Terms & Conditions
ANEMOS eAGREEMENT
INTRODUCTION
Welcome to the Anemos Management Sdn Bhd. website (the "Site"). The use Anemos’’s website is subject to the terms and conditions set forth below.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of Use, you shall not use this website. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the manufacturer and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such a password or account. Furthermore, you must notify us of any unauthorised use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
Article 1. Objectives
Members of Anemos Management Sdn. Bhd. (hereinafter referred to as "Anemos") shall aim to share with one another products that have been researched and developed with feelings of affection for limited resources partake in good health in the true sense of this phrase and engage in activities that contribute to social welfare through persistent efforts undertaken together with others who support such aims. This agreement contains provisions in respect of membership under Anemos, a membership organization scheme for which they target Healthy & Wellness products. This agreement shall govern the product and membership activities engaged in by membership organization unless specific explanations otherwise apply. The following are terms and conditions governing Anemos and its members with regard to the membership and the respective parties' rights and obligations. Definitions of a member of special terms and conditions are as follows:
Article 2. Glossary
The following are terms and conditions governing Anemos and its members with regards to daily activities.
Definitions are as follows:
Article 2-1 Membership
Membership is acquired through the induction of Anemos member, after completing the "Membership Registration Application Form" and having received the acceptance and authorization from Anemos. Anemos members possess the right to sell various products marketed by Anemos, the right to introduce or sponsor members and to enjoy all benefits offered by Anemos.
Article 2-2 Member's Rights
Members shall have the rights and obligations expounded in this Membership Agreement, namely membership status, positioning, the right to recruit new members, and the right to sell Anemos products.
Article 2-3 The Sponsor
The Sponsor is a member who introduces others to join the business activities of Anemos, is awarded by Anemos authorised membership status, and is also known as the Upline.
Article 2-4 The Applicant
The Applicant is a person who has been introduced by a sponsor and participates in the business activities of Anemos, is awarded by Anemos authorised membership status, and is also known as the down-line.
Article 2-5 Anemos products
There are several types of Anemos products and the exiting products in the market, namely, Mighties M (“MM”); Mighties S (“MS”), 100DNA, etc.
Article 2-6 Organisation Chart (MAP)
Article2-6-1
Data in the Organisation Chart (MAP) contains information such as member ID, name, etc. and is regarded as confidential. Information provided in the Organisation Chart must be treated with discretion and cannot be disclosed to a third party. Disclosure of such information will not only cause damage to the interests of Anemos, but might also be detrimental to members, however accidental.
Article2-6-2
The Organisation Chart is created by Anemos and all rights are wholly owned by Anemos. By using it, you agree not to reproduce, copy or distribute the map.
Article2-6-3
Upon termination of membership / termination of eligibility, all data contained in the Organisation Chart must to be surrendered to Anemos unconditionally.
Article 2-7 Business regulations
The “Membership Agreement” represents a member's rights and obligations in writing. Anemos reserves the right to make amendments as and when necessary. Such amendments will be publicly announced.
Article 3. How to Become an Anemos Member
To become a member of Anemos, you must fully understand the "Membership Agreement", fill in the "Membership Registration Application Form", select your designed rank of registration and make the necessary package/product payment for the rank you opted.
Article 3-1 Requirements for Membership
Article3-1-1
Individual Registration: applicants must be 18 years old and above.
Article3-1-2
Proof of Identity: For Individual: Based on the selected country, a photocopy of local Identity Card, or valid passport (at least 6 months validity in case of foreigners).
Article3-1-3
Bank account: The applicant has a local bank account.
Article3-1-4
Delivery and mailing address: A local delivery and mailing address must be provided. The "Home address" in relevant application form is not limited to any areas.
Article3-1-5
Phone number: must be local number.
Article3-1-6
Applicants whose membership has been revoked by Anemos are not entitled to membership re-application.
Article3-1-7
Any change of Identity Card, Passport or Working Permit details etc. shall be notified to Anemos.
Article 3-2 Membership Registration
Article3-2-1
Registration will be accepted only after the applications are examined and found to be correct.
Article3-2-2
Anemos reserves the absolute right to reject any application for membership without giving any reason.
Article3-2-3
Inaccurate or false information or signature supplied in the application form will result in the rejection of the application by Anemos.
Article 3-3 Membership Revocation / Termination / In Case of Death
Article3-3-1
Any member may terminate the membership contract with Anemos by submitting the "Cancellation of Contract: Related Return Product Form and Agreement" within 10 working days (not including Saturday, Sunday and Public Holidays) (hereinafter referred as “cooling-off period”) of the acceptance by Anemos of the application for membership. Anemos will within 7 days of the termination of the membership contract and accept the return of unopened goods subject to the conditions set out in 3.4.1. During Cooling Off period, Anemos will refund the ex-member solely on the unopened good returned. In the case whereby Anemos has to take repossession of the goods, charges incurred by Anemos are to be borne by the ex-member and Anemos may deduct such charges from the refund which it is to make out to the ex-members as aforesaid. The ex-member will not be eligible for re-application of membership within 6 months of the termination of the membership.
Article3-3-2
Member are required to do his/her monthly maintenance on the quantity as per his/her rank/level whichever is applicable to ensure he/she membership/account is active, if no purchases/maintenance was found in the member's record within three (3) months, for activation, member is required to purchase the minimum quantity order ("MOQ") according to his/her rank/level. For the inactive membership account more than one (1) year, his/her membership will be nullified. Under this circumstances, he/she rank/level in the original organisation chart is revoked. However, re-application for new membership may be accepted instantly.
Article3-3-3
Failure to adhere to, abide by or wilfully breach any of the terms of membership agreement will result in revocation or termination of membership. Anemos reserves the right to proceed with any legal action against you in the event of any damages incurred.
Article3-2-4
Members whose membership have been previously terminated/revoked, when accepted to re-enter, he/she is required to rebuild his/her new hierarchy/organization chart.
Article3-2-5
In case of death or the loss of working ability of a member, Anemos will pass all entitlements and benefits to the member’s legal beneficiary. If the legal beneficiary does not want to inherit the membership, it will be regarded as abandonment by free will.
Article 3-4 Rules and Procedures Governing Return of Goods
The following procedures will be effective if
Article3-4-1
The return of unopened goods within the 7 days is acceptable under the following conditions: [1] The request must be accompanied by a duly signed Termination of Contract by the Applicant. Application solely for goods to be returned is not acceptable.[2] Goods to be returned are confined to items purchased by the member/applicant only. Third party termination/cancellation of membership and returned of goods are not acceptable.
Article3-4-2
All sales made are final. Once payment made, all goods sold are non-returnable, non-refundable and non-exchangeable without prior approval from Anemos. Anemos has the sole discretion on the return and/or exchange of stocks
Article3-4-3
For the protection of the quality of our products, the depreciation for products that have been opened, used or damaged is set at 100% and will not be accepted by Anemos.
Article3-4-4
When request for exchange of goods are approved by Anemos, member is required to sign the relevant forms and provide a shipping address for the replacement product to be shipped.
Article3-4-5
The exchange of goods may exert an effect on the results of campaigns for the member or the uplines. Anemos has the right to pursue the matter and exercise deductions accordingly.
Article 3-5 Membership Revocation / Termination / In Case of Death
Article3-5-1
Products or sales support items that are damaged, short supplied, blemished or defective in packaging will be replaced. Members may make requests for replacement by telephone or appear in person within 14 days from the receipt of the products. Such defective items together with the relevant invoices shall be produced for Anemos inspection. After inspection and verification by Anemos, the defective items will be replaced within 7 working days without charge.Replacement ONLY on approved cases
Article3-5-2
Anemos will not interfere with transaction among member but will take actions on incidents that violate this Membership Agreement including termination of membership of the defaulting party.
Article 4. Members' Right and Duty
Article 4-1 Complying with the Membership Agreement
Members are obliged to follow and observe all the regulations laid down in this Membership Agreement. Anemos will from time to time make amendments to the regulations and other rules if need be. Amendments will be announced in printed materials of Anemos or communicated to members through other means. Members shall also comply and observe the provisions of the Direct Sales Act 1993 and all other relevant legislations in force for the time being including all amendments and modifications thereof.
Article 4-2 Purchases
Article4-2-1
Members have the duty to purchase products from Anemos in accordance to the package/rank and/or quantity as stated in the pricing package issued by Anemos.
Article4-2-2
On receipt of the purchased products, members should inspect the items, quantity, package etc. of the delivery immediately. If discrepancies or defective goods are found, they should be raised to Anemos within 14 days together with the invoice for replacement. Otherwise, the products are deemed to have been received in proper condition.
Article 4-3 Recruitment
Members have the right to introduce others to participate in the business of Anemos and to become a Anemos member.
Article4-3-1
Sponsors are required to provide a complete set of membership information to the applicant for consideration and cannot pressure the applicant to buy or stock up on our products.
Article4-3-2
Before signing the "Membership Registration Application Form" the sponsor should have truthfully and clearly presented to the applicant in full this Membership Agreement and other related information. Any attempt to mislead, cheat, conceal or misrepresent is absolutely prohibited. The applicant should be invited to sign on the application only after the applicant fully understands this document
Article 4-3 Sales
Article4-4-1
In sales activities, members are not allowed to distort or misrepresent the price, quality or ingredients of products of Anemos by any means, nor should they make exaggerated and deceitful statements relating to the functions of the products. If and when such an act causes damage to Anemos, members are liable for any and all damages and legal action will be taken accordingly.
Article4-4-2
In promoting a product, members should explain in detail the information contained on the product label.
Article4-4-3
The essence of the Anemos multi-level-marketing business is to protect our members and to allow our members to make safe use of our products; members are not allowed to display Anemos goods and merchandise at retail shops, auction sites and other public places without prior consent from Anemos.
Article4-4-4
Members are not allowed to promote or sell products that do not belong to Anemos during Anemos business activities.
Article4-4-5
Claims of sole franchise or exclusive regional rights etc of Anemos are forbidden. Members are not allowed to express that they are under the employment of, or in partnership with Anemos.
Article4-4-6
Anemos will not interfere with transactions among members but will take actions on incidents that violate this Membership Agreement such as termination of membership.
Article 4-5 Education
Article4-5-1
The relationship between the sponsor and the applicant is that of an upline and a downline, therefore sponsors have the responsibility to educate, encourage and assist the career development of the downline.
Article4-5-2
Members have the obligation to participate in education courses organised by Anemos; refusal to participate in such events will lead to Anemos refraining from giving public recognition of membership or publishing the events in printed publications.
Article 4-6
Members shall not make unauthorised demands, statements, criticism or announcements in public relating to Anemos, its group companies, or their products. Members shall also refrain from all acts or omissions that will cause damage to the reputation of Anemos, its group companies, or their products. Anemos reserves the right take all necessary actions against the defaulting member(s) including termination of membership and the initiation of legal proceedings against such member(s).
Article 4-7
Members shall observe the laws of Malaysia and shall refrain from all actions or omissions that will cause damage to Anemos or its group companies.
Article 4-8
Members shall not concurrently be involved whether directly or indirectly in the sale of goods through the multi-level marketing system or be involved in the management of any other multi-level marketing company or engage in other sales activities for products identical to or similar with the products of Anemos or to recruit or introduce other members of Anemos to carry on or engage in abovesaid activities.
Article 4-9
In the course of a member exercising his/her rights (initiation, selling, education etc.), if it is discovered that damages have been inflicted on Anemos or its reputation, Anemos’ group companies or their reputation, or reputation of other members, or the well-being of the organisation, Anemos reserves the right to take appropriate action against the member including termination of membership.
Article 4-10
Infringement of the events mentioned above will result in revocation of membership. Terminated members are not entitled for any of the commission (if any) or happening of any of the events of default provided downward.
Article4-10-1
Violating any of the terms and conditions of this Membership Agreement or any amendment or modification thereof or any rules and regulations made by Anemos from time to time which in the opinion of Anemos has caused or likely to cause damage to Anemos or its reputation, or Anemos' group companies or their reputation.
Article4-10-2
Use of deceitful or misleading means to promote or sell products and services or to solicit others to participate in sales organisations.
Article4-10-3
Making use of stratified direct selling activities for profiteering purposes.
Article4-10-4
Conducting sales activities by creating disruption to public order or by means of anti-social behaviour.
Article4-10-5
Engaging in illegal, immoral, unauthorised or unorthodox activities to distort the orderly conduct of the market, causing serious damage to the consumer.
Article4-10-6
Engaging in direct selling activities that contravene the local laws.
Article4-10-7
Engaging in re-selling of Anemos's product.
Article4-10-8
Influencing an existing member to move to another organisation within Anemos
Article4-10-9
Moving to another organisation within Anemos or its companies
Article 4-11 Taxation
All income derived from Anemos activities must be reported accurately, truly and honestly to the Inland Revenue Board of Malaysia in accordance with the taxation laws of Malaysia. Members shall be solely responsible to pay any tax due from their income from Anemos.
Article 5 Business Opportunity & Product Presentations
Article 5-1
When conducting an introductory meeting for potential members, the approach should be honest, objective and professional and members shall not cause the potential members to be misled or deceived. The following approaches are not permitted:
Article5-1-1
that this is an employment opportunity
Article5-1-2
that this is a social or non-business gathering.
Article5-1-3
that this is a seminar/gathering on taxation, finance, investment or other similar purposes to promote sale.
Article 5-2
When conducting an induction meeting for new members, the potential members must not be given the following misleading impression or promises:
Article5-2-1
that there is tax benefit to be derived by joining Anemos.
Article5-2-2
that the income are guaranteed.
Article5-2-3
that this is an opportunity to become rich as joining Anemos means "quick money" and that one can get rich by spending only a little effort.
Article 5-3
When explaining benefits and earnings, members must follow these guidelines:
Article5-3-1
To make use of the relevant information set out in this Membership Agreement or any other printed matters of Anemos but to make clear and point out that any figures or amount given are for illustration purposes only and are not guaranteed.
Article5-3-2
When citing actual example of any member's performance, prior consent of the member's concerned must first have been obtained.
Article5-3-3
Citing examples of success or benefits are allowed, but such examples are to be confined to those attained by or given to Anemos members.
Article 6 The Use of the trademark of Anemos
Article 6-1 Proprietary right of the trademark of Anemos
Article6-1-1
Anemos' logo and related trademarks are registered trademarks and exclusively owned by Anemos. Members are not allowed to use such logos and trademarks without the consent of Anemos in writing. Anemos' group companies have exclusive ownership of their own logos and related trademarks, which are registered trademarks. Anemos members are not allowed to use such logos and trademarks without the consent of relevant Anemos' group companies in writing.
Article6-1-2
Members are not allowed to use the name, labels or trademarks of Anemos or its group companies unless written authorisation by Anemos or its group companies, whichever applicable, is obtained.
Article6-1-3
To avoid infringement of trademarks or patents and for the protection of Anemos and its group companies, members or their agents are forbidden to advertise Anemos' or its group companies' name or products or their related activities in electronic or print media, or make use of Anemos' promotional mechanism for the purpose of business gains.
Article 6-2 Intellectual Property
All rights in the publications and digital materials of Anemos and its group companies such as membership journals, written material, audio-visual productions, artistic designs, drawings, website contents, scripts, etc., shall belong absolutely to Anemos and its group companies respectively and are protected under the laws. Unauthorised use of such publications or infringement of such rights will be prosecuted. Anemos and its group companies reserve the right to take legal action against any party who infringes their copyright(s).
Article6-2-1
Unauthorised recording or duplication of Anemos' business activities, conferences, speeches are strictly prohibited.
Article6-2-2
The unauthorised duplication of recordings, videotaping or copying of briefings or speeches of Anemos' spokesperson, representatives, speakers, executives, directors or other presentations are prohibited.
Article6-2-3
The duplication or copying of Anemos' audio-visual material is prohibited
Article6-2-4
Any material produced by members for the promotion and sales of Anemos products or the products of its group companies must have acquired prior approval of Anemos or its group companies, whichever applicable, before presenting it to the public.
Article 6-3 Contravention of the provisions in this Article shall result in the termination of membership.
Contravention of the provisions in this Article shall result in the termination of membership.
Article 7 Regulations Relating for Non-Local Citizens
Article7-1
For registration of Non-Local Citizens who does not have a valid working permit, it is required to submit Valid Passport with more than 6 months valid period.
Article7-2
Any ex-member of Anemos due to voluntary termination of membership shall be entitled to apply to become members of Anemos again 6 months thereafter
Article7-3
The Members of Anemos engaging in the business activities of Anemos must make tax return honestly in accordance with the local law and pay tax accordingly. Tax evasion is not allowed.
Article 8 Others
Article8-1
Upline may make enquiry of data of Downline, provided such enquiry is restricted to the names and registration numbers of the Downline. No other information will be furnished without the express consent of the member concerned. Downline is not entitled to make enquiry of data of Upline.
Article8-2
Anemos reserves the right to expand and develop markets outside country. Members’ trading activities are restricted and limited to local retail only. No attempt shall be made to export Anemos products or their related facilities. Any contravention of laws outside country will be the sole responsibility of the individual member.
Article8-3
Members are not allowed to trade nor engage in any activities in any country that Anemos has yet to be established in, aside from purchasing products through ALPHA SYSTEM of Anemos. In addition, exports of Anemos products and information etc. are not allowed.
Article8-4
Anemos has the absolute right to reject the application and/or terminate the membership if the applicant and/or member is found to be a bankrupt or insolvent or under receivership or wound-up (as the case may be).
Article8-5
Sound and video recordings made during Anemos' public activities or events such as initiation presentations, group travel, and ceremonies shall be made available to Anemos for the production of sales aids and/or for such purposes as Anemos may require. Members hereby waive all his/her/their copyright and intellectual property rights in such materials and agree that copyright and intellectual property rights relating thereto belong to Anemos. Members shall submit to Anemos such materials as and when so requested by Anemos, and will execute such deeds, documents or agreements when requested by Anemos to vest ownership of the copyright and intellectual property rights in such materials to Anemos.
Article8-6
In the event that a member has distorted or misrepresented Anemos’ marketing plans or the effect of its products, or those of its group companies, Anemos has the right to suspend the membership of that member until he/she has corrected the mistake, and the right of supervision to rectify the mistake.
Article8-7
During the period of suspension of membership, member’s entitlements and benefits will be retained temporarily by Anemos or be dealt with directly by Anemos until the suspension is lifted. Members shall have no objection to this and shall not have the right to initiate legal action against Anemos.
Article8-8
Anemos reserves the right to amend this Membership Agreement at any time without notice to its members.
Article8-9
In the case of disputes between Anemos and its members, the laws of the country shall apply. Anemos and its members agree to submit to the exclusive jurisdiction of the local courts and that the losing party shall bear all legal costs and damages.
Article8-10
All efforts have been made to conform to the Local laws in the making of this Membership Agreement. In the case of any conflict, the laws of the country shall prevail.
Article8-11
Should there be any conflict between the English version, the Malay version and the Chinese version, the English version shall prevail.
Disclaimer
The contents of this document are provided for general information and do not constitute legal advice. Members should seek legal advice from their own lawyer.
Privacy Policy Statement
Our business has been built on the trust and confidence our members place on us. Accordingly, we have a duty to safeguard and keep confidential any information relating our members. In addition to our duty of confidentiality to members, we shall always fully observe the Personal Data (Privacy) Ordinance of the countries in collecting, maintaining and using the personal data of members.
USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
When you register for an Account, and whenever you log on to your Account thereafter, you have the option to sign up to receive and to opt out of receiving, information emails (such as newsletters, information on offers, offers from our sister companies, etc). You are able to unsubscribe from such information emails at any time by logging in to your Account or by sending an email to unsubscribe.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site, and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of the Government of Malaysia to waive any objections based upon venue.
ARBITRATION
Any controversy, claim, or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
PROCESSING YOUR ORDERS
Your order will be shipped out in 3 working days and you will receive an email that will include a tracking number and courier used. Delivery usually takes 5-12 days from the shipped date, excluding holidays.
Anemos Management Sdn Bhd. 201501018755 (1144089-M)
D-9-10, BLOCK D, Kelana Square, No.17, Jalan SS7/26, Kelana Jaya, 47301 Petaling Jaya, Selangor, Malaysia.