Terms of Use
Accesses to and use of this A&M’s mobile software application and the products and services available through this mobile software application (hereinafter called “this App”) are subject to the following Terms of Use.
The words 'we', 'us', ‘our’ and 'A&M' mean A&M Beauty Wellness Sdn. Bhd. (Company No. [948194-K]) a company incorporated in Malaysia and having a place of business at Klang Jaya Inno Business Park, No. 8, Jalan Haji Adbul Karim 26/KS2, Taman Klang Ria, 41000 Klang, Selangor Darul Ehsan (Email: ambeautywellness8888@gmail.com; Tel No:03- 33191699) and/or it’s subsidiaries.
The term 'you' and 'your' refer to Members, Premium Members, customers and public. “Member” or “Premium Member” means an independent contractor who had purchased A&M’s products and had his/her member application form accepted by A&M at the sole discretion of A&M and subject to the terms and condition imposed by A&M. “Member” or “Premium Member” shall further be defined in accordance to the meaning given under A&M’s sales and marketing plan.
ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS OF USE
These terms of use currently apply but may be amended or edited from time to time. Please read these terms of use carefully before you use this App. By using this App and/or by signifying your consent to us, you expressly agree to be bound by these terms as they now are or as amended or edited from time to time and acknowledge that you have read, understood and accepted them. However, if after having read these terms of use and you do not agree with them you must discontinue your use of this App.
INDEPENDENT LEGAL ADVICE
You are advised to seek independent legal advice on these terms of use prior to your use of this App.
INTENDED USE
This App is a business and commercial mobile software application, and therefore is not intended for persons under the age of 18. If you are under 18 of age, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this App.
GOVERNING LAW
All matters and issues relating to the use or interpretation of these terms of use shall be governed by and construed in accordance with the laws of Malaysia. You hereby agree to submit the matter to the exclusive jurisdiction of the Courts of Malaysia.
NO UNLAWFUL OR PROHIBITED USE
As condition of your use of this App, you will comply with all applicable laws, statutes, ordinance and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this App for any purposes that is unlawful or prohibited in law or by these terms, conditions and notices. A&M reserves our right to remove any content we believe is inappropriate or illegal.
You agree:-
i) Not to disassemble or reverse-engineer the software of this App;
ii) Not to upload, post, email or otherwise transmit any content that will damage or tarnish the reputation of this App or our products or A&M in part or as a whole;
iii) Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another person's privacy, hateful, or racially ethnically or otherwise objectionable;
iii) Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of this App or any computer software or hardware or telecommunications equipment ;
iv) Not to collect or store personal data about other users;
v) Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the service;
vi) Not to encourage this App users to use other competitive mobile apps and organization; and
vii) Not to engage in any activity that stops other users from enjoying this App.
INTELLECTUAL PROPERTY
a) Copyright
Unless otherwise indicated, this App design, text and graphics is solely copyright of A&M. All Rights reserved. Except as stated herein, none of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purposes unless such use is permitted by A&M.
b) Trademarks
All trade names, domain names, brand names, trade symbols, logos, slogans, trademarks or services marks consisting of the name “A&M” or “AM” are trademarks or proprietary interests of A&M.
You agree:-
a) The proprietary right on all intellectual property rights attached to and appeared in this App and all A&M’s products shall always remain with A&M;
b) not do anything that will, or is likely to, prejudice or damage the goodwill, reputation, intellectual property rights of A&M or anything that is likely to bring the goodwill, reputation, intellectual property rights of A&M into disrepute; and
c) not under any circumstances apply for registration of any of A&M’s trade names, domain names, brand names, trade symbols, logos, slogans, trademarks or services marks or any part of them or any imitations of them.
CONFIDENTIAL INFORMATION
You hereby agree that you shall use the any information marked “Confidential” (hereinafter called “Confidential Information”) disclosed to you by A&M solely for the purpose of the provision of your services or dealing with A&M, and that the Confidential Information will be kept confidential at all times. Termination of your use of this App shall not be construed to relieve you from you liabilities at law or equity arising from the use this App.
You hereby agree that you shall:-
(a) take all necessary steps to prevent from being disclosed or made public to any third party including his/her/their employer, its agent, subcontractors or other employee(s) any Confidential Information received by you in the course of your dealing with A&M and accordingly not to disclose any Confidential Information to any other person;
(b) return to A&M or destroy in its entirety any Confidential Information at A&M's request;
(c) take all steps necessary to safeguard the Confidential Information received using a reasonable degree of care;
(d) ensure that such information (or any portion or copy thereof) is not used for any purpose except in relation to your services or dealing with A&M; and
(e) take all steps necessary to safeguard A&M’s proprietary right on the trade mark, trade name, copyright and other intellectual property rights attached to the Confidential Information; and
(f) the proprietary right on the trade mark, trade name, copyright and other intellectual property rights attached to the Confidential Information shall always remain with A&M.
EQUITABLE RELIEF
In addition to all other remedies that A&M may have against you, A&M shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any breach of these Terms of Use.
REGISTRATION OBLIGATION
You shall:-
i) Provide true, accurate, current and complete information about yourself as prompted by the Registration Form; and
ii) Maintain and promptly update the Registration data to keep it true, accurate, current & complete.
You agree that it is your responsibility to provide true, accurate, current & complete information to us.
SUBMISSIONS
Any material, information, text, links, graphics, photographs, video, ideas, suggestions, feedback or other material you transmit or post on this App by any means (hereinafter called “Content”) will be treated as non-confidential and nonproprietary and entirely voluntary, and may be disseminated or used by A&M or its related and affiliated companies for any purposes whatsoever, without compensation or obligation to you, including but not limited to reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to A&M will be handled in accordance with A&M Privacy Policy provided below. A&M take no responsibility for and we do not expressly or impliedly endorse any of your Content. A&M have no responsibility to respond to messages posted at this App.
Although we have no obligation to screen, edit or monitor your Content, we may, in our sole discretion, delete or remove your Content, as a whole or in part, at any time and for any reason whatsoever.
DISCLAIMER AND LIMITATION OF LIABILITY
(a) The information, materials and services contained on this App site are provided to you on a "as is", and "as available" basis. We do not warrant or guarantee the accuracy or completeness of this information, statements, contents or materials, and expressly disclaim any liability for any errors, omissions and/or inaccuracies in this information, statements, contents and materials. A&M shall endeavor its best but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information posted to this App, and such information including information on pricing and availability of goods may be changed, amended or updated without notice.
(b) To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representation regarding the security of accounts, or that this App is free from destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this App will be fully accessible at all times, uninterrupted, or error-free.
(c) To the maximum extent permitted by law, we disclaim liability for any damages including, without limitation, direct or indirect, special, punitive, incidental, compensatory, exemplary or consequential or other damages, losses or expenses whatsoever, including but not limited to lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:-
i. use of this App, or inability to see this App by any party; or
ii. any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
iii. line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.
In the event that any provision(s) contained in these Terms of Use is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of the terms which shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had never existed. A&M failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any terms, provision or right.
SECURITY
All reasonable precautions to protect your transactions when visiting this App have been taken so that you can have as safe and secure shopping experience as can be reasonably provided.
LINKS
This App may contain numerous links to other internet sites including, without limitation, other affiliation sites and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated sites. By utilising these links, you acknowledged and agreed that we are not responsible for the actions, contents, accuracy, privacy, policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledged and agreed that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.
COOLING-OFF PERIOD
NOTICE is hereby given to you that you may cancel your purchase of any of our products before the expiry of cooling-off period of ten (10) working days calculating from the day after the date of your purchase by delivering the notice personally to us or by sending it by registered post addressed to us. Upon expiry of cooling-off period, we will not attend to any request of cancelation.
MEMBER
All A&M’s registered Members / Premium Members must use a confidential password, which you will need, together with the identification number that we will assign to you in order to log on to the password protected areas of this App. You shall maintain the confidentiality of any identification number, PIN or password provided. You shall immediately notify A&M of any unauthorised use of these identifiers, or any other breach of security. You are fully responsible for all activities that occur under these identifiers. We are not responsible for any misuse of your account by someone who uses your identifiers.
You agree that A&M, in its sole discretion, may terminate your membership with A&M, your password, account (or any other part thereof) or use of this App and remove and discard any content within, without notice to you, for any reason whatsoever, including but not limited to the followings:-
(a) lack of use;
(b) fail to purchase any A&M’s product for a period of six (6) months (for Members) / twelve (12) months (form Premium Members);
(c) if A&M believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use; or
(d) if A&M believes that you have made/posted false and/or defamatory statements/remarks of whatsoever nature about A&M’s products and/or that tarnished A&M’s reputation, including but not limited to offline/online postings, in private or in public to anyone;
(e) if A&M believes that you purchase A&M’s products using other Member’s identification number; or
(f) if A&M believes that you recruit or attempting to recruit existing Members who already has an designated referrer (upline) in A&M records;
(g) if A&M believes that you alter the listed price of our products, your provide discount on our products or other promotional package to customers by any ways or by any means whatsoever; or
(h) limitation or cancellation of your consent to our collection of your Personal Data.
You agree that A&M will not be liable to you or any third party should it exercise such rights. You agree that to the maximum extent permitted by law, A&M shall, in no event, be liable for any consequential, incidental, indirect, direct, special, punitive or other loss or damage whatsoever or for loss of profit, business interruption, other loss arising out or cause by A&M exercising such rights.
A&M’S PRODUCTS & PAYMENT TERMS
Prices of A&M’s products indicate in this App are in Ringgit Malaysia (MYR) only and it is excluding courier delivery charges as we understand that you may want to collect the products personally from us. Only official receipt issued solely by A&M is acceptable as proof of payment. You agree to produce original official receipt issued by A&M when you collect the products from us, failing which we shall have the right to refuse your request to collect the products.
You agree to pay all applicable and undisputed charges for our products ordered by you set forth on the invoice in accordance to one of the modes of payment provided in this App as soon as you submit your purchase order under this App. You are responsible to provide accurate and correct billing & delivery address, contact and payment information to us. You are responsible to verify the information stated in the invoice prior to you making payment to us. You agree that we may take steps to verify whether your payment to us is valid and successful. We may suspend or reject your purchase order if any time we determine that your payment information is inaccurate or not correct or unsuccessful. Notwitstanding the above, you agree that it’s A&M sole discretion to accept or reject your purchase order or your payment for any reason whatsoever, including but not limited to, pricing error.
For delivery by way of courier services, we shall deliver the products purchased by you to your address submitted to us in this App between 11 to 14 working days calculating from the day after the date of your purchase.
For collection of the products purchased by you at our premises, you may collect the same upon expiry of 10 working days calculating from the day after the date of your purchase.
A&M reserves their right to refund your payment to you in the event that the product ordered by you is out-of-stock or not available. Upon receipt of notification by A&M that the product ordered by you is out-of-stock, you may request for a replacement product of similar or greater value within seven (7) working days from the date of such notification, failing which you are deemed to have agreed to wait for the availability of the product. In the event the replacement product is of greater value, you agree to pay the differential sum within seven (7) working days from your request. You agree that to the maximum extent permitted by law, A&M shall, in no event, be liable for any consequential, incidental, indirect, direct, special, punitive or other loss or damage whatsoever or for loss of profit, business interruption, other loss arising out or cause by non availability of the product ordered by you.
TERMINATION
You agree that A&M, in its sole discretion, may terminate your password, account (or any other part thereof) or use of the service, and remove and discard any content within, without notice to you, for any reason whatsoever, including but not limited to, lack of use or fail to purchase any A&M’s product or if A&M believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use or if A&M believes that you have made/posted false and/or defamatory statements/remarks of whatsoever nature about A&M’s products and/or that tarnished A&M’s reputation and/or limitation or cancellation of your consent to our collection of your Personal Data. You agree that A&M will not be liable to you or any third party should it exercise such rights. You agree that to the maximum extent permitted by law, A&M shall, in no event, be liable for any consequential, incidental, indirect, direct, special, punitive or other loss or damage whatsoever or for loss of profit, business interruption, other loss arising out or cause by A&M exercising such rights. You agree that notwithstanding the termination, you remain liable for all amount due and payable to us.
PRIVACY POLICY AND NOTICE
If after having read the privacy notice below and you do not agree with them you must discontinue your use of this App.
Personal Data Protection Notice
This Personal Data Protection Notice (“Notice”) is issued to you pursuant to the Personal Data Protection Act 2010 (“Act”) and for the purpose of this Notice, "Personal Data" shall have the meaning as ascribed to it under the Act. We recognized that your privacy is very important to you. We do not trade, sell or lease personal information entrusted to us. We hereby inform you how your Personal Data is controlled, processed and/or used by us.
Collection
By signifying your consent to us, you consent to A&M processing the Personal Data provided by you through this App, collected from your mobile phone, obtained from your communication with A&M through various methods such as emails, social media, letters, telephone calls, online marketing sites, our websites, WeChat, WhatsApp, surveys and conversations you have with our personnel, our Members and/or our authorised agents, any events, training programmes, conferences, seminars, workshops or talks organised or sponsored by us and/or obtained by the public domain and third party such as statutory bodies or government agencies or online platforms which may include, but not limited to, Personal Data that relates to:-
a. your identity (including but not limited to copy of your identity card, your name, your date of birth, National Registration Identification Card / passport details and photograph);
b. your contact information (including but not limited to your telephone numbers, e-mail, mailing addresses, your WeChat ID);
c. your payment information (including but not limited to your bank account detail);
d. your gender, education level, occupation, your interests;
e. the value of the purchases you have made; and
f. sensitive information such as your mental or physical health and condition.
Purposes of Processing
Where applicable, your Personal Data may be controlled, processed and/or used by us for the following purposes:
Other Purposes of Processing
A&M may also use and process your Personal Data for communicating or disseminating to you:-
a. Information on your membership privileges/ benefits/ bonus including by sending any marketing/ promotional materials from our strategic partners or any interested third parties to you;
b. Information on events, training programmes, seminars, conferences, workshops and talks organized by other organizations which may be of interest to you;
c. Publications such as newsletters, journals, booklets, articles and other updates by any interested third parties which may be of interest to you; and
d. research and statistical analysis and marketing.
Withdrawal/limitation of Consent
The provision of your Personal Data to us is on voluntary basis. You may at any time hereafter withdraw your consent for us to collect, process, use, store or limit the processing of your Personal Data for any of the purposes mentioned above by notifying us in writing using the address set out below:-
A&M Beauty Wellness Sdn. Bhd.
Klang Jaya Inno Business Park,
No. 8, Jalan Haji Adbul Karim 26/KS2,
Taman Klang Ria, 41000 Klang,
Selangor Darul Ehsan
Email: ambeautywellness8888@gmail.com
Tel No:03-33191699
If you do not provide your Personal Data or if insufficient Personal Data is supplied to us when requested, we may not be able to communicate with you and this may affect our ability to fulfil the purposes mentioned above and your ability to enjoy the full range of benefits provided in this App and our services.
Disclosure & Transfer
We may disclose your Personal Data to the following parties (including those within and outside Malaysia):
a. agents, vendors, consultants, and other service providers (including but not limited to professional, financial and/or payment service providers) that provide services including data processing services relating to the purposes above;
b. your agents and advisors (including but not limited to professional/legal advisers) and any other person notified and authorised by you;
c. training institutions, banks, financial institutions;
d. government and/or non-governmental agencies / statutory bodies / authorities/ departments;
e. your referring or sponsoring Member (Upline Member), or the current Member servicing you;
f. our assignees or potential assignees, acquirers or potential acquirers and successors-in-title;
g. any person, who is under a duty of confidentiality who has undertaken the responsibility to keep such data confidential, including but not limited to our employees, our affiliates, our strategic partners, our service providers/vendors, our appointed agents, our consultants, our legal advisors or our external auditors;
h. A&M related and associated companies and affiliates (whether locally or globally); and
i. other parties, in respect of whom you have consented to the disclosure of your personal data, including but not limited to insurers to whom you have chosen to disclose your personal data.
We may also disclose your personal data (within and outside Malaysia) in good faith, (i) to comply with requirements of the government, law enforcement agency, any authorities to whom A&M is subject to or any orders of court; (ii) as is necessary or relevant in relation to any legal process; (iii) if required or authorised by law; or (iv) as is reasonably necessary or appropriate to protect the rights, property, or safety of A&M’s related and associated companies and affiliates (whether locally or globally), our users, our employees, copyright owners, third-parties or the public. Your Personal Data may be transferred for any of the purposes mentioned to any of the above-mentioned parties who are located within or outside Malaysia.
Retention
Any Personal Data supplied by you will be retained by A&M as long as it is necessary and expedient for the fulfilment of any purpose as stated above pursuant to our internal practices, regulatory requirements, legal and accounting requirements.
Integrity & Security
We are committed to ensuring that your Personal Data is stored securely in our databases and in our offices. All reasonable efforts and practical steps are made to ensure that any Personal Data held by us is protected against any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction. To ensure that your Personal Data in our retention is accurate and up-to-date, you are advised to notify us promptly in the event of any inaccuracy or any changes to your Personal Data.
Access & Correction
If you wish to request access to or to rectify your Personal Data or withdraw/limit your consent, you may send your request in writing to our address stated above. Your request shall be subject to any applicable legal restrictions, conditions and a reasonable time period.
Consent
Please also note that from time to time, we may request for new Personal Data from you. By providing us with your Personal Data or continuing to communicate with us, we shall regard that you have consented to the processing of such data.
We shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on this App. By continuing to communicate with us or by continuing to use this App and our services following the modifications, updates or amendments to this Notice, it shall signify your acceptance of such modifications, updates or amendments.
SURVEY AND QUESTIONNAIRES
This App may contain several optional surveys and questionnaires throughout the App asking for information. We use the information you provide to help customize your shopping experience, showing you the content we believe you might be interested in, in order of your reference, as well as to provide advice and purchase recommendations.
SEVERABILITY
If any provision of herein is found by a court of competent jurisdiction to be void of unenforceable, in whole or in part, under any enactment or rule of law, such other provisions herein shall remain in full force and effect.
ASSIGNMENT
You shall not in any manner whatsoever assign or otherwise transfer your membership with A&M or your member identification number to any third party without the written consent of A&M.
WAIVER
It is understood and agreed by you that no failure or delay by A&M in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or future exercise thereof or the exercise of any other right, power or privilege of A&M.
NOTICE
Any notice, statement, demand or communication given pursuant to you will be regarded to have been properly served and received by you in the case of service by delivery upon delivery or by registered post within three (3) days from the date of posting to your address known to A&M.
TIME
Time wherever mentioned in herein shall be of the essence.