The following Member Agreement qualifies as the Terms and Conditions for Members (collectively, the “Agreement”) and contains all of the terms, conditions and policies between Younger Me and Younger Me Members.
All Younger Me Members must comply with this Agreement, and all transactions conducted on our website and app (collectively, the “Sites”) must be consistent with any applicable legal rules and regulations, including but not limited to any other applicable terms and conditions, policies and agreements of Younger Me. Failure to comply with any parts or provisions in this Agreement may result in temporary suspension or permanent removal from our Sites.
Younger Me may amend the Agreement at our sole discretion and at any time. The most recent version of the Agreement, as may be amended, modified, edited and changed by Younger Me from time to time, will be made available on our Sites. You hereby understand and agree that the posting of the Agreement on our Sites constitutes as adequate notice to inform you of any amendments to the Agreement and you further agree to be bound by any such amendments.
By registering as a Younger Me Member, you hereby understand and agree to be bound to this Agreement as well as other policies of Younger Me, which are incorporated into and considered a part of this Agreement.
You understand and agree that:
- You will provide us with truthful, accurate, current and complete personal information, including but not limited to your name, address, contact, email and valid banking information, upon registration as a Younger Me Member and will maintain the accuracy of such information;
- You have the right to participate as a Younger Me Member and promote Younger Me, our Sites and products and services (collectively, the “Merchandise”), including selling and distributing Younger Me’s Merchandise, in means and methods as approved by Younger Me;
- You will make no claims regarding Younger Me, our Sites and Merchandise beyond what is stated and approved by Younger Me;
- You will use the best of your abilities and efforts to promote Younger Me, our Sites and Merchandise in a manner that is favorable to Younger Me and your fellow Members;
- You are responsible for the order process, shipping and delivery of the Merchandise that are purchased through you;
- You are responsible for resolving any disputes that may arise from your sale of our Merchandise;
- You are responsible for all applicable taxes and for all costs incurred by participating as a Younger Me Member;
- You will not use or manipulate your position as a Younger Me Member for any fraudulent activity or purpose, including but not limited to providing false information or description of our Merchandise, collecting payment from buyers and not providing the purchased Merchandise, and accepting payment and sending an item significantly different from the ordered Merchandise;
- You will not spam our system and/or impose an unreasonably or disproportionately large load on the system, or put any material on our Sites that contains any virus, trojan horse, worm, time bomb, cancelbot or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- You will always maintain a professional image and conduct, and agree not to use any harsh language or profanity in your behavior or in communications with a buyer, fellow Member or any individual associated with Younger Me;
- You are solely responsible for any and all actions taken under your account, and you will not disclose your account details or any part or provision of Younger Me’s business operations to anyone;
- You understand that this Agreement may be amended from time to time at the sole discretion of Younger Me, and your continued status as a Younger Me Member and usage of your Younger Me account shall constitute your acceptance of any and all amendments; and
- You and Younger Me are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
You further warrant and represent as follows:
- You are of legal age in your country, state, province or territory of residence, and you have the legal right and capacity to contract under this Agreement and to sell Younger Me Merchandise as a Younger Me Member;
- You shall be responsible for any and all activities under your Younger Me Member account, and will pay all costs of marketing and distributing Younger Me merchandise and agree to hold Younger Me harmless from all costs; and
- All information, including without limitation, your name and contact details, that you provide to Younger Me, are true and accurate, and you will maintain the accuracy and validity of your information at all times.
With respect to Younger Me’s Merchandise, you understand and agree that:
- Prices of the Merchandise shall be in Malaysian Ringgit and may be subject to change from time to time at the sole discretion of Younger Me without prior notice;
- All Younger Me’s Merchandise will be branded in accordance with the company’s trademark. All trademarks, service marks, trade names and logos identifying Younger Me and our Merchandise are and will remain the exclusive property of the company or its licensors. As a Member, you are granted a limited, non-exclusive, non-transferable right to use such marks solely to market and promote Younger Me, our Sites and Merchandise and only in accordance with the company’s approved guidelines;
- You will promote Younger Me, our Sites and Merchandise in accordance with the company’s policies and procedures, and will, at your expense, obtain and maintain any governmental authorizations that may be required under the laws to market the Merchandise. You also understand and agree that you are responsible for complying with the local laws and regulations in regards to the marketing and promotion of our Merchandise;
- You shall not remove, alter or obscure any copyright, patent, trademark or other notice that appears on the Merchandise;
- You will represent our Merchandise completely and honestly without exaggeration to all potential customers and new and potential Younger Me Members. Members will not engage in deceptive or unlawful consumer practices nor make fraudulent claims about Younger Me, our Merchandise, Sites or other Younger Me related entities; and
- You shall not create, publish, distribute or permit any written material that makes reference to Younger Me and Younger Me Merchandise without first submitting such material to us and receiving our prior written consent.
The terms for the Member as described in this Agreement are confidential, and you hereby agree that you will not disclose the terms of this Agreement to any party, other than to lawyers and accountants who are on a strict need-to-know basis or as required by applicable public records and other law, if you have taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties. In the event of a breach, Younger Me is entitled to injunctive relief and a decree for specific performance, and any other relief allowed under applicable law, including monetary damages if appropriate.
You understand that you are obliged to keep the business secrets and structure of Younger Me private and confidential, and agree to only disclose information which can be demonstrated. This obligation shall remain intact following the termination of the Younger Me Member Agreement.
You understand and acknowledge that during your term as a Younger Me Member, you may not mention negatively, detractingly or otherwise illegally the brand names of any competition, may not evaluate other companies negatively or detractingly, and furthermore may not apply negative, despising or other illegal evaluation in order to recruit members of any other companies.
You understand that Younger Me shall immediately terminate your participation as a Member and bar access to your Younger Me account if we suspect that you have carried out or otherwise connected with any spamming or have been transmitting unsolicited bulk email, marketing faxes, text messages or marketing phone calls. You acknowledge that you have reviewed and agreed to abide by Younger Me’s Anti-Spam Policy, which is incorporated by reference into and made part of these Terms and Conditions.
You understand that you will remain bound by this Agreement until you send to Younger Me a notice of termination or upon termination by the company. Upon termination of your account and this Agreement for any reason whatsoever, you understand that you will lose all rights as a Younger Me Member and your account shall be disabled, suspended and/or terminated.
While we try to keep our Sites and Services safe, secure and properly functioning, Younger Me cannot guarantee the continuous operation of or access to our Sites and Services. You agree that you are making use of our Services at your own risk, and that they are provided to you on an “as is” and “as available” basis.
Younger Me shall not be responsible or liable for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party's source of supply, government decrees or orders, or the negligence or intentional acts of persons not within the Company's control or system failures.
INDEMNITY AND WAIVER
To the extent permitted by law, you understand and agree that Younger Me shall not be liable for, and you waive all claims for, any direct, indirect, special or consequential damages or any other loss incurred or suffered by you that is in any way related to this Agreement or your participation in our Sites and Services. This includes the use of the Sites and Services by any other person using your account caused by your action or inaction.
In addition, to the extent permitted by applicable law, Younger Me is not liable, and you agree not to hold us responsible, for any damages or losses, including but not limited to loss of money, goodwill or reputation, profits, other intangible losses or any special, indirect or consequential damages, resulting directly or indirectly from the content you provide using the Sites and Services, your use of or inability to use our Services, the content, actions or inactions of third parties, or your need to modify practices, content or behavior, or your loss of or inability to do business as a result of changes to this Agreement or our policies.
If you breach the Agreement or any part or parts of the Agreement and Younger Me does not take action against you, it does not indicate a waiver for us to exercise our rights and remedies in any other situation where you breach the Agreement. Any waiver by Younger Me of any breach of this Agreement must be in writing and signed by an authorized representative of Younger Me. The waiver of any breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
In the event that a part, or parts, of the Agreement is held to be invalid or unenforceable, such part or parts shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement shall remain in full force and effect.
GOVERNING LAW AND JURISDICTION
This Agreement, together with all policies and procedures, are governed by and construed in accordance with the laws of Malaysia. All disputes and claims relating to Younger Me, our terms, our Sites, Merchandise and Services, the rights and obligations of Younger Me and/or any other claims or causes of action relating to the performance of Younger Me under this Agreement shall be settled totally and finally by arbitration in Kuala Lumpur, Malaysia, or such other location as we prescribe, in accordance with the Malaysian Arbitration Act 1952 and Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration.
If a visitor, user or other parties of Younger Me files a claim or counterclaim against our company, he or she shall do so on an individual basis and not with any other person, individual or party or as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. Each of the parties shall be responsible for one-half of the total of: (1) the arbitrator's or arbitrators' fees; and (2) the costs of arbitration. This agreement to arbitrate shall survive any termination or expiration of the Agreement.
The parties consent to jurisdiction and venue before any national, federal, state, provincial, or territorial court in Malaysia for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.