COSWAY
Cosway


COSWAY PRIVILEGED SHOPPER (“CPS”) MEMBERSHIP TERMS AND CONDITION

INTRODUCTION

  1. These Membership Terms and Conditions ("Terms") govern the relationship between COSWAY (M) SDN. BHD. ("COSWAY") and its members who are Privileged Shopper ("CPS"). As a CPS, you will enjoy all the member benefits of COSWAY without participating in the COSWAY Bonus Plan.

  2. By applying for and maintaining membership with COSWAY, you agree to comply with these Terms and Conditions.

  3. MEMBERSHIP ELIGIBILITY

  4. Applicants must be 18 years of age and above and must ensure that their details provided to COSWAY during membership application or at any time subsequently are correct, precise and updated. COSWAY reserves the right to reject a membership application or terminate a membership, if the application has been approved, at COSWAY’s discretion, should the applicant or member be found to have submitted incorrect, imprecise and outdated details.

  5. If an applicant has immediate family member(s) who is an (are) existing COSWAY member(s), the applicant shall be sponsored by an immediate family member. Immediate family members are defined as spouse, parents, brothers, sisters and children.

  6. Any application in the name of a body corporate, businesses, trusts, partnerships and/or a third party will no longer be accepted as applicants for membership as CPS. COSWAY reserves the right to accept or reject any application without assigning any reason whatsoever.

  7. Membership application can be submitted "online" at our website or "offline" at any of our COSWAY store or Head Office. Upon payment of the annual registration fees and registration of membership details, applicants will be issued a Membership ID Number.

    For both "online" and "offline" registrations, an Online Office ("Profile") will be created for members where members must furnish their mailing and contact details, failing which COSWAY shall not be able to fulfil its membership application policy nor be held responsible in any way for any consequences.

  8. An applicant shall be entitled to only one membership at any one time.

  9. MEMBERSHIP STATUS

  10. CPS members who join COSWAY for the purpose of purchasing products and enjoying member benefits without participating in the earning opportunities of the COSWAY Bonus Plan.

  11. CPS members are independent contractors and shall operate their membership as independent members.

  12. CPS members shall not be deemed to be or represent themselves as agents, partners, representative, legal or otherwise, franchisees and/or employees of COSWAY.

  13. CPS members shall not have the right to negotiate or conclude any contract on behalf of the Company or themselves as having such a right.

  14. CPS members may upgrade their membership status with COSWAY to Business Owner to enjoy COSWAY Bonus Plan and Recruitment Benefits.

  15. CPS membership status transfer to COSWAY Business Owner (CBO) is limited to one-time option only.

  16. MEMBERSHIP FEE, TERM AND RENEWAL

  17. A membership fee may be applicable to CPS and is payable upon registration. COSWAY reserves the right to adjust the membership fee with prior notice to the members.

  18. CPS membership is valid for a period of one year from the date of registration.

  19. CPS members shall be responsible for renewing their memberships on or before the month of expiry.

  20. In the event of any failure, refusal and/or neglect to renew their memberships as aforesaid, the membership shall be deemed to have expired.

  21. CPS members whose memberships have expired may renew their lapsed membership under the same sponsor, only if they do so within Six (6) months from the month of expiry.

  22. CPS members whose memberships have expired past the Six (6) months may reapply for a new membership either under the original or a new sponsor.

  23. CPS BENEFITS

  24. CPS members will enjoy various benefits such as product discounts, monthly promotions, newsletters and all other membership entitlements.

  25. CPS members can view their purchase details and promotional information at COSWAY Online Office. (Please refer to the COSWAY Online Office https://member.cosway.com.my/onlineoffice).

  26. CPS MEMBERS’ RESPONSIBILITIES

  27. CPS membership is personal to the individual and non-transferable.

  28. CPS members must purchase the products directly from COSWAY or through its authorised stores.

  29. MEMBERSHIP CANCELLATION & REAPPLICATION

  30. CPS members may cancel their membership by submitting a written request to COSWAY's Head Office. The member concerned may reapply under a different sponsor only after a cooling-off period of Six (6) months from the cancellation date by paying the full- prescribed registration fees. The member concerned shall have no rights, interests or claims with regard to the earlier cancelled membership.

  31. COOLING-OFF PERIOD

  32. CPS members may withdraw or cancel their membership application within Ten (10) working days from the date of application (Cooling-off Period) by giving written notice to COSWAY and COSWAY shall refund the membership fees.

      (a) Products purchased by members may be returned for a full refund within Ten (10) working days provided their packaging and/or seals are intact (where applicable), their contents are not consumed or used and they are in good marketable condition. This Clause does not apply to intimate wear purchased (due to hygiene reasons) and products offered under the COSWAY Redemption Programme.
      (b) For online orders, the applicable “Cooling-off Period” and/or “Buy Back Policy” commences from the date the product is purchased.

  33. GENERAL

  34. COSWAY may at its own unfettered discretion and from time to time amend the above stated terms and conditions as deemed necessary and any such amendment shall take effect without prior notice to the members.

  35. Any particular waiver by COSWAY of any of the Membership Terms and Conditions or breach of the Terms and Conditions shall not operate or be construed as a waiver for other or any subsequent breaches.

  36. In the event that any clause of the Terms and Conditions is held to be invalid or unenforceable, it shall not render the whole Membership Agreement invalid and unenforceable, and the remaining portion of the Terms and Conditions shall remain in full force and effect.

  37. CPS members shall not advertise COSWAY's products and/or its business plan in any social media and/or online portal without prior written consent from COSWAY.

  38. CPS members shall not duplicate, reprint or personalise any or all of COSWAY's official literature and materials without prior approval from COSWAY.

  39. CPS members are not allowed to market and sell COSWAY’s products in any online portal. CPS members shall not alter, re-label, repackage or rebrand for the purposes of reselling them.

  40. CPS members must not violate or alter or add on any frivolous information about COSWAY's products in any online social media.

  41. This English version of these Terms and Conditions will take precedence over any other versions, and will be governed by and construed in accordance with the laws of Malaysia.

  42. The Bahasa Malaysia and Mandarin translations of these Terms and Conditions may be viewed and/or downloaded at COSWAY's official website: www.cosway.com.my.

  43. As COSWAY is a member of the Direct Selling Association of Malaysia (DSAM), COSWAY members are also bound by the DSAM Code of Conduct. The Code of Conduct can be viewed and/or downloaded at COSWAY’s official website: www.cosway.com.my.

  44. In accordance with the Personal Data Protection Act 2010, all personal data disclosed to COSWAY by CPS is strictly meant for membership registration purposes, mailing of Company’s newsletters and for communication of other promotions in line with the Company’s business. To effectively do so, the Company may disclose member’s personal data to other parties/contractors in which they will assure to safeguard your personal data.

  45. Kindly contact us via our Message Centre (visit www.cosway.com.my) within Fourteen (14) days from the registration date if you are not in agreement for the Company to disclose your personal data in the manner stated above. Otherwise, you are deemed to have given consent to use your personal data for the Company’s related business.

  46. CPS shall comply with all present and future national, federal, state, provincial, territorial or local laws and regulations in the conduct of their businesses, including specifically the Direct Sales and Anti-Pyramid Scheme Act 1993.

  47. These terms and conditions will be further subjected to our Privacy Notice which may be viewed and/or downloaded at COSWAY's official website: www.cosway.com.my.

  48. Direct Sales Licence No: AJL93012

    [updated version Aug2024]


COSWAY PRIVACY POLICY NOTICE
(“NOTICE”)

COSWAY (M) SDN BHD (“COSWAY”) is committed in protecting your privacy and complying with the Personal Data Protection Act 2010 (“PDPA”). This Notice will help you understand how your personal data is collected, used and disclosed by COSWAY.

  1. Terms and Conditions of Use

    Members, consumers and others who use this website or other related website owned and/or managed by Cosway (M) Sdn Bhd (hereinafter referred to as “Cosway”) shall be bound by this Privacy Policy.

    By accessing and/or using the Cosway website (www.cosway.com.my), you are accepting the terms stipulated in this Privacy Policy.

    Cosway recognises the importance of maintaining the privacy of your identifiable details/information disclosed in the Cosway website. You are advised to read our Privacy Policy carefully which is detailed below.

    This Privacy Policy may be amended and edited from time to time and all changes will be posted here on this website. The changes shall be effective immediately when it is posted on the website. Please take note of the changes as it is your duty to monitor the changes posted.If you do not agree with the terms, please do not proceed further into the website and immediately stop using the website. However, if you continue to use and remain in our Cosway website, then you are agreeable to the terms herein.

  2. Registration Obligation

    You shall disclose accurate, true, current details/information of yourself when filling any questionnaire, participating in any promotion and other information if so required in this website.

  3. Type of personal data

    The types of personal data COSWAY may collect from you from time to time include but are not limited, to the following:

    • Name;
    • Addresses (including email addresses);
    • Telephone, mobile, and any other contact numbers;
    • MyKAD Card (NRIC) Number / Passport Numbers;
    • Nationality;
    • Marital status;
    • Date of birth;
    • Occupation;
    • Gender;
    • Name of your spouse/ contact details ;
    • Emergency contact details;
    • Signatures;
    • Payment data such as bank account details, credit/debit cards details and any information or data required to verify and/or process payment transactions;
    • Your photographs and videos containing your image;
    • Your testimonials and feedback regarding the COSWAY products

  4. Purposes of Collecting Personal Data

    All the personal data collected/may be collected by COSWAY from you will be used, disclosed and/or shared for, amongst others, the following purposes or any of them:

    • to provide members with support and communicating with Store Operators regarding (i) Products and promotional offers, (ii) Bonuses, and (iii) other relevant product or business related matters;
    • marketing, for instance by using testimonials given by members in COSWAY’s events, website, marketing materials and other marketing tools;
    • evaluative purposes, for instance, for assessing if refunds or exchanges should be made or if a member has violated the COSWAY’s Policies and Procedures ;
    • compliance with any law or regulation or directive from any applicable government bodies or authorities;
    • investigating and/or reporting of any criminal offences, where required by law;
    • disclosure to lawyers, auditors, financial advisors, and other professionals in connection with their services to COSWAY;
    • disclosure to related companies within the COSWAY’s parent company or group of companies including directors, employees, agents and representatives thereof, for operational, management, administrative, supervisory or evaluative purposes;
    • disclosure to a third party vendor or service provider if necessary to provide members with the Products that they have requested; and
    • disclosure to any contractor or third party including courier and/or delivery companies who provide services to COSWAY.

  5. Cookies

    Our Website may use a feature known as cookies which is a small data file stored in your computer by the Web Browser. Cookies will help us view how you navigate our Website and identify you when you re-access it. Over and above, cookies primarily help us to improve our website, enhance our customer relations, personalise offers to you based on your needs and preferences.

    Cookies cannot be used to retrieve data from other cookies which was created by Websites other than ours. Most importantly, cookies will not be able to read data stored in your computer hard drive.

    You are able to reset your Web Browser to refuse cookies or to highlight when a cookie is being sent to you. However, some features of our Website may not function properly if the ability to accept cookies is disabled.

  6. Links

    The Cosway website may contain links to other websites operated by third party vendors. With the provision of such links on our website and by your utilising those links, COSWAY does not endorse nor accepts the responsibility of the contents and information that can be reached through the associated websites. COSWAY also does not accept responsibility for any loss or damages suffered by you for accessing websites through the associated links.

  7. Eligibility

    By accessing the Cosway website without any guidance, you warrant that you are eighteen (18) years old and above. If you are below eighteen (18) years old but above thirteen (13) years old you may access this website under the guidance and supervision of your parents or legal guardian. Cosway will not be held responsible nor liable for any non-compliance.

  8. Intellectual Property

    COSWAY is the proprietor of all trademark, trade names, brand names, logos, symbols, (including the name COSWAY), domain names and any other form of intellectual property notwithstanding opinions, comments, articles, photos, graphic, text, software, images, copyrights and illustrations used in the Cosway website.

    However, some of them may also be owned by Third Parties but may have been licensed to be used by Cosway based on a mutual agreement for a specific purpose. Therefore, you are not allowed to copy, modify, redistribute or reproduce or publish elsewhere by you unless expressly permitted in writing by COSWAY. However, you may download permissible information for personal use. By downloading, it doesn’t mean that you acquire the ownership or the copyright of the material.

  9. Disclaimer of Warranties, Exclusion of Liability

    You understand and agree that all information and materials any typographical found in the website may contain inaccuracies because the information and materials are provided on a “as is” and “as available” basis. COSWAY makes no guarantee, representation or warrants and expressly disclaims any responsibility and liability for any inaccuracies, errors, omissions, and typographical in the information and materials in the website. Information and materials in the website may be edited and/or amended from time to time with or without prior notice as it is the sole discretion absolute right of COSWAY.

    You also agree that COSWAY, and its subsidiaries, affiliates, licensors, assignees, employees, officers and directors (Collectively referred to as the “Parties”) are not liable for damages of any kind either in Tort or Contract either directly or indirectly, incidental, consequential or punitive damages arising or resulting from accessing the COSWAY website. The Parties will not be liable to you under any event, circumstances, reasons or any cause of actions.

    COSWAY also makes no guarantee, representation or warranty as to any damages to your computer from viruses, bugs, intervention, error, omission, interruption, technical failure, malfunction or any other as a result of accessing the website because the internet may be subject to security breaches.

    Therefore, by accessing the COSWSAY website, you acknowledge that you may be waiving rights with respect to such claims mentioned above.

  10. No Unlawful or Prohibited Use

    By continuingly accessing/using the Cosway website, you agree that you will abide by all applicable law, statues, ordinance and other regulations. Therefore, you agree to the following:

    (1) Not to upload email, use any other means of communication that is unlawful to transmit any literature/material that is misleading, threatening, abusive, defamatory, obscene, hateful, ethnically, racially or otherwise objectionable;

    (2) Not to collect, store, transmit, share, sell, transact personal details/information of the users of the Cosway website;

    (3) Not to transmit, transfer or upload any confidential, sensitive, personal and/or proprietary;

    (4) Disrupt/interfere and/or affect the accessibility of the service or networks connected to the service, or disregard/disobey any requirements, instructions, policies, procedures and/or regulations of the network connected to the service;

    (5) Not to email, upload or transmit any material that contains viruses, bugs, malware, spyware, or any file, program or other computer code;

    (6) Not to upload information and/or materials from a third party website, or details such as email addresses, contact information, and/or contact details of other into Cosway website; and

    (7) Not to upload any unsolicited and unauthorised information/content like junk, spam, pyramid scheme including any unauthorised advertising and/or promotional materials.

  11. Disclosure of Personal Data

    All personal data collected by COSWAY or provided by you or on your behalf will be held and kept by COSWAY (Head Office).

  12. Safety of personal data and documents

    COSWAY will take every reasonable step to ensure that the personal data it collects uses or discloses is accurate, complete and up to date. COSWAY will protect the personal data it holds from misuse and loss and from unauthorised access, modification or disclosure.

  13. Data Protection Officer

    COSWAY has designated the person whose details are set out below as the person (“Designated Person”) who will be responsible for ensuring COSWAY’s compliance with applicable data protection laws. If you have any queries or requests to make any applications concerning your personal data, please email or contact our Office:

    LEGAL & CORPORATE AFFAIRS
    COSWAY (M) SDN BHD
    MENARA COSWAY, PLAZA BERJAYA,
    12 JALAN IMBI, 55100 KUALA LUMPUR

    CUSTOMER CARE HOTLINE: 603-2113 0813
    CUSTOMER CARE EMAIL : CustomerCare@cosway.com.my

  14. Applicable Law and Jurisdiction

    All relevant matters related to the terms herein including its interpretation shall be governed by the Laws of Malaysia as we operate this website from Malaysia. If this website is accessed in other jurisdictions, you do so at your own risk and it is your responsibility not to violate the laws of the jurisdiction. In the event of any dispute, you shall submit to the jurisdiction of the Malaysian courts.
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