TERMS AND CONDITIONS
1. Applicants for STAY YOUNG membership (member/distributor) must be individuals of 18 years and above, citizens or permanent residents of Malaysia, and must not be undischarged bankrupts.
2. If an applicant has an immediate family member(s) who is an (are) existing STAY YOUNG member/distributor(s), that applicant shall be sponsored by an immediate family member. Immediate family members are defined as spouse, parents, brothers, sisters, and children.
3. Body corporate, businesses, trusts and partnerships will not be accepted as applicants for membership (member/distributor);only an individual person is entitled to one STAY YOUNG account.
4. Applicants must submit their application via the STAY YOUNG official website. Payment of the monthly registration fee and registration of membership details must be given prior to the activation of the applicants STAY YOUNG account. Members must pay with approved methods of money transfer dictated by none other than STAY YOUNG. Failing so STAY YOUNG shall not be held responsible in any way for any consequences.
5. An applicant shall be entitled to only one membership at any one time.
6. If a person holds more than one active membership, all such subsequent proxy memberships shall be deemed to be null and void, and any registration fee(s) paid for subsequent membership(s) being either member or distributor shall be forfeited.
STATUS OF MEMBERS
7. STAY YOUNG members are independent contractors, and shall operate their memberships as independent dealers or distributors of products marketed by STAY YOUNG.
8. STAY YOUNG members shall not be deemed to be or represent themselves to be agents, partners, representative, legal or otherwise, franchisees and/or employees of STAY YOUNG.
9. STAY YOUNG and its employees are fully indemnified and exonerated from any form of legal claim, pursue and/or liability attributed to any misconduct, unauthorized manner and/or malicious activities conducted by STAY YOUNG's members/distributors through any platform towards any targeted customer during the continuance term of membership or distributorship herein which expressly or impliedly contravene with and breach of any prescribed laws in Malaysia.
10. STAY YOUNG members shall be solely 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 inactive.
12. Memberships which have been deemed inactive may re-apply for membership either under the original sponsor.
13. STAY YOUNG members shall retail all products marketed by STAY YOUNG at STAY YOUNG's approved retail prices. STAY YOUNG also reserves the right to amend the prices of all and or any STAY YOUNG products at any time without prior notice.
14. STAY YOUNG members are automatically entitled to participate in any of the incentive programs launched by the Company.
15. A STAY YOUNG member shall not permit, allow or in any manner directly or /indirectly participate in the sale and/or display of any / all products marketed by STAY YOUNG at unauthorized premises and/or through internet online websites, including retail, counters, market stalls or public area, without prior written approval of STAY YOUNG.
16. Members are not allowed either directly or indirectly create and/or offer schemes of free membership, lucky draws or any other form of inducements, financial arrangements or promises to entice individuals or existing STAY YOUNG members of another network to register as STAY YOUNG members under their network, unless directly approved by STAY YOUNG customer support on a case by case basis.
MEMBERSHIP TERMS AND CONDITIONS
17. 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, and making subsequent purchases and/or sponsor under the new membership. The new membership used in such circumstances as proxy is deemed a phantom membership and shall be regarded as a dual membership which can be terminated by the company under clause 6
18. Members are strictly prohibited from enticing any existing STAY YOUNG member joining into any other direct selling companies in which the nature of businesses are directly competing with STAY YOUNG.
19. STAY YOUNG members must acquire permission directly from the STAY YOUNG customer support prior to using the STAY YOUNG logo for any marketing, advertising or trading purposes during the continuance term of membership or distributorship herein.
20. Members shall not use the STAY YOUNG logo, trade mark, letterhead, stationery and/or any other representations of STAY YOUNG without the prior written approval of STAY YOUNG.
21. Members shall conduct themselves in an honest and ethical manner and shall not in any way injure, or cause disrepute to STAY YOUNG, STAY YOUNG's name and/or its affiliated brand names
22. STAY YOUNG 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 Direct Sales and AntiPyramid Schemes Act 1993 ( Laws of Malaysia - Act 500)
23. STAY YOUNG may effect, upon application in writing, the transfer of the membership of any member concerned to his/her heirs, assignees or successors-in-title, in the event of any of the following:
(a) the demise of the member concerned; or
(b) where the member concerned has been medically certified to be insane.
24. Members may in any, of the following circumstances, apply to STAY YOUNG for the transfer of his/her membership to his/her nominee subject to STAY YOUNG's approval:
(a) where the member concerned has furnished sufficient evidence of migration; or
(b) under any other special circumstances and such application being made under this subsection subject to approval at STAY YOUNG's final and unfettered discretion.
CANCELLATION & RE-APPLICATION
25. A STAY YOUNG member may cancel his or her membership by submitting a written request or by email to STAY YOUNG’s customer support. Following the membership cancellation, the STAY YOUNG member concerned may re-apply under a different sponsor, and pay the full prescribed membership registration fees. The STAY YOUNG member concerned shall have no rights, interests or claims with regard to the earlier cancelled membership.
26. All membership fees and products sold to a member are non refundable and returnable prior to or after cancellation of said member.
27. Any violation, non-compliance or breach of any of the STAY YOUNG Membership Terms and Conditions may result, at STAY YOUNG's discretion, in one or more of the following disciplinary actions:
(a) STAY YOUNG may suspend the membership including receipt of any bonuses or incentives, and/or terminate the membership.
(b) In the event of the termination of a membership the terminated member's group shall be transferred, or re-adjusted at STAY YOUNG's sole and unfettered discretion.
(c) STAY YOUNG shall be entitled to make necessary adjustments and/or rectification to any network groups and lines as it deems fit and proper.
(d) In addition to STAY YOUNG's rights as above, STAY YOUNG further reserves the right to take any other course of action or claims against any member who has violated any of the above terms and conditions.
28. It is advisable and/or expedient for the customers to sign up membership with the Company upon the purchase of the bird's nest products with the Company to enjoy a rebate of RM20.00 for each bird's nest products of the Company during every purchase with the consideration that the sum of RM10.00 for every calendar month is to be paid by the members in the favour of the Company via the auto debit manner in which regular or recurring payments to be collected automatically from a credit or debit card of the members being the membership fee in order to sustain the activeness of the membership of the members with the Company.
29. STAY YOUNG 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.
30. Any particular waiver by STAY YOUNG 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 breach.
31. 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.
32. Terms and Conditions herein have been invoked and enunciated in the English Language being the ultimate and absolute version which will take precedence over any other versions if made available thereto, and all contents of this Terms and Conditions have been subjected and adhered to the relevant legislations formed under the Malaysian laws thus any issue or question of laws which comes into dispute hereinafter shall be governed by and construed in accordance with the laws of Malaysia.
33. STAY YOUNG's products are strictly only allowed for the distribution within Malaysia by the members and in any event should STAY YOUNG has discovered that any member who by all means or manners distributes the products of STAY YOUNG out of Malaysia without the prior approval or consent of STAY YOUNG, the member shall be subjected to the disciplinary action cited herein.
34. STAY YOUNG is fully indemnified by the members from any claim, liability and/or legal responsibility for any misconduct, illegal and/or unauthorized foreign activity carried out by the members/distributors which breach any terms and conditions cited herein.
35. STAY YOUNG reserves the absolute right to expand, enlarge and/or enhance competitiveness of its market by any form of venture or equivalent methods to overseas,
all the existing members/distributors in the region of Malaysia are prohibited from carrying out any similar business, trade or distribution of products directly competitive with the Company for any other third party including but not limited to its business ventures overseas.
36. Members of the Company give irrevocable consent to the Company to display, publish and/or broadcast any authorised information divulgence relating to the members upon necessity that is appropriate and expedient in the opinion of the Company within the STAY YOUNG website or any other of its domains and in whatsoever condition or reason arises thereinafter the Company shall not be held responsible or accountable for any breach, misuse and/or invasion of privacy committed by any other third party upon the authorised information divulgence relating to the members obtained from the STAY YOUNG website or any other of its domains either under any provision of the Personal Data Protection Act 2010 or any other equivalent laws or proceedings.
37. Members of the Company irrevocably agree to pay, remit and/or commit to the recurring payment for the minimum purchase of a package of bird's nest products with the Company on monthly basis wherein the available choices of the products are including but not limited to Four Season (mix flavour), Red Dates (purple), Goji Berry (blue) and Honey Rock Sugar (pink) which acquirable from the membership store as well as the sum of RM10.00 for every calendar month in the favour of the Company via the auto debit manner in which regular or recurring payments to be collected automatically from a credit or debit card of the members.
38. Other translations of this Terms and Conditions may be viewed and/or downloaded at Stay Young’s official websites: https://goldenbirdsnest.com.my