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HOTWAVE Membership Terms & Conditions

DECLARATION

YOU confirm that you have full knowledge, understanding, and acceptance of all the terms and conditions upon successful registration as HOTWAVE Member. You agree that Hotwave Sdn Bhd reserves the right to amend the terms & conditions at any time, in HOTWAVE’s sole discretion, by posting any such amendment(s) to HOTWAVE’s website without prior and separate notice. Your continued use of the products and services after an amendment to the terms & conditions posted will be deemed as full knowledge and acceptance of the revised terms & conditions. If you do not agree to any such amendment(s), YOUR sole recourse shall be to cease using the products and services.

Sign Up

Membership is open to individuals who are 18 years of age and above. Residents with Malaysia’s National Registration Identity Card (NRIC) and non- residents of Malaysia with valid Passport, downloaded HotWAVE Business App may apply for membership.

Annual Fee

No annual fee will be charged for the Membership.

Membership Unique Number

Each HOTWAVE Member will be auto assigned with a unique Membership Identification Number (MGMID) by downloading through HotWAVE Business App and you are required to set a password for the purpose of inquiry and calculation of credit points or for redeeming other related benefits.

These Terms and Conditions (including the Policy on Privacy and Data Protection) govern the use of credit points by members, and set out the terms of the agreement between HOTWAVE Sdn Bhd and each Member with regards to the Program. A person intending to participate in the Program can sign up and register for the Program with HOTWAVE Sdn Bhd by applying for Membership and can then earn credit points on HOTWAVE’s products and services. By applying to register with the Program or using HOTWAVE Business App, a Member is deemed to have accepted these Terms and Conditions. HOTWAVE Sdn Bhd may, in its sole discretion decide and without the need to assign any reason, refuse an application made by any person to be a Member.

Termination

HOTWAVE Sdn Bhd reserves the right to, at any time, vary or terminate the Program or any privileges under the Program or withdraw the membership from use without prior notification to Members and without being liable in any way to Members. HOTWAVE may, at its sole discretion, remove any or all Members from the Program at any time. Membership will be auto terminated if they are not active over 6 months without notice.

Promotion

Without prior approval from HOTWAVE Sdn Bhd, Member shall refrain from:

    a) Promoting HOTWAVE’s products and/or HOTWAVE’s activities through any form of the advertisement; or

    b) Recruiting new Member through media.

    Except activities and advertisement approved by HOTWAVE Sdn Bhd.

    HOTWAVE Sdn Bhd reserves the right to accept or reject any application for any reason at its discretion including applications that contain incomplete, inaccurate, false or misleading information. Any alteration or modifications will be subjected to verification.

    1. Nationwide BOLE Enterprise will be solely responsible for the compliance with applicable taxation requirements.

    2. At any time, Nationwide BOLE Enterprise action or conduct must not damage HOTWAVE's interest and reputations.

    3. Nationwide BOLE Enterprise and Business Mentor have to fulfil business requirements set by the company to qualify to enjoy the benefits, privileges and recognitions.

    4. HOTWAVE reserves the right to amend the Membership Terms & Conditions without any prior notice or explanation and Nationwide BOLE Enterprise and Business Mentor agree to keep abreast and be bound by all changes and updates.


PRIVACY PROTECTION

PDPA

YOUR acceptance of this Membership Terms & Conditions or your act of using the products and services constitutes your consent to the use, application and disclosure of your personal information by HOTWAVE Sdn Bhd according to the following provisions and the Privacy Policy.

Security

You are required to set a password upon registration as identification of your HOTWAVE Membership. The password is the sole means by which you get access to your account. Once you divulge your password to others, your personal identification information may subject to theft, thus leading to legal consequences to your disadvantage. Should you sense any potential or realistic threat, arising from whatever reason, to the application of your username and password, you shall contact HOTWAVE Sdn Bhd immediately, and shall not hold HOTWAVE Sdn Bhd liable for any loss or damage incurred prior to HOTWAVE Sdn Bhds action against the threat.

Fraud or Misconduct

HOTWAVE Sdn Bhd reserves the right to block a Member from accessing his/her account online if HOTWAVE Sdn Bhd has reasonable grounds to suspect that fraud or misconduct has been committed by the Member or a third party. While HOTWAVE Sdn Bhd uses reasonable efforts to include up to date information in the mobile app, Website and in all its publications. HOTWAVE Sdn Bhd makes no warranties or representations as to their accuracy, reliability, completeness or otherwise.

System Down or Failure

HOTWAVE Sdn Bhd shall not be liable for any loss or damage in the event of system down or non- performance of the SERVICE as a result of the following causes:

    • Servers are down for maintenance with relevant notice posted on HOTWAVE Sdn Bhd website;

    • Data communication fails as a result of telecommunication equipment failure;

    • HOTWAVE Sdn Bhd’s system fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism, and other force majeure incidents.

    • Service is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of telecommunication providers, website upgrades, technical difficulties with banking systems, etc.

Limitation of Liabilities

HOTWAVE Sdn Bhd is responsible only for obligations expressly stated in this membership terms & conditions. Membership user data is offered by the user on voluntary basis. HOTWAVE Sdn Bhd does not guarantee the accuracy, timeliness, completeness of any information provided in connection with the products and services. You shall take full responsibility for your own judgement.

Partners of the product and services are responsible for the quality and content of the service they provide, for which the HOTWAVE Sdn Bhd bears no liability.

You must evaluate and bear all risks associated with the use of any content downloaded or acquired through the SERVICE. You shall take full responsibility for any damage or loss of data on your computer system caused by your decision to download the information.

Trademark and Intellectual Property Rights Protection

All intellectual property rights (including without limitation to trademark, patent, copyright, trade secret, etc.) of HOTWAVE Sdn Bhd and its content (including without limitation to the texts, photos, documents, information, reference, website framework, website graphics and webpage design) are owned by HOTWAVE Sdn Bhd as permitted by law.

None of the programming information or content of HOTWAVE Sdn Bhd website may be used, revised, copied, transmitted, altered, disseminated, distributed or publicized without prior written consent from HOTWAVE Sdn Bhd.

YOU are obliged to respect intellectual property rights, the breach of which may render you liable for damages incurred.


NOTICE ON NON-COMPETITION AND NON-SOLICITATION

HOTWAVE Branch, Nationwide BOLE Enterprise and/or Business Mentor appointed by HOTWAVE have respectively entered into agreements with HOTWAVE and thereby granted the rights to recruit HOTWAVE Members, market and sell HOTWAVE Products & Services inter alia on the following material terms and conditions:-

1.) that, during the term of the Agreement and for a period of twelve (12) months after termination or determination thereof, you shall not by yourself or in collaboration with any individual and/or entity:-

    • act as agent, distributor, branch, dealer and/or officer of any other company which is engaged in a business that is similar or in competition with the business of HOTWAVE;

    • offer, market, promote, distribute and/or sell any product and/or services which are the same or similar in nature with HOTWAVE’s Products & Services in any manner whatsoever; and/or

    • transfer, assign, charge, part in any manner or purport to assign, transfer, charge, part with the rights, benefits, obligations and/or liabilities herein contained without HOTWAVE’s prior written consent.

2) that, during the term of the Agreement and for a period of twelve (12) months after termination or determination thereof, you shall not by yourself or in collaboration with any individual and/or entity: directly or indirectly solicit or attempt to solicit any business whatsoever from any of the HOTWAVE, Nationwide BOLE Enterprise and/or Business Mentor without the prior written consent of HOTWAVE.

3) that, during the term of the Agreement and for a period of twelve (12) months after termination or determination thereof, you shall not:-

    • directly or indirectly, on your own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit or induce, any HOTWAVE Nationwide BOLE Enterprise, Business Mentor, Members and/or any staff or employee of HOTWAVE, to terminate their business/employment relationship with HOTWAVE.

TAKE FURTHER NOTICE that should you be in breach of any of the material terms on Non-Competition and Non-Solicitation aforementioned, HOTWAVE reserves its right to forthwith terminate the Agreement you have entered with it, without prior notice to you.

For avoidance of any doubt, the material terms aforementioned shall be deemed to have been incorporated into the Agreement you have entered into HOTWAVE by way of modification pursuant to this notice.

HOTWAVE further reserves its rights to alter or otherwise vary the terms and conditions of the agreement at any time and shall provide you notice thereof by electronic mail or by publishing the change of terms on our website http://nbe.hotwave.asia or by other reasonable means. It is your responsibility to regularly check the website to determine if there have been changes to the terms and conditions and to review such changes. Should you be dissatisfied with any terms or conditions, you may terminate the agreement by providing Thirty (30) day written notice under the agreement failing which you shall be deemed to have consented to the terms and conditions of the agreement as modified and/or varied from time to time.

Your continued use, marketing and sale of the HOTWAVE Products and Services or involvement thereof after notice of any change to the terms and conditions shall also be deemed to be your agreement to the amended terms and conditions of the agreement.


HOTWAVE MEMBER CODE OF CONDUCT

The Code is intended to govern the conduct of all HOTWAVE Members. The principles set out do not interpret, qualify or supplant the law of the land, and are not intended to be applied to non-consumer sales. These principles do not replace the rights or remedies a consumer may derive by virtue of any agreement, the common law or any legislation. It is nevertheless conceivable that conduct which is the subject of a contract and which may not be in conflict with statutory or common law, may still amount to an unacceptable business practice in terms of the Consumer Affairs.

It should not be overlooked that consumers also have a role to play. They must fully appraise themselves of their rights and obligations as they are set out in any relevant contract that they may conclude with a HOTWAVE NBE and member.

Definitions
Partners of the product and services are responsible for the quality and content of the service they provide, for which the HOTWAVE Sdn Bhd bears no liability.

  1. Party selling: Selling through explanation and demonstration of products to an individual or a group of prospective customers by HOTWAVE Member(s), usually in the home of a hostess who invites others for this purpose.
  2. Product: Product includes goods and services, both tangible and intangible.
  3. Recruiting: Any activity conducted for the purpose of inducing another person to become a HOTWAVE Member.
  4. Selling: Selling includes contacting potential customers, presenting and demonstrating products, taking of orders and delivery of goods and the collection of payment.

Limitation of Liabilities

Partners of the product and services are responsible for the quality and content of the service they provide, for which the HOTWAVE Sdn Bhd bears no liability.

Code of Conduct towards Consumers

HOTWAVE Member shall immediately and truthfully identify themselves to their prospective customers. They shall also identify the HOTWAVE Member organisation that they represent as well as the nature of their products and purpose for the approach.

Information

Explanation and demonstration of the product offered shall be accurate and complete, in particular with regard to price and, if applicable, credit price (any interest rate charged on an annual compounded basis should be clearly stated in the original agreement), terms of payment, cooling-off period or return rights, terms of guarantee and after-sales service and delivery. The emphasis must be on placing the consumer in a position to make an informed decision having been given all the relevant details on the product and relevant pricing.

Complaints and Responsibilities

In the event of a consumer complaining that a HOTWAVE Member, in offering for sale the products of a HOTWAVE Member, has engaged in any improper course of conduct pertaining to the sales representation of its goods, the HOTWAVE Member shall promptly investigate the complaint and shall take such steps as it may find appropriate and necessary under the circumstances to assist with the redress of any wrongs which its investigation discloses to have been committed. In all instances a consumer retains the right to refer any complaint to the Consumer Affairs Committee should a HOTWAVE Member unable to resolve the complaint to the complete satisfaction of the consumer.

Referral Selling

HOTWAVE Members shall not induce a customer to purchase goods or services based upon the representation that a customer can reduce or recover the purchase price by referring prospective customers to the sellers for similar purchases, if such reduction or recoveries are contingent upon some unsure future date. HOTWAVE Member shall not promise or grant customers unreasonably high financial advantages for the recommendation of another customer.

Recruiting

HOTWAVE Member shall utilise only the highest level of ethics in recruiting HOTWAVE Member. Information provided by the HOTWAVE Member to prospective HOTWAVE Member concerning the opportunity and related rights are to be true and complete. HOTWAVE Member shall not make any statement to any prospective recruit which cannot be verified or make any promise, which cannot be fulfilled.

Recruiting Rewards

No HOTWAVE Member shall represent that benefits can be gained solely by introducing others and must promote the business as an opportunity for every participant to retail bona fide products to consumers at a realistic profit. Compensation must be tied to ultimate sales. Reasonable cash rewards and other incentives for bringing in new recruits are acceptable. Recruiting can be rewarded by offering incentives based on another recruit’s sales.

General

The primary responsibility for the observance of the Code shall rest with each HOTWAVE Member. In case of any breach of the Code, HOTWAVE Members shall make every reasonable effort to satisfy the complainant.

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COPYRIGHT © 2020 HOTWAVE SDN BHD. ALL RIGHTS RESERVED.

Redress your complaints at the Consumer Forum Malaysia (CFM)

www.complaint.cfm.org.my