spinner

T: 03 - 7627 5181

E: inquiry@eostre.com.my

MEMBERS RESPONSIBILITY

Rules & Regulations – EOSTRE – Effective June 1, 2020

EOSTRE
RULES & REGULATIONS

Eostre Bhd., a Malaysian corporation (“EOSTRE,” “we,” and “ours,”) appreciates and understands the desire of our sales agents (“Agents”) to promote EOSTRE and/or Toga Limited (the “Group”) by sharing the latest news and information about the Group through videos, audio, images, documents, text, and any other type of medium (“Content”) on social media platforms including but not limited to, WeChat, Weibo, QQ, Facebook, Instagram, Twitter, and YouTube, or other external websites, platforms or channels (collectively, “Social Media Platforms”). However, unauthorized sharing of such Content may result in misrepresentation, misinterpretation, or misunderstanding about the Group that could negatively affect the Group’s reputation, as well as the reputation of the Group’s officers, directors, employees, or other affiliates. We therefore require you follow all of our Rules & Regulations (the “Rules”), effective as of, 1st June 2020, as set forth below, in order to create a favorable and positive business environment that supports and strengthens each other’s and EOSTRE’s reputation. These Rules should be read in association with our Privacy Policy and Terms of Use.

By enrolling as an Agent with Eostre or otherwise engaging with EOSTRE’S platform, you agree to adhere to the following policies:

  1. You Must Be at Least 18 to Register as an Agent. An individual must be at least eighteen (18) years old to register as an Agent. Individuals under eighteen (18) who register as an Agent are in violation of this provision. EOSTRE may terminate the Agent status of individuals that violate this provision and may take other actions against that individual, as permitted by law, including suspension of that individual’s account on our platform. For more information regarding termination of service, please see EOSTRE’s Terms of Use. EOSTRE will not respond to any complaints from individuals whose Agent status has been revoked as a result of a violation of this provision.
  2. Agent Accounts May Not Be Shared. Agents may not disclose their personal EOSTRE account information or account password to any third party and account ownership may not be transferred from one party to another party. If account ownership is transferred, that account will be terminated Additionally, Agents must not login to an account other than their own. ESOTRE shall not be liable if any account has been accessed by or misused by any accountholder or third party. For more information regarding this and other platform restrictions, please see EOSTRE’s Terms of Use.
  3. Agent’s Account May Not Be Transfer to Third Party. All Account registered in Eostre’s platform is eligible to transfer to third party (if any). However, Agents agree that to transfer such particular account, Agents are only allowed to make one-time application and transfer only once to the third party and such third party are not allow to transfer that particular account to another individual. The procedure to transfer such account shall take at least SEVEN (7) working days for carry out those related submission, correction and verification, whichever is relevant and applicable.
  4. Confidentiality. Agents must not share confidential information of the Group without EOSTRE’s prior written consent. Confidential information includes, but is not limited to, information provided to the Agent on the EOSTRE platform that is not publicly available, the Agent’s member ID number, the Agent’s income or commissions, or any other information deemed confidential by EOSTRE.
  5. Submitting Content on EOSTRE’s Platform. Agents agree to provide accurate, truthful, current and complete information during the account registration process. Additionally, by submitting information or Content on our platform you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to lawfully submit, post or display such Content. Additionally, we reserve the right (but assume no obligation) to delete, move, or edit any posted or shared Content on our platform that we consider unacceptable or inappropriate, whether for legal or other reasons.
  6. Intellectual Property. Agents may not use any name, logo, trademark or other intellectual property of the Group, or any of the foregoing that is similar to, or that contains any Content that relates to or may be confusingly similar to that owned by the Group, on Social Media Platforms or otherwise, without Toga Limited or EOSTRE’s prior written consent, as applicable. For more information regarding our intellectual property rights, please see EOSTRE’s Terms of Use.
  7. Sharing of Misleading or Deceptive Information Related to the Group Is Prohibited. Agents must not create, share, publish, or post any deceptive or misleading Content on EOSTRE’s platform, or any other Social Media Platform, that may damage the Group, Agents, EOSTRE’s competitor(s), or EOSTRE’s competitor’s agent(s) in any way, directly or indirectly. Agents also must not create, share, publish, or post any deceptive or misleading Content related to any political party(ies) or public figure(s) such as government officers, celebrities, etc., in relation to the Group on any Social Media Platforms, or on EOSTRE’s platform.
  8. Agents Must Not Share Non-EOSTRE Products or Services During EOSTRE-Related Presentations or Events. Agents must not provide, present, share, or promote non-EOSTRE products, services, or projects to prospective or existing Agents or clients during any meeting(s) or activity(ies) while providing, presenting, sharing, or promoting anything in relation to EOSTRE.
  9. Agents May Not Enter Into Agreements on Behalf of the Group. Agents may not enter into any agreement, whether written or oral, for or on behalf of the Group, with any individual, body corporate, organization, proxy or nominee, or any other entity.
  10. Team Leaders May Not Rehire Former Employees. Team Leaders may not re-hire any employees who have left, resigned, or been terminated from the Group. Any Team Leader that hires such former employee(s) is in violation of these Rules. EOSTRE may terminate the Agent status of Team Leaders that violate this provision and may take other actions against that individual, as permitted by law, including suspension of that individual’s account on our platform. For more information regarding termination of service, please see EOSTRE’s Terms of Use.
  11. Rules Related to Events Over Fifty (50) People. If an Agent wishes to organize a meeting or event (“Event”) for more than fifty (50) people, the Agent must obtain approval via written consent from EOSTRE at least one (1) month prior to the Event date. Approval will be granted in the sole discretion of EOSTRE.
  12. Agents May Not Share EOSTRE-Branded Content Without EOSTRE’s Approval. Agents may not publish, post, or share any Content related to EOSTRE conferences or meetings on any Social Media Platforms without EOSTRE’s prior written consent. All photos from EOSTRE conferences or meetings must be submitted to EOSTRE’s customer service or marketing consultant for their prior written approval prior to being published, posted or shared on any Social Media Platforms.
  13. Agents Must Not Sell EOSTRE Product at Any Price Lower Than the Retail Price. Agents are not allowed to market and sell any EOSTRE Product for the price lower than the Retails Price as per in the EOSTRE Website or as notified by EOSTRE from time to time. Any Agents who sell EOSTRE Product less than the Retail Price is in violation of these Rules. EOSTRE may terminate the Agent that violate this provision and may take other actions against that individual, as permitted by law, including suspension of that individual’s account on our platform. For more information regarding termination of service, please see EOSTRE’s Terms of Use.
  14. Agents Must Not Submit EOSTRE Product Complaints. Agents are not allowed to file or submit complaint(s) about any EOSTRE product(s), or those of EOSTRE’s supplier(s). Doing so is a violation of these Rules. Any Agent that violates this provision may be blacklisted for the first violation. Any Agent that violates this provision at least two times may have their account frozen. Any Agent that violates this rule three or more times may have their account terminated. For more information regarding termination of service, please see EOSTRE’s Terms of Use.
  15. Complaints.
    1. In the event any issues/complaints arise, EOSTRE will decide after an investigation. The decision of EOSTRE shall be final and no appeal on EOSTRE’s decision shall be entertained. EOSTRE reserves the right to take any action such as to terminate the account or any punitive action permitted by law.
    2. When a complaint/case is proved with sufficient evidence, the account of the violator will be suspended immediately for fourteen (14) days and the account of the direct issuer, the direct leader of the issuer, and/or the leader may also be suspended according to the seriousness of the issues.
    3. If the same offence is repeated for a second time, punitive action be taken against the violator and all of the violator’s accounts will be suspended immediately for thirty (30) days. Further, the account of the direct issuer, the direct leader of the issuer, and/or the leader may also be suspended for 30 days or until the penalty has been fully settled according to the seriousness of the issues.
    4. The account(s) of the violator will be terminated permanently if the violator committed the same offence more than twice.
  16. Rewards shall be granted to the Agent in accordance to the name of the Agent. Agent acknowledges and agrees that he/she is eligible to ONE reward only for every single promotion or event of Eostre. For avoidance of doubt, even if the Agent have more than one account registered under his/her ownership/name, the Agent shall be eligible to redeem, accept or granted ONE rewards only instead of more than one rewards with numbers of accounts owned by the Agent.
  17. Eostre’s decision shall be final. Each decision made by Eostre shall be final. The decision shall include and not limited to grant of rewards, transfer of account, suspension of account and disciplinary action which may carry out by Eostre, from time to time, whenever is required, relevant and permitted by the law. Eostre shall have sole discretion to carry out such final decision and have no obligation to entertain any appeal or objection, if any, made by the Agent.

EOSTRE has established an internal Rules and Regulations Committee which will be initially headed by Mr. Rick Tan, EOSTRE’s Rules and Regulations Committee Chair (the “Regulations Chair”). The Regulations Chair regularly reviews and manages Agents’ compliance with these Rules. If any Agent or employee of EOSTRE discovers or observes any violation or attempted violation of these Rules, they should submit a report to the Regulations Chair that includes evidence of the violation (e.g. screenshots, URLs, etc.), if any. The identity of the individual reporting the violation will be kept private and confidential. Such reports may result in an investigation, depending on the facts and circumstances of the alleged violation. If an investigation ensues, and if the alleged violation or alleged attempted violation is found by EOSTRE to be true, the account of the violator will be frozen immediately. In some instances, the Regulations Chair may require the violator to produce a show cause letter that details the reasons for their violation, and depending on the reasons stated in the letter, the Regulations Chair may either issue a warning letter to the violator, or permanently close the violator’s account. The Rules and Regulations Committee has the exclusive discretion to make the final decision. For more information regarding termination of service, please see EOSTRE’s Terms of Use.

In no event shall EOSTRE or Toga Limited be liable to Agents or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages arising out of, relating to, or in connection with any breach of these Rules, and will not be liable for any consequences in the event that an Agent makes any unauthorized speech or posts unauthorized Content without EOSTRE or Toga Limited’s approval, as applicable.

In order to build a favorable and positive business environment, Agents are required to comply with all of these Rules. We reserve the right to change these Rules prospectively, effective upon the posting of a revised version of these Rules, and your use of the EOSTRE platform indicates your consent to the Rules posted at the time of use. You are responsible for periodically visiting the EOSTRE platform and reviewing these Rules to check for any changes. To the extent any provision of these Rules is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.