MEMBERSHIP TERMS AND CONDITIONS

1. Applicants must be 18 years of age and above and must ensure that his/her details provided to COSWAY during membership application or at any time subsequently are correct, precise and updated. COSWAY shall reserve 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approved, at COSWAY’s discretion, should the applicant or member be found to have submitted incorrect, imprecise and outdated details.
   
   
2. 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.
   
   
3. Any application in the name of body corporate, businesses, trusts, partnerships and/or a third party will no longer be accepted as applicants for membership. The Company reserves the right to accept or reject any application without assigning any reason whatsoever.
   
   
4. 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 banking details, failing which COSWAY shall not be able to fulfil its banking policy nor be held responsible in any way for any consequences.
   
   
5. An applicant shall be entitled to only one membership at any one time, with the exception under Clause 36 and Clause 37. (Refer to Clause 36 and Clause 37)
   
   
6. If a person holds more than one (1) active membership, including by way of proxy as in Clause 27, the earliest valid registered membership shall prevail and supersede all subsequent memberships. All such subsequent proxy memberships shall be deemed to be null and void, and any registration fee(s) paid for subsequent membership(s) shall be forfeited.
   
   
STATUS OF MEMBERS


7. COSWAY members are independent contractors and shall operate their memberships as independent dealers or distributors of products marketed by COSWAY.
   
   
8. COSWAY members shall not be deemed to be or represent themselves to be agents, partners, representative, legal or otherwise, franchisees and/or employees of COSWAY.
   
   
9. COSWAY members shall not have the right to negotiate or conclude any contract on behalf of the Company or himself/herself as having such a right.
   
   
MEMBERSHIP RENEWAL


10. COSWAY members shall be responsible for renewing their memberships on or before the month of expiry.
    
    
11. In the event of any failure, refusal and/or neglect to renew their memberships as aforesaid, the membership shall be deemed to have expired.
    
    
12. COSWAY 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.
    
    
13. COSWAY members whose memberships have expired past the Six (6) months may re-apply for a new membership either under the original or new sponsor.
    
    
BONUS PAYMENT & OTHER BENEFITS


14. COSWAY members will enjoy various benefits such as product discounts, monthly promotions, newsletters, bonuses, incentives, Electronic Redemption Coupons (eRCs) and all other membership entitlements.
    
    
15. COSWAY members who have qualified for the monthly bonus will be able to view their Bonus Statement via the Online Office ("Business").
    
    
16. If a member's bonus is less than RM100.00 for a particular month, that earning will be kept in the member’s personal Bonus Retention Account. The Bonus Retention can be used to purchase COSWAY products at COSWAY stores.
    
    
17. If a member's bonus is more than RM100.00 for a particular month, COSWAY will credit the amount into the members' bank account as per banking details given.
    
    
18. If a member has bonus earnings as mentioned in Clause 17 but has yet to provide the required banking details, the bonuses earned will be kept under the Bonus Retention Account until the banking details are given.
    
    
19. COSWAY shall have the right to deal with any bonus unclaimed by its respective members and retained in the Bonus Retention Account for more than 12 months as the Company deems fit.
    
    
20. Notwithstanding anything mentioned in Clause 16, Clause 17 and Clause 18, and subject to Clause 19 above, in the event that a member fails/refuses/neglects/ignores to provide COSWAY with any document as requested by COSWAY for verification of the member’s identity, COSWAY shall have the right to suspend the bonus payment and utilisation as mentioned in Clause 16, Clause 17 and Clause 18 until such document has been furnished and all required verifications have been cleared by COSWAY.
    
    
21. Pursuant to Clause 14, a member can view his/her current balance of Electronic Redemption Coupon (eRC) and Bonus Retention at the "Online Office" (“Transaction”). (Please refer to the COSWAY Bonus Plan as illustrated in the SMART Membership Manual for further details.)
    
    
22. No agents, dealers, stockists and/or third party can redeem the bonus or Electronic Redemption Coupons (eRCs) or vouchers for their members.
    
    
MEMBERS’ RESPONSIBILITIES


23. COSWAY members shall retail all products marketed by COSWAY at COSWAY's approved retail prices.
    
    
24. COSWAY members are automatically entitled to participate in any of the incentive programmes launched by the Company and in addition thereto to the benefit of the bonuses and incentives payable under the prevailing COSWAY Bonus Plan as illustrated in the SMART Membership Manual.
    
    
25. COSWAY members shall not permit, allow or in any manner directly or indirectly participate in the sale and/or display of any/all products marketed by COSWAY at unauthorised premises and/or through internet online websites, including retail, counters, market stalls or public area, without prior written approval from COSWAY.
    
    
26. COSWAY members are not allowed either directly or indirectly to create and/or offer schemes of free memberships, lucky draws or any other form of inducements, financial arrangements or promises to entice individuals or existing COSWAY members of another network to register as COSWAY members under their network.
    
    
27. Line switching is strictly prohibited. Line switching includes re-registering an existing member under the particulars of another person and/or in another line of sponsorship, making subsequent purchases and/or sponsoring under the new membership. The new membership used in such circumstances as proxy is deemed as a phantom membership and shall be regarded as a dual membership which can be terminated by COSWAY.
    
    
28. The members are strictly prohibited from abusing COSWAY’s Marketing Plan and/or its processes in any way, including but not limited to, plan structures to achieve the highest possible profits, commissions and/or handling charges. The Management will have the absolute rights to terminate the membership and/or account and to forfeit any monies due to the said member in the event of any such findings.
    
    
29. COSWAY members are strictly prohibited from enticing existing COSWAY members into joining other direct selling companies.
    
    
30. COSWAY members must use official printed or digital materials that COSWAY may from time to time supply, upload and/or sell to COSWAY members.
    
    
31. COSWAY members shall not use the COSWAY logo, trademarks, letterheads, stationery and/or any other representations of COSWAY without the prior written approval of COSWAY. 2
    
    
32. COSWAY members, when transacting with COSWAY or COSWAY stores, shall furnish their COSWAY Membership Identity Number.
    
    
33. COSWAY strictly prohibits the purchase of products in unreasonable amounts primarily for the purposes of qualifying for earnings, incentives or advancements in the COSWAY Bonus Plan as illustrated in the SMART Membership Manual. Members found to be in breach of this clause shall not be entitled to the Buy Back Policy in Clause 43 herein.
    
    
34. COSWAY 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.
    
    
35. Any of Cosway’s products that are found or suspected to be counterfeit products/goods and being retailed, members must inform Cosway immediately.
    
    
MEMBERSHIP TRANSFER


36. For Clause 36 :
    

    a copy of Death Certificate and for; or a copy of medical report to be submitted to Cosway. For both Clause 36 and Clause 37, any member's transfer of the membership, shall be at the discretion of Cosway.

    
    
37. Members may, in any of the following circumstances, apply to COSWAY for the transfer of their membership to their nominee subject to COSWAY's approval:
    

    where the member concerned has furnished sufficient evidence of migration; or 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 A MEMBER’S COMPOSITION
    
    
38. Any business entity/company registered as a COSWAY member shall notify COSWAY within Fourteen (14) days of any change in the board of directors, ownership, partnership or shareholders.
    
    
39. 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.
    
    The above Clause 38 and Clause 39 shall only apply to memberships of business in nature, partnerships, trusts and corporate entities.
    
    
    CANCELLATION & RE-APPLICATION
    
    
40. A COSWAY member may cancel his/her membership by submitting a written request to COSWAY's Head Office. The COSWAY member concerned may re-apply 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 COSWAY member concerned shall have no rights, interests or claims with regard to the earlier cancelled membership.
    
    
    COOLING-OFF PERIOD
    
    
41. Applicant may withdraw or cancel their membership application within Ten (10) working days from the date of application ("Cooling-Off period") by giving a written notice to COSWAY and COSWAY shall refund the membership fees.
    
    
42. 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 Redemption and/or Loyalty Programme.
    
    b) For online orders, the applicable "Cooling-Off Period" and/or "Buy Back Policy" mentioned in Clause 41, Clause 42 (a) and Clause 43, commences from the date the Product is purchased.
    
    
    BUY BACK POLICY
    
    
43. Provided that members made purchases in reasonable amounts that may be sold or consumed under Clause 33, goods purchased that are returned within Six (6) months of purchase, and are of merchantable and re-saleable condition may be refunded at member's personal written request minus whatever bonuses earned from the products returned and 10% administrative fee levied. Any expired or damaged product due to negligence, misuse, unintended use, and any unauthorised modification made shall not be accepted. The Company also reserves the right to conduct investigations as to the circumstances of the original purchase, including unreasonable quantity, efforts in selling and disposing of the purchased products. The Company shall not make any refund if it has reasons to believe that the original purchases were made for intentions other than for resale or consumption, or by the phantom member(s) to undermine the integrity of or abuse the benefits of the COSWAY's Bonus Plan. Members must personally co-operate in such investigations, and any willful failure in investigations shall be a valid reason for the Company to withhold refunds under this term.
    
    
    DISCIPLINARY ACTION
    
    
44. Any violation, non-compliance or breach of any of the COSWAY Membership Terms and Conditions may result, at COSWAY's discretion, in one or more of the following disciplinary actions:-
    

    COSWAY may suspend the membership including receipt of any bonuses or incentives, and/or terminate the membership with immediate effect. In the event of the termination of a membership, the member's group shall be transferred or re-adjusted at COSWAY's sole and unfettered discretion. COSWAY shall be entitled to make necessary adjustments and/or rectifications to any network groups and lines as it deems fit and proper. In addition to COSWAY's rights as above, COSWAY further reserves the right to take any other course of action or claims against the member for violation of any of the above terms and conditions.

    
    
    GENERAL
    
    
45. 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.
    
    
46. 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.
    
    
47. 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.
    
    
48. COSWAY 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.
    
    
49. COSWAY Members shall not duplicate, reprint or personalise any or all of COSWAY's official literature and materials without prior approval from COSWAY.
    
    
50. COSWAY Members are not allowed to market and sell COSWAY's products in any online portal. Members shall not alter, re-label, repackage or re-brand for the purposes of reselling them.
    
    
51. COSWAY Members must not violate or alter or add on any frivolous information about COSWAY's products in any online social media.
    
    
52. 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.
    
    
53. 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.
    
    
54. 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.
    
    
55. In accordance with the Personal Data Protection Act 2010, all personal data disclosed to COSWAY by members is strictly meant for membership registration purposes, mailing of Company’s newsletters, bonus statements 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.
    
    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.
    
    
56. COSWAY members 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.
    
    
57. This term 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.

Direct Sales Licence No: AJL93012