Atomy Malaysia Member Management Regulations

•Effective Date This Agreement is made between Atomy Malaysia Sdn Bhd (“hereinafter referred to as the Company”) and members accepted and/or approved by the Company (hereinafter referred to as “the Members”).
This Agreement shall enter into force starting from 2nd March 2022. Except as expressly modified or amended herein and/or by the Direct Sales and Anti Pyramid Scheme 1993, matters arising before this Agreement shall be governed by and construed in accordance with any arrangements entered into prior to this Agreement.

The management regulations in this Agreement (“hereinafter referred to as “the Regulations”) set forth the rules to be observed by the Members during the course of the Agreement.
In the event that the Members violate any of the Regulations herein, the Company shall have the authority to impose sanctions, including but not limited to issuing warnings, suspending or terminating the Members’ membership.
Recognizing and acknowledging that it is essential for protection and enhancement of the name of the Company and the goodwill pertaining thereto, Members shall perform their duties professionally and in accordance with the standards established by the Company from time to time, and the Members shall not act, and shall refrain from acting, in any manner that could harm or tarnish the name, business or income of the Company or the good will pertaining thereto.
Members confirm that they are familiar and will comply with the Regulations which shall be modified, amended or adopted by the Company from time to time. Amendments made to the Regulations may be delivered through official publications, the Company’s website, official documents, etc., and Members will be deemed to have familiarized and accepted the amendments.

•Chapter 1: General Provisions

Article 1. Interpretation 1) Club Members mean any members with Leader Club Title.
2) Higher-level Members mean all members whose rank are above the member which is being referred to.
3) Any reference in this Agreement to a statutory provision shall include that provision and any regulations made in pursuance thereof as from time to time modified or re-enacted.
4) Headings in this Agreement are for convenience only and shall not affect its construction.
5) Any reference in this Agreement to “this Agreement” includes all amendments, additions, and variations thereto agreed between the Parties.
6) Unless the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing a specific gender shall include the other genders (male, female or neuter), and “person” shall include an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representative, unincorporated association, joint venture, syndicate or other business enterprise, any governmental, administrative or regulatory authority or agency (notwithstanding that “person” may be sometimes used herein in conjunction with some of such words), and their respective successors, legal personal representatives and assigns, as the case may be, and pronouns shall have a similarly extended meaning.
7) Unless otherwise stated, where the Members are cumulatively, or collectively mentioned in this Agreement in relation to the performance or provision of a warranty or an obligation, undertaking or indemnity or the acknowledgment of or agreement to any matter, the same shall be and is hereby undertaken by each of them jointly and severally.

Article 2. Purpose The Regulations aim to establish a sound and correct distribution culture and promote mutual prosperity between the Company and its Members by ensuring both parties comply with the regulations for the sale of Atomy Malaysia goods (hereinafter referred to as the “Goods”).

Article 3. Scope of Application Unless otherwise specified, this Agreement regulates and governs the management of the Members in the Company.

Article 4. Application of Relevant Laws The validity, interpretation and performance of this Agreement shall be governed in all respects by the Direct Sales and Anti Pyramid Act 1993 and any other relevant legislation, applicable laws and/or regulations in Malaysia.

Article 5. Subject of Application This regulation applies to all members registered with the Company.

Article 6. Relationship of Company and Members 1) The Parties agree that nothing herein shall be construed or deemed to create an employment, a partnership or joint venture relationship with the Company, its parent, subsidiaries or affiliates for any purpose whatsoever.
2) The Members do not have, nor will the Member hold itself out as having, any right, power or authority to create any contract or obligation, either express or implied, on behalf of the Company, its parents, subsidiaries or affiliates save and except for the terms being agreed in this Agreement.
3) The Members hereby agree to indemnify and save harmless the Company from and against any loss, costs or other liability whatsoever arising from or out of or in any way related to the services by the Members to any merchant or out of the wanton or reckless conduct or dishonesty of the Members in respect of any such services.

Article 7. Intellectual Property 1) The Members hereby acknowledge and agree that all intellectual property belonging to or in the name of the Company shall be and remain the exclusive property of the Company and the Members shall not at any time acquire or claim any right, title or interest in or to any such intellectual property.
2) For the purpose hereof, the term “Intellectual Property” shall mean all intellectual property and proprietary rights, including:
 a. Inventions (whether patented, unpatented or un-patentable);
 b. Branding and trademarks;
 c. Copyrights and works of authorship;
 d. Industrial design, mask works and mask work rights;
 e. Trade secrets, know-how and confidential business information (including technical data and documents);
 f. Software and algorithms;
 g. Domain names, web presence and website content;
 h. Advertising and promotional materials; and
 i. All tangible and intangible manifestations of such intellectual property.

Article 8. Limitation of Liability 1) In no event shall either Party under this Agreement have any liability to the other for any special, consequential, exemplary, incidental, or punitive damages arising out of this Agreement or in connection with any performance under this Agreement.
2) Any limitation of liability agreed herein shall not apply, restrict, or exclude a defaulting Party’s liability in cases of willful or intentional misconduct, or gross negligence by the defaulting Party in which case the defaulting Party shall be fully liable to indemnify the non-defaulting Party of all losses on a full indemnity basis. Without derogating from the generality of the foregoing, such act shall include, but shall not be limited to:
 a. Fraud, or fraudulent misrepresentation;
 b. Death and personal injury due to negligence;
 c. Damage to real and personal property;
 d. Willfully malicious conduct;
 e. Breach of any Intellectual Property rights;
 f. Breach of confidentiality obligation herein;
 g. Any acts or omissions which give rise to third parties claims against the innocent Party;
 h. Any other conduct to the extent that any inclusion or limitation is prohibited by the Laws.

Article 9. Non-competition And Non-permitted Use of Company’s Resources 1) During the course of this Agreement, Club Members agree and undertake to the Company to refrain from engaging, directly, or indirectly, in any form of commercial competition with the Company.
2) During the course of this Agreement, the Member agrees and undertakes the Company to refrain from using any resources belonging to the Company directly or indirectly, in any form of collaboration to promote the Member’s own business.

Article 10. General Provisions 1) If any party hereto shall consist of more than one person, then the liability of those persons in all respect under this Agreement shall be a joint liability of all those persons and a liability of each of those persons severally.
2) No failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon such party in terms of this Agreement shall operate as a waiver of such power nor shall operate as a waiver of such power or future exercise thereof or the exercise of any other power or right under this Agreement.
3) If any of the provisions shall be invalid and not enforceable in accordance with its terms, all other provisions, which are self-sustaining and capable of separate enforcement without regards to the invalid provision, shall be and continue to be valid and enforceable in accordance with their terms.
4) No failure or delay by the Company in exercising any claim remedy, right, power or privilege under this agreement shall operate as a waiver nor shall any single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereof or exercise of any other claim right power or privilege.
5) Any remedy or right conferred upon the Company for breach of this Agreement shall be in addition to and without prejudice to all other rights and remedies available to it.

•Chapter 2: Members’ Obligations

Article 11. Obligation to Acquire and Deliver Accurate Information The Company shall provide all of the Company’s regulations and product information at the time of membership registration, and the Member shall familiarize himself or herself with all regulations and information at the same time as registration and deliver only the information officially presented by the Company, without any distortion or exaggeration of the content.

Article 12. Obligation of Due Diligence in Sales Activities Members shall conduct the due diligence on the Goods and shall thereafter use commercially reasonable efforts to promote, market and sell the Goods. Members must also provide their contact information to the consumers (Members) who have purchased the Goods and to the other members which they have recommended and sponsored.

Article 13. Obligation to Provide Training Support and Complete Training A higher-level Member should maintain contact, provide training, give guidance, and encouragement to other Members which they have recommended and sponsored. The higher-level Member shall ensure that the business activities conducted by the Members which they have recommended and sponsored are in compliance with all law, rules and regulations. To ensure timely and economical resolution of disputes which may be arise between customer and the members, a higher-level member shall assist and attempt to resolve the disputes promptly and amicably.

Article 14. Obligation of a Mastership Achiever Members who have achieved mastership are required to participate in company activities such as the One Day Seminar and Success Academy which are organized by the company periodically.

Article 15. Tax Obligations Each party shall be responsible for the payment of its own taxes. Neither party shall be responsible or liable for the other party’s taxes in connection with this Agreement.

Article 16. Obligation of Compliance with Relevant Laws and Regulations All Members shall, upon registration, be deemed to have consented to the ‘Atomy Malaysia Member Management Regulations,’ as well as the Company’s various other regulations. Therefore, Members shall comply with the relevant laws, as well as all regulations and training and management established by the Company, when conducting sales activities. The terms and conditions stated on various application forms such as Line Change, Termination, Recovery, Product Exchange/Refund, etc., will be updated from time to time without any prior notification provided. By submitting the application, a member is deemed to acknowledge, agree and accept with all terms and conditions and no appeals will be entertained.

Article 17. Politics 1) The Company is an apolitical organization and it is not linked to any political party locally or overseas.
2) Members shall not use the name Atomy to participate in any local or overseas political activities.
3) Members shall not represent the Company to support any local or overseas political party.
4) Members shall not use his or her official authority for the purpose of participating in any political activity.
5) Member shall not command or solicit in a coercive force fashion from any other Member direct or indirect participation in any political activity or enforce or solicit in a coercive fashion contribution for any political party, organization, or candidate.

Article 18. Religion 1) The Company is a non-religious organization. It recruits members from all faiths and does not promote any religion whatsoever.
2) Members shall not use the name Atomy to participate in any local or overseas religious activities.
3) Members shall not represent the Company to support any local or overseas religious activities.
4) Members shall not use his or her official authority for the purpose of participating in any religious activity.
5) Member shall not command or solicit in a coercive force fashion from any other Member direct or indirect participation in any religious activity or enforce or solicit in a coercive fashion contribution for any religious party, organization, or candidate.

•Chapter 3: Prohibitions for Members

Article 19. False/Illegal/Duplicate Registration A person and/or spouse are only eligible for one Atomy membership ID. Members are required to use personal information as per his/her own identity to register as a member. No registration under third-party identity is allowed.
Further, the information provided and to be provided by each Member for membership registration shall not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make statements therein.
Breaching this obligation shall include acts of registering a person without his/her consent, registering false information, or duplicate registration of one person and/or spouses being registered together which is against the company's membership registration rules.
Any failure by Members to comply with the obligation set forth herein shall be deemed to be a material breach for which the Company may exercise its termination right and any other available remedies at law.

Article 20. Forced Membership Registration or Sales Contract Members shall not force the conclusion of a contract for the sale of Goods or exert force on the other party for the purpose of obstructing the cancellation of a purchase or the termination of a contract.

Article 21. Dissemination of False Information or Exaggerated Facts 1) Members shall not engage in conduct which is misleading or deceptive or which is likely to mislead or deceive, e.g., provide false information about the price and quality of the Goods, or commit any acts that may mislead the other party into believing that the price and quality are significantly superior or more advantageous in order to induce the other party to enter into transaction.
2) Members shall not, at any time, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, slander and/or disparage other companies’ business.
3) Members shall not engage in an act which may impose any burden or duty on the other Members and/or any potential members, in any form of subscription fees, sales aids, and training expenses.

Article 22. Acts Regarding Cancellation of Purchase Members shall not perform any of the following acts:
1) Damaging part of a product or changing the address, phone number, etc., for the purpose of attempting the cancellation of a purchase or the termination of a contract, or causing a delay in the use of certain Goods for the purpose of discouraging the other party from returning the Goods;
2) Returning or exchanging Goods without the purchaser’s consent;
3) Registering as a Member on another line under his or her own name or another person’s name by deliberately returning Goods, withdrawing from membership at the same time, or inducing others to sign up as such; or
4) Deliberately inducing returns from other Members or systematically returning them in groups for purposes such as moving to another company.

Article 23. Excessive Purchase or Forced Purchase 1) Members shall not force the sale of Goods to the other party in a manner in which the party is unable to freely exercise their independent will.
2) Members shall not purchase Goods excessively, place a burden on a member that they have recommended and sponsored, or force any purchase for the purpose of securing promotion or commissions for him/herself or a Mastership Holder. The practice of “product hoarding” is disallowed.

Article 24. Sales Activities Using Social Status Members of higher social status shall not, directly or indirectly, exert undue influence with the purpose of influencing or forcing others to register under his or her lineage. Members are not allowed to abuse their power against other members or partners with their position level in the Company. Members shall not be compelled to make any form of contributions or to commit any acts if they do not wish to do so.

Article 25. Act of Impersonating Company Employees and Exclusive Rights 1) Members shall not impersonate the Company’s representative, executive or employee with other persons.
2) Members shall not falsely present the Goods as third-party products or fraudulently make any exclusive sales rights over the Goods.
3) Members shall not allow any unregistered person to act as Member of the Company.

Article 26. Exaggerated Advertisement and Neglect of Duty of Information Delivery Members shall not convey wrong or exaggerated information about the Goods and commission payment structure. Members shall follow up with the customers to discuss any issues, problems or other matters in connection with the sale of Goods.

Article 27. Promise of Easy Money and Solicitation of Sales Members shall not make any promise of easy money to any persons with the purpose of soliciting or inducing them entering into or participating in any business or arrangement with the Company.

Article 28. Use of Members’ Personal Information Personal data obtained by Members during the course of business with the Company shall be data strictly necessary for performance of the business and may only be applied or used to fulfill the purpose of the business. Such data shall not be transferred or handed to third parties. Members shall take necessary measures to guarantee the security of personal data and prevent such data from being altered, lost, processed or accessed without the individual’s prior consent.

Article 29. Mass Media Advertising and Sales Activities Using Mass Media Advertising 1) Prohibition of the Production of Company Advertisements or Printed Materials through Mass Media
 i. Members are not allowed to advertise Company’s products using any commercial mass communication media which include any paid advertisements, business entity platforms, non-profit organization platforms, news channels, written articles, radio and television channels, internet and other public channels as such. Without prior permission from the Company, members are prohibited to represent the company in terms of promotional activities such as interviews, news coverage or other public forums.
 ii. Members must protect Atomy trademarks and trade names and shall obtain the Company's written permission prior to use in any advertisement on internet, literature other than company-published, logos, images, and other marketing promotional devices. Any display of Atomy trademarks and trade names on a business signage, outside of a building, private properties and vehicles (including aircraft) shall be against Atomy Member Rules and Regulations.
 iii. Members are not allowed to print their own materials which include leaflets, brochures, catalogues, banners and other printed materials for their business purposes. The Company forbids members to create any team watermark, hashtag, picture, etc. to mislead other people during the Company’s promotion activity.
 iv. No lecture or training in Atomy Malaysia system shall be filmed or recorded (video or photograph), disclosed, posted or used for private purposes without the Company’s prior consent (including other acts not agreed to or approved by head office, such as dissemination via internet bulletin boards, blogs, social networking sites, leaflets, etc.).
 v. Use of information provided through the official website online after processing or modification is not allowed.
2) Prohibition of Display of Products or Sale of Products on Display
 i. Display and sale of the Goods in retail outlets, service establishments, private properties, offices, restaurants, event halls, exhibitions, promotional booths, vehicles (including aircraft) and any other public places are strictly prohibited. Members shall not be allowed to offer, encourage or persuade others to display or sell the Goods at the above-mentioned properties.
 ii. All Members shall purchase the products directly from the Company and shall not supply the products to anyone who intends to purchase them for resale purposes.
 iii. The Company forbids members to sell the Goods through personal websites (bidding sites, blog, homepage, café, etc.) and/or internet shopping malls and other portal sites.
3) Prohibition of Product Alteration or Repackaging
 i. Members shall not add, alter, or delete any content of the products provided by the Company or sell the products by opening or damaging the product packaging.
 ii. Members shall not add content to, alter, or delete the items or labels specified in the products and packaging, or sell the products after opening or damaging the packaging of said products. Products supplied by the Company may not be delivered in a way inconsistent with the Company’s marketing plans or sales methods.
4) Prohibition of Website-Related Activities
 i. The Company’s trade name and logo, which may lead to the page being mistaken for the Company’s official website, may not be used without the Company’s consent.
 ii. The Company’s business may not be exaggerated with unconfirmed information.
 iii. No advertising emails using the Company’s name or trademark may be sent without the consent of the relevant parties.
 iv. Members are not allowed to copy or set up Atomy websites for their own use, i.e., for selling products or recruiting members.
 v. Randomly mobile or online recruiting members are strictly prohibited.
 vi. Personal information of other Members may not be disclosed (all personal information such as IDs, passwords, contact information, etc.).
 vii. It is prohibited to sell products through other online platforms without the prior consent or approval from head office (Reseller).

Article 30. Abuse of Position and Neglect of Duty to Provide Training Support No member should use or attempt to use his or her official position to make any unreasonable request or to make any statement which significantly affects the qualification of a member which they have recommended or sponsored.
Members shall stop any wrongful business practices or any improper practices to prevent any violation of law, rules and regulations. Members shall not receive commissions without training and sponsoring other members with due diligence.

Article 31. Criticism and Scandal between Company and Member or between Members 1) Members shall not, during the course of the Agreement, nor at any time thereafter, directly or indirectly, in public or private, in any manner or in any medium whatsoever, deprecate, impugn or otherwise make any comments, writings, remarks or other expressions that would, or could be construed to, defame the Company.
2) Unethical behaviors of Members, such as personal issues between members, violence, reckless slandering and defamation that damage their character are prohibited by the Company. Members shall not perform any of the following acts:
 i. Obstruction of business with excessive personal demands in violation of the Company’s business regulations;
 ii. Causing chaos (senseless acts), verbal abuse, or violence in any business spaces (the Company, centers, events halls) (including such acts committed via phone, text message, documents, email, social network, etc.); “verbal abuse” refers to intimidating or threatening the other party by insulting or upsetting said party with offensive language, terms, speech, or intonation;
 iii. Causing controversy among Members for any reason, such as fraudulent use of money or credit cards.

Article 32. Transfer of Member Rights Members shall not sell, assign or otherwise transfer all or any portion of the Member’s Membership Interest at any time to any person.

Article 33. Monetary Transaction and Failure to Deliver Goods 1) The Company strictly prohibits monetary or product dealings between Members which involve the illicit use of credit cards or financial dealings. These dealings include joining fees, education/training fees, selling of starter kits/business tools, etc. Members shall not enter into any transactions which are unauthorized by the Company.
2) Members shall not use the organization of the Company to engage in, or arrange, money transactions without the exchange of Goods, or de facto money transactions under the guise of the exchange of Goods.
3) Members shall deliver the Goods or ensure that the Goods are delivered properly after the sale (contract) and explain the product information (intended use, etc.) including a description of the product.

Article 34. Forming Groups within Organization Members shall not form a separate group within the sales organization for purposes other than the sale of the goods (other businesses, socialization, and others) and openly refer to the group using a different name, put the purpose of the group over the sale of Goods, or exercise the personal influence of a Mastership Holder by organizing specific Members or Members in specific regions.

Article 35. Measures Against Cash Appropriation Members shall not replace sales made in cash by another Member with sales made with the card of the Member or another person for the purpose of appropriation. This may result in suspension or termination of membership depending on the seriousness of the matter.

•Chapter 4: Suspension

Article 36. Suspension of Member Qualifications 1) Member’s membership would be suspended if Members violate any provision of the Direct Sales and Anti-Pyramid Scheme Act 1993 and/or the regulations.
2) The Company shall provide the Member with an opportunity to remedy the breach, and if the Member does not remedy the breach within the time period specified in the notice given, or it becomes apparent to the Company that the Member cannot completely remedy the breach within the time specified in the notice given, or if the Member is not proceeding to remedy the breach in a way that is satisfactory to the Company, the Company may immediately terminate his membership.
3) The Regulation and penalties are applied evenhandedly to all Members without any discrimination.
4) Member whose membership has been suspended shall be subject to the following restrictions during the period of suspension, and the detailed items of punishment and the level of punishment shall be determined on a case-by-case basis;
 i. Loss of qualification to purchase and sell Goods;
 ii. Loss of qualification to recommend and sponsor new Members;
 iii. Prohibition from participating in the Atomy Malaysia System;
 iv. Prohibition from entering the center; and
 v. Any other punishment based on the measurement of severity.
5) In case of suspending membership, the Company may also impose disciplinary actions on the higher-level members (applicable not only direct but to all levels), based on a comprehensive consideration of whether they were aware of the violation beforehand, their obligations to provide adequate training support, and their responsibilities as higher-level member, depending on the seriousness of the matter.
6) In cases where a Member subject to an aggravated punishment fails to comply with the sanctions or violates the regulations again, he or she shall be subject to aggravated punishment (even in cases where the Member received a previous disciplinary action, he or she may be punished with an aggravated or higher-level sanction).

•Chapter 5: Public Notice and Non-Specified Matters

Article 37. Public Notice In order to foster a proper business culture, the Company may publicly announce in writing or through the Company’s official website, channel and social media platform, a list of the Members subject to a warning, membership suspension, or membership termination on account of a violation of these regulations.

Article 38. Non-Specified Matters Matters not specified in these Regulations shall be determined in accordance with the Company’s final decision.

Atomy Code of Ethics

In order to establish a respectful business culture and to ensure fair and honest business activities among members, Atomy Malaysia Sdn Bhd (hereinafter referred to as the "Company"), sets forth the Code of Ethics, and hereby requests all members of the Company (hereinafter referred to as “Members”) to comply accordingly.

All Members are subject to compliance of the Code of Ethics to prevent any unwanted disadvantages, and to encourage long-term growth of business based on mutual trust and respect between members. Hence, there would be various penalties for any violation of the following terms and conditions, depending on severity of breach.

Besides, all Members must comply with the Direct Sales and Anti-Pyramid Scheme Act 1993, Company’s Regulations and other relevant local laws and rules. Members must fully understand and adhere to the relevant laws concerning their business, as well as the company’s regulations. The Code of Ethics must be strictly adhered to in order to protect the members' business and for long-term growth of all parties involved.

•Chapter 1: Atomy Member Ethics Regulation As a member of Atomy Malaysia, I agree to always act with a sense of responsibility and comply with the “Members’ Obligations” specified in the Member Agreement and the following provisions.

Article 1. Maintenance of Honor and Dignity As a Member of Atomy Malaysia, I will always act sincerely and truthfully, with pride and an exemplary attitude, and a sense of responsibility and community.

Article 2. Compliance with Ethics Regulations and Enforcement Regulations In conducting Atomy business, I will familiarize myself with the terms of these Ethics Regulations, the Enforcement Regulations, and other regulations, rules, and guidelines, and engage in business based on them.

Article 3. Obligation of Familiarization with Marketing Plans and Accurate Notification Realizing that Atomy business requires earnest effort, I will familiarize myself with Atomy’s marketing plans and gain knowledge about the Goods, and will not spread wrong ideas in the course of sales activities and will do my best with regard to continuous education and training. I will accept any disciplinary action from the Company if I am found liable for any a violation of the regulation.

Article 4. Customer Satisfaction Guarantee By thoroughly understanding the customer satisfaction level with regard to the Goods sold and taking the required measures, I will make sure that consumers are informed of the quality of the Atomy Goods without distortion, false information, or exaggeration. I will promptly and accurately handle customer complaints and return requests in accordance with the procedures specified in Atomy Malaysia official publication so that no harm comes to customers.

Article 5. Punishment of Members in Violation In case of any violation of the company’s regulations such as these Ethics Regulations and the Enforcement Regulations, the Company will impose sanctions on a case-by-case basis, which shall include but not limited to restrictions on damage compensation or purchase of products, suspension of membership activities, suspension of general commission, and termination of membership. Upon termination, the terminated member is not allowed to continue practice of business as a member of the company.

•Chapter 2: Operation of Ethical Activities and Suspension of Membership The Company reserves the right to investigate all members’ activities. Members are required to fully cooperate during the investigation process.

Article 6. Operation of Ethical Activities by the Company In order to prevent the establishment of an incorrect business culture and damage to the good faith of other members, the company may take disciplinary actions for any violation of the Direct Sales and Anti-Pyramid Scheme Act 1993, or these Regulations, and Members shall comply with the decision.
1) Disciplinary procedures shall be commenced by the Company in the following ways:
 i. In case of a violation, any Member including the Company may register the violation along with the relevant materials.
 ii. The Company may request the Member in violation to provide an answer and supporting materials.
 iii. The Company shall then verify the facts and investigate the matter, and may suspend the member during the inquiry period.
 iv. The Company shall notify the Member and the relevant center in respect of decision and the sanctions imposed therefrom. Any appeal to the decisions must be made within 7 days from the date of the decision.
2) In the event that a corrective action is required immediately for the Member’s violation, qualification restriction may be imposed during the review period before a final decision is made on the Member.
3) Members shall faithfully cooperate with the Company, and any failure to comply with the investigation or interference with the review process may be subject to any further sanctions.

Article 7. Types of Sanctions 1) Membership Termination: Loss of membership
2) Suspension: Membership status is suspended for a certain period of time
3) Suspension with Commission on hold: Commissions are not to be paid for a certain period of time (paid in a lump sum when the suspension ends)
4) Suspension with Commission forfeit: Commissions do not occur for a certain period of time
5) Warning: In case of a minor and unintended violation of Atomy Malaysia member prohibitions, Ethics Regulation, or the Management Regulation
6) Caution: In case of a member showing a lack of understanding of the regulations and a need for training (in cases where the sanctions are accompanied by training requirements, the Member must complete the training provided by head office)

Article 8. Warning and Caution A member may be subject to aggravated punishment if receives two or more warnings in total for violation of the membership regulations.

General Terms and Conditions

The purpose of these terms and conditions is to establish a business relationship between Atomy Malaysia Sdn. Bhd. ("the Company") and Members (including “Distributors” and “Consumers”) by observing the mutual understanding of rules in selling the goods of the company. All matters regarding the member administration of the Company shall follow these Terms and Conditions. These rules and regulations shall be applicable to all Members.

•Chapter 1: Member Registration

Article 1. Member Qualifications Any Malaysian national is eligible to register as a Member without any restriction on qualification due to age, academic background, career, occupation, gender, religion, or physical disabilities subject to Article 2.

Article 2. Limitation on Registration Those falling under any of the following shall be restricted from registration:
1) A person who is restricted from joining a direct selling /marketing in accordance with Malaysia laws and regulations.
2) Executives and Employees of Atomy Malaysia Sdn Bhd and its subsidiaries.
3) Persons under 18 years of age at the time of registration.
4) Foreigners (excluding any MyPR card holders).
Notwithstanding the above restrictions for the registration, the Company may terminate the membership of a Member who registered in violation of Article 2 and the Company shall then not be liable for any loss or damages whatsoever arising therefrom.

Article 3. Registration of New Members 1) All members must be registered under their names and Identity Card number as stated in the Malaysia Identity Card, and the Company shall recognize only the qualifications of the registered members themselves. Claims of rights against others shall not be accepted if made by members who joined under other persons’ names.
2) Members must select only one type of membership, which is “Consumer” or “Distributor”. Members are allowed to change their membership status from consumer to distributor, and vice versa. Commission generated prior to the change of membership status from distributor to consumer will be paid out to members. However, selection of date of membership status change is not allowed.
3) Members who have opted for distributor membership must provide documents such as MyKad or MyPR card as required by the Company.
4) Members must certify that all of the information provided is complete and accurate, including the information of the sponsoring member. If any false or misleading information is found in the members' registration applications, the Company reserves the right to terminate the membership.
5) The company, at all times, reserves rights to review the membership. Access to the website after registration does not warrant acceptance by the Company. Once the membership is registered, members are not allowed to make any changes to their name and IC/PR card number.
6) Individual member should only have one account under his/her name. No multiple membership accounts are allowed within the country or abroad.

Article 4. Registration of Couple Membership 1) A married couple signing up for membership may only have a single member number. Duplicate membership is not allowed.
2) Couple members (a legally married couple) may register as a pair consisting of a main member and a sub-member. The registration and withdrawal procedures are the same as those applicable to regular members. However, if the main member withdraws from membership, the sub-member is automatically withdrawn.
3) Commissions are paid only to the main member, and all tax obligations, including income reports, are borne by the main member.
4) A main member or a sub-member may be changed by submitting an application form to the Company for the change of the main member or the sub-member, by mutual agreement. Application for or changes regarding Couple Membership must be submitted using one's legal name, and all information submitted must be true.
5) A legally married couple shall have a single member number in principle even if they do not register as couple members.
6) The Company shall recognize the spouse of a member as a Mastership Holder only if he or she is registered as a couple member (by granting qualification to join the Royal/Leaders Club and Mastership Holder Recognition Ceremonies, etc.).
7) In cases where two members become a legally married couple, each shall be separately recognized as a member only if he or she is a Sales Master or higher. Otherwise, in principle, the couple shall act under a single member number. If a legally married couple receive two separate member numbers, one for each member, the qualifications recognized for each member shall be based on his or her own position (qualification to join the Royal/Leaders Club, and participation in official events organized by the company).
8) Husbands with more than one legal wife can elect only one wife for the husband-and-wife partnership, subject to the appropriate local legislation. Subsequent wives who wish to be a member must be sponsored under this husband / wife partnership.
9) For duplicate couple members with masterships below the sales master level, members shall be subject to warning and termination of the latter ID, however, settlement may vary depending on each case.
10) In principle, when a legal couple gets divorced, membership shall be granted to the main member. However, in case membership is granted to a registered sub-member, a mutual agreement must be prepared, and the Company must be notified.

Article 5. Approval of Member Qualifications The membership for Consumer shall take effect when the applicant is granted a membership number (ID) by the Company. Meanwhile, successful membership enrolment for Distributor will only take effect upon the Company’s review of all the information and documents provided by the registrant, and the approval of membership shall be under the sole authority of the Company.

Article 6. Definition of Member Qualifications A Member registered with the Company shall be legally responsible for all activities he or she has performed as an independent Member who conducts sales activities on his or her own with respect to the business policies, marketing plans, and product purchases publicly presented by the Company.

Article 7. Member Information Management 1) At the time of registration, the Member shall clearly state his/her personal details, recommendations and sponsorship in accordance with the document procedures set by the Company, responsibility for any wrong information provided and defects in the submitted documents shall be borne by the submitting party.
2) Furthermore, the Member shall notify the Company immediately of any changes made to his or her personal information (address, phone number, bank account details etc.) and other necessary information, and all responsibility (mail return, etc.). The Company will not bear any responsibility if Members fail to receive commission or any other notices.

•Chapter 2: Member Qualifications and Activities

Article 8. Membership Validity Period 1) Members registered before 1st September 2020.
An initial duration of membership period begins from the following month of the approved registration and continues until the last day of the twelve (12) months. If a member has records of purchase during this period, the membership will be extended for twelve (12) months, from the following month the member has made the purchase.
2) Members registered from 1st September 2020 onwards
An initial duration of membership period begins from the following month of approved registration and continues until the last day of the six (6) months. If a member has records of purchase during this period, the membership will be extended for twelve (12) months, from the following month the member has made the purchase.

Article 9. Withdrawal Members may terminate the Agreement at any time and for any reason by giving thirty (30) days written notice to the Company. Membership will be withdrawn upon receipt and verification of the completed termination form from the Member. Rejoining can only be considered one year after the withdrawal from the termination date.

Article 10. Termination of Membership (Exclusion) 1) The Company reserves the right to terminate any membership without prior notice and with immediate effect or impose a penalty on members as a result of breach of any of the provisions herein. In determining what actions to take in the event of breach of the Agreement, the Company may consider without limitation the nature and severity of the breach. If members do not agree with the action taken by the company, members may file an appeal within 7 days together with supporting evidence to be submitted to appeal, however, the decision by the Company will be deemed final thereafter.
2) A Member’s membership will be terminated in the following cases:
 i. Registration or withdrawal without consent
 ii. Submitting false documents in connection with membership registration
 iii. Causing a serious operating loss to the company. “Serious operating loss” refers to financial loss by the Company due to a loss of company reputation, intentional mass return, or a lawsuit caused by a failure to comply with the Company regulations.
 iv. Recommending (introduction, inducement/registering, etc.), promoting or selling products or businesses of other direct selling marketing companies or similar direct selling marketing companies (including door-to-door sales/sponsored door-to-door sales similar to direct selling marketing) to the Company’s Members. Club members are forbidden to participate in other direct selling marketing businesses.
3) The Company may terminate the membership of a Member who caused a serious controversy without first suspending his or her membership and a termination of membership terminates all legal relationship between the Member and the Company, and the Member may no longer exercise any of his or her rights as a Member.
4) In case of terminating the membership of a Member, the Company may also impose disciplinary actions on the higher-level members (applicable not only direct but to all levels) based on a comprehensive consideration of whether they were aware of the violation beforehand, their obligations to provide adequate training support, and their responsibilities as Higher-level member, depending on the seriousness of the matter.

Article 11. Re-registration of Members 1) If a Member who without mastership ranking and registered before 1st September 2020 is automatically withdrawn from membership by the company due to no purchase in the past 1 year, the member is allowed to re-register on the next day from the date of withdrawal.
2) For members who without mastership ranking and registered after 1st September 2020, members are allowed to re-register on the next day from the date of withdrawal if the membership is withdrawn automatically by the company due to no purchase in the past 6 month.
3) Sales Masters may only be re-registered after one year of inactivity from the date of automatic withdrawal, and Diamond Masters and above may be re-registered after a two-year inactive period from the date of automatic withdrawal.
4) In case of a voluntary withdrawal from any mastership ranking, he or she may apply for registration only if he or she has not performed any activities for 12 months (365 days) from the date of withdrawal (hereinafter referred to as the “Inactive Period”). The term of “In-active” include
 i. Not allowed to conduct any Atomy related product sales activities
 ii. Not allowed to participate in any Atomy official offline/online events including Atomy education center related activities.
5) A withdrawn Member’s Inactive Period shall be extended if he/she fails to comply with it. In case of a Member who has had his or her membership terminated by a disciplinary action, the Company may permanently refuse to register him or her as a member.
6) With respect to a violation of the 12-month Inactive Period, a complaint may not be filed after two years have elapsed from the date of the violation.

Article 12. Inheritance Upon the death of a member, the member’s interest may be passed on to their spouse, children or designated family members as such, subject to acceptance of Company, Company’s Rules and Regulations and Malaysia government laws and regulations.

•Chapter 3: Logistic

Article 13. Order/Shipping 1) All Members must purchase Atomy products directly from the Company and shall not supply the products to anyone who intends to purchase them for resale purposes. All members are obliged to promote and sell Atomy products to end consumers ONLY.
2) A Member may not possess excessive stock when making a new purchase, or over-purchase Goods beyond the amount required for self-consumption or sale to other consumers. In case of over-purchase, the Member shall be restricted from cancelling the purchase (return).
3) Members of Atomy Malaysia must accurately understand their sales capabilities or level of consumption and purchase Goods accordingly.
4) Members must understand that all orders placed are subject to acceptance by the Company and the terms of this agreement.

Article 14: Exchange of Goods and Cancellation of Purchase 1. Exchange of Goods
“Exchange” refers to a system under the thirty (30)-day warranty system in which a Member of the Company may request the exchange of a purchased product for the same product due to defects in the product within 30 days after the purchase.
2. Return Refund / Unsatisfactory Goods
“Return Refund” refers to a system under the thirty (30)-day warranty system in which a Member of the Company may request a refund of a purchased product for due to defects in the product within 30 days after the purchase. PV generated and commissions gained from the aforesaid will be readjusted accordingly.

Article 15. Adjustment of Commission and PV gained for Cancellation of Purchase 1) The intentional action of Purchase and Return for the purpose of commission generation is strictly prohibited. The Company will honor the request of return and proceed with refund; however, any unlawfully gained commission will be recovered.
2) Any return and refund item with gained PV from the respective purchase order will also be deducted from the member. PV deduction process may be parallel to the Company’s operation timeframe, and it may not reflect on the same date of purchase cancellation. Members are not allowed to choose the date of PV deduction.

•Chapter 4: The Applied Shariah Concept

Article 16. Contract of Sales (Al-Bay’) 1) A sell and buy Shariah contract (aqd) happens between the Company and the buyer who would later become consumer or distributor by fulfilling the additional term and conditions laid by the Company.
2) A sell and buy Shariah contract (aqd) are done by mutual consent (at-taradhi), without elements of force or manipulation. Apart from that, the contract also has other specific conditions, namely:
 i. Goods. The goods/products sold must be in existence during the contract (aqd), known to both parties of the contract (aqd), is a legal property in the eyes of Shariah, owned by the Company and able to be given away.
 ii. Utterance of offer and acceptance (sighah). As for the offer and acceptance, both parties to the contract must manifest through signs or reactions that they agreed to the contract (aqd) and they mutually agree to the transfer of ownership of the goods/property in return of benefits.
 iii. Parties to the contract (aqd). The parties to the contract stated here between the Company and the Member.

Article 17. Contract of Incentive (Al-Jualah) 1) Contract of Commission (Al-Jualah) is a gift contract, tied to a work or role. It involves four pillars namely:
 i. Al-Ja’il: One who offers the gift which is the Company that manufactures the product and provide services.
 ii. Al-Maj’ul Lahu: One who is being offered the gift, which is the consumer or distributor.
 iii. Al-‘Amal: The work or role that would become the condition to obtain the gift, that is to do the marketing and sale of the product and to get new consumers or distributors for the Company.
 iv. Al-Ju’l: The gift/bonus which is a specified percentage of the price of the product or merchandise.

Article 18. Contract of Promise on Gift/Bonus/Prize (Al Waad bil Al-Hibah) 1) From the definition, Al-Waad means an expression of willingness of a person or a group of persons on a specific subject matter. Therefore, it is a unilateral contract based on the premise of the promisor and promisee(s). Meanwhile, Hibah simply means gift. It is a gift of movable or immovable property that occurs during the life of the settlor.
2) The Company will be the promisor and the Member will be the promisee, and the Company promise to give something as in gift, bonus or prize (Al-Hibah) to the Member based on their contribution as a Consumer or Distributor.

Article 19. Contract of Representative (Al-Wakalah) 1) Wakalah refers to a contract where a party (the Company), as principal (muwakkil) authorizes another party as his representative (wakil) to perform a particular task on matters that may be delegated, with or without imposition of a fee.
2) Terms and conditions that have been mutually agreed upon and are consistent with Shariah principles shall be binding on the principal and the representative.

Privacy and Security

The company is committed to protecting member’s privacy. The purpose of this Privacy Policy is to inform members as to what information may be collected whenever the member visits company website ("the Site") or when the member become a distributor, how such information will be used by the company and/or other persons or entities, with whom such information may be shared, choices regarding the collection, use and distribution of such information, ability to edit, update, correct or delete such information and the security procedures that the company has implemented to protect member’s privacy.

•Chapter 1: General

Article 1. Notice Collection of Information In instances where member may be asked for certain types of personal information (e.g., first and last name, NRIC number, mailing address, postal code, telephone number, email address, credit card number, bank information, etc.) and the member refuses to disclose such personal information to the company, this does mean that in some cases, the company may not be able to provide service requested and the potential member will not enable successful registration.

Article 2. Use of Information The company uses the information that is collected about members for a variety of purposes. In such cases members will be informed about these purposes at the time of collection. For instance, information about distributors will be used to provide services, calculate earnings and bonuses and ensure compliance with the company's regulations. In compliance with the Personal Data Protection Act 2010 and its requirements to maintain records, the company may need personal information for confirmation and reporting.

Article 3. Customer Information Sharing 1) The company may employ vendors to perform functions on their behalf, such as fulfilling orders, delivering packages, processing credit card payments, and providing customer service. As such, these vendors are under a contractual obligation to use confidential data received from Atomy Malaysia Sdn. Bhd. only for purposes that fall within the functions for which they are hired. However, when the company has reason to believe that the confidential data is necessary to identify, contact or bring legal action against persons or entities that may be harming the member, company or others, the company may also disclose information as required by the law.
2) Lineage report is report where information on members and members’ down-lines, including, but not limited to, name, identification number, level or rank and sales statistics. The reports provided to members in the strictest confidence and for the sole purpose of supporting the members to further develop their membership.

Article 4. Security The company takes reasonable steps to ensure that the personal information collected remains accurate, timely and secure. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. While the company strives to protect member’s personal information, complete security cannot be guaranteed or warranted. Hence the company shall not be responsible for any harm that member or any persons may suffer as a result of a breach of confidentiality in respect of the use of the company website or any information transmitted to the company website.

Article 5. Data Integrity Personal information will be kept in active files or systems as long as needed to meet the purposes for which it is collected or as required to perform the contractual relationship with the members, and the commercial relationship with the customer.

Article 6. Access or Alterations to Member’s Information 1) If the member identifies any inaccurate personal information and needs to make a change or would like to verify such information, please contact the company so that the information may be updated in the system records or the member may go online to one of Atomy Malaysia’s websites and update their own information.
2) Atomy Malaysia membership is considered for only persons above the age of 18. Hence, if the company become aware that personal information regarding a person under the age of 18 has been collected at the Site, reasonable efforts will be made to delete it from the company’s records.

Article 7. Use of Cookies “Cookies” are small pieces of information that are stored on computer hard drives. The Company may use cookies to recognize the member whenever the member returns to the Site in order to provide better user experience. The Company may allow third parties to use “cookies” on the website. The company does not control the use or contents of third-party cookies. If the member elect to block cookies, please note that full advantage of the features and functions of the site may be omitted.

Article 8. Third-Party Links The Site may contain links to websites operated and maintained by third parties over which the company has absolutely no control, e.g., logistic partner. Any information provided to third party websites will be governed under the terms of each websites' privacy policy and members are encouraged to investigate and ask questions before disclosing any information to the third-party operators’ websites. The company has no responsibility or liability whatsoever for the content, actions or policies of third-party websites.

•Chapter 2: PDPA Form In order to continue performing the contractual agreements entered between you and Atomy Malaysia Sdn Bhd [Company No: 201401043544 (1119724-A)], we may need to disclose your personal data to other entities within Atomy Malaysia Sdn Bhd, including its branches in Malaysia and in other countries as well as its local and overseas subsidiaries or, as the context may require, any of them and other external parties. The external parties to whom we may disclose your personal data include but not limited to
 (1) governmental and regulatory bodies such Bank Malaysia Malaysia and Securities Commission;
 (2) our business strategic partners such as Atomy Group. “Atomy Group” refers its branches in Malaysia and in other countries as well as its local and overseas subsidiaries or, as the context may require, any of them and/or
 (3) any third party service provider, agent or contractor who has been appointed by us or its related associated or affiliated companies to provide products/services in relation to their businesses; insurance companies/takaful operators, third-party claims adjusters, fraud detection and prevention services, reinsurance/takaful companies and regulatory authorities; any credit reference agencies or, in the event of default, any debt collection agencies, any credit rating organizations that collect information about credit history, accident fault, injury description and amounts paid and share it to other insurance companies or takaful operations and others and others entitled to see it; any assignee, nominee and such other third parties of our rights or business; any person to whom we are under an obligation to make disclosure under the requirements of any law, rules, regulations, court order, codes of practice or guidelines binding on us (collectively (2) and (3) referred to as “External Parties”). These External Practice may locate, store, maintain and/or process your personal data within or outside of Malaysia.

Under the Personal Data Protection Act (PDPA) 2010, we are required to obtain your explicit consent when we collect and process your sensitive personal data. We collect your sensitive personal data in order to assess your application and to administer the products and services that you have signed up for and to respond to your enquires and complaints, and to resolve disputes.

•Chapter 3: Declaration By agree this form, I am declaring and I am expressly consenting to and authorizing Atomy Malaysia Sdn Bhd and any External Parties to collect, hold, use, delete, disclose, transfer, administer and process in any other way, all my personal data (including sensitive personal data and personal data of other party provided by me) (hereinafter referred to as ‘Personal Data” given now or that is subsequently obtained from time to time for the purposes below. I understand that if I do not provide the Personal Data requested, Atomy Malaysia Sdn Bhd will not be able to carry out the purposes below:
1) To continue performing the contractual agreements entered with and and all other purposes which are required in relation to any products and services offered by Atomy Malaysia Sdn Bhd
2) To respond to your enquiries and complaints and to resolve disputes.
3) To support Atomy Group in respect of internal functions such as evaluating the effectiveness of marketing, market research, statistical analysis and modeling, reporting, audit and risk management and to prevent fraud from time to time.
4) For any purpose required by law or regulations.
I further confirm that all personal data (including sensitive personal data) that I have provided are all true, up to date and accurate. Should there be any changes to any of any personal data, I shall notify Atomy Malaysia Sdn Bhd immediately.
Note: From time to time, Atomy Malaysia Sdn Bhd may release your personal data (including sensitive personal data) to External Parties for marketing and promotional purposes that may be of interest to you. To receive such as information, your consent is required.