistakes or is of the wrong format, a penalty charge will be imposed. The Company will automatically deduct 0.20 MyPoints from your MyPoints Statement per reply.

15. The airtime reload cards, which can be purchased through the SMS Ordering System, are non-transferable upon activation and non-refundable.

16. The Company will not be responsible for any loss arising from the incorrect use of the airtime reload cards.

17. The Company will impose a minimal cost on marketing materials supplied to the Members. The delivery cost of the marketing materials is fully borne by the Members.

18. The Company reserves the right to deny, suspend or terminate any Member's access to any or all of its products and services at any time for any reason whatsoever, without the obligation to provide cause for termination or notice in advance.

19. Any personal information provided to The Company via the Website or SMS is maintained as private and confidential, and is only accessible by The Company, its related corporations and affiliates. Certain information may also be used by The Company in some or all of the following ways:

a) To enhance the user-friendliness of the Website i.e. you do not have to enter the same information during repeat visits.

b) To help you find the services and products you need more quickly.

c) To inform you of services and product updates, product availability status, new products and other related information.

d) To send materials to you for marketing purposes.

e) To help our advertisers deliver better targeted advertisements through anonymous click stream data.

20. The Company will not disclose any information about any individual user except to comply with applicable laws or requests or directives from any regulatory, authority or Governmental body or agency or other valid legal processes, or to protect the personal safety of users or the public.

Membership Renewal

21. Members will be charged an Annual Fee of 5 MyPoints. The Fee will be automatically deducted from the Member’s MyPoints Statement. The Annual Fee, however, will be waived if the Member spends an accumulated minimum amount of 1000 MyPoints in a period of twelve months.

Members’ Responsibility

22. A Member is entirely responsible for any damage or liability arising from the use or misuse of his/her Member Area or SMS Ordering System. Members must notify The Company immediately of any suspicion concerning unauthorised entry into the Member Area or any breach of security detected.

23. Members must not upload onto the Website, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable.

24. A Member must not attempt to restrict any other user from using the Website or SMS Ordering System to purchase The Company's products and services.

25. A Member must not use any copyrighted, trademarked, patented or service-marked material without the expressed permission of the author or owner. Ensure at all times that the use of software, information or material is guarded against computer virus, corrupted data or any other harmful or damaging component.

26. A Member must not impersonate or pretend to represent any person or entity, including, but not limited to a Company official, forum leader, guide or host, or forge anyone else's digital or manual signature, or attempt to gain unauthorised access to The Company's or any other person's data.

27. In the event of a Member’s failure to be responsible for any of the matters as well as violation of any other part of these Terms and Conditions, The Company reserves the right to suspend its services to the Member or terminate his/her membership or lock or deactivate his/her MyPoints Statement at any time and not refund any balance of MyPoints in his/her MyPoints Statement, and refrain him/her from using the SMS Ordering System without prior notice.

28. Members shall be responsible for providing information about The Company’s business concept and the products and services in a forthright and thorough manner. It is the Members’ responsibility to generate the right information regarding the Company’s products and services.

29. Members must at all times maintain the image and reputation of The Company. A Member is also responsible to preserve the goodwill of The Company.

30. A Member shall be responsible for providing a thorough clarification of The Company’s products when conducting product demonstrations.

31. A Member shall be responsible to ensure that he/she is adequately trained on the business concept that The Company has devised.

32. A Member must use his/her best endeavours to carry out his/her business diligently.

33. A Member must not tarnish the reputation of other Members as a means to draw the other party’s Members.

34. A Member must not provide misleading or incorrect information about The Company’s business concept to gain benefit for himself/herself.

Revision Of Agreement

35. The Company reserves the right to revise these Terms and Conditions anytime at its own discretion. Any change to the Terms and Conditions will be posted on the Website and is deemed to be effective from the date that it is posted. A Member’s continued use or patronage is deemed to signify his/her acceptance of the revised Terms and Conditions. It is the Member’s responsibility to ensure that he/she is aware of any such change by frequently checking the Website.

Force Majeure

36. Neither party shall be responsible for delays or failures in performance resulting from acts or circumstances beyond the reasonable control of such party, provided that such party makes all commercially reasonable efforts to correct such delays or failures.

Miscellaneous

37. These Terms and Conditions constitute the entire Agreement between a Member and The Company. They supersede all prior communications or proposals, whether electronic, oral or written, between the Member and The Company with respect to the use of the Website and the products and services of The Company. A Member may also be subjected to additional terms and conditions when he/she uses certain products and services.