The Code of Ethics (hereinafter referred to as the “Code”) governs inter alia your business conduct, ethics and practices as Osem Reseller (hereinafter referred to as "Reseller") as well as your relationship with other Reseller and multi-level marketeers in the industry. As a Reseller, you must read and fully understand the Code and must strictly adhere to the same in every respect. Any breach, non-compliance or violation of the Code is a serious matter and may result among other things in termination of your Resellership.
Think Osem Sdn Bhd (Company No.1019329-D) (hereinafter referred to as the “Company”) reserves the right to amend or update the Code and it is your responsibility to check the Company’s official website from time to time for any amendments or updates to the Code. In any event, your continued participation in and conduct of the business will constitute your agreement to be bound by and adhere to the amended or updated Code.
1. CONDUCT TOWARDS PROSPECTIVE CONSUMERS/ CUSTOMERS
1.1 Prohibited Practices
Resellers shall not use or engage in any unlawful, unethical, misleading, deceptive or unfair sales, promotion and/or marketing practices.
1.2 Identification
From the beginning of the sales presentation, Resellers shall, without request, truthfully identify themselves to the prospective customer, and shall also identify the Company, the Company’s products and services and the purpose of their solicitation.
1.3 Explanation and Demonstration
Explanation and demonstration of the Company’s marketing plan (the “Marketing Plan”), products and/or services offered shall be accurate and complete, in particular with regard to price and, if applicable, price, terms of payment, and after-sales service.
Resellers shall honestly and truthfully represent the quality, value and performance of the Company’s products and services and reflect the integrity of the Company’s products and services through words, actions and conduct.
1.4 Answers to Questions
Resellers shall give accurate and understandable answers to all questions from prospective customers concerning the product, services and/or the offer.
1.5 Verbal Promises
Resellers shall only make verbal promises concerning the product and/or services which are authorised by the Company in writing.
1.6 Literature
Resellers shall only use flyers, promotional literature, advertisements or mailings approved and/or provided by the Company.
1.7 Testimonials
Resellers shall not refer to any testimonial or endorsement which is not authorised by the Company, not true, obsolete or otherwise no longer applicable, not related to their offer or used in any way likely to mislead the consumer.
1.8 Comparison and Denigration
Resellers shall refrain from using comparisons which are likely to mislead and which are incompatible with principles of fair competition. Points of comparison shall not be unfairly selected and shall be based on facts which can be substantiated. Resellers shall not unfairly denigrate any firm or product directly or by implication. Resellers shall not take unfair advantage of the goodwill attached to the trade name and symbol of another firm or product.
1.9 Respect of Privacy
Personal or telephone contact shall be made in a reasonable manner and during reasonable hours to avoid intrusiveness. A Reseller shall discontinue a demonstration or sales presentation upon the request of the consumer.
1.10 Fairness towards customers/ consumers
Resellers shall not abuse the trust of individual consumers, shall respect the lack of commercial experience of consumers and shall not exploit a consumer’s age, illness, lack of understanding or lack of language knowledge.
1.11 Referral Selling
Resellers 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 reductions or recovery are contingent upon some unsure future event.
1.12 Recruiting
Resellers shall not use unlawful, unethical, misleading, deceptive or unfair recruiting practices. Unless expressly permitted by the Company, Resellers shall not at anytime offer any free gifts, lucky draws or incentives to induce any individual to join as a Reseller. Resellers shall not at anytime force or threaten any individual to join as a Reseller.
1.13 Business Information
Information provided by the Resellers to prospective Resellers/ customers concerning the opportunity and related rights and obligations shall be accurate and complete and must have been approved by the Company. Resellers shall not make any factual representation to a prospective recruit which cannot be verified or make any promise which cannot be fulfilled. Resellers shall not present the advantages of the selling opportunity to any prospective recruit in a false or deceptive manner.
1.14 Earnings Claims
Resellers shall not misrepresent their actual or potential sales, income or earnings. Any sales, income or earnings representations made shall be based upon documented facts. Resellers shall truthfully portray the earning potential of the Marketing Plan. Resellers shall not represent, promote and/or market the Company’s Marketing Plan as an investment plan or “get rich quick” plan. Under the Marketing Plan, Resellers are paid based on their individual performance such as volume of sales achieved and are not guaranteed of any income or bonuses or assured of any success. Resellers can only generate income through hard work and their own individual efforts.
1.15 Fees
Save for the registration fees and such other fees imposed by the Company which shall be payable to the Company, Resellers shall not ask prospective Resellers/recruits to pay any other fees including without limitation, entrance fees, training fees, franchise fees, fees for promotional materials or other fees related solely to the right to participate in the business.
2. CONDUCT AMONG RESELLERS AND TOWARDS OTHER MULTI-LEVEL MARKETEERS
2.1 Fairness among Resellers
Resellers shall conduct themselves fairly towards other Resellers.
2.2 Pinching
Resellers shall not directly or indirectly influence/convince or otherwise attempt to influence/convince a prospective recruit to join/register under him/her where the said prospective recruit has already agreed to join/register under another Reseller. For example, the aforesaid prohibition would apply where the prospective recruit is chanced upon at Business Opportunities Presentation (“BOP”) and the Reseller is aware that the prospective recruit was invited by another Reseller. Resellers shall not directly or indirectly influence/convince or otherwise attempt to influence/convince another existing Reseller to join/register under him/her under a different name/identity.
2.3 Enticement
Resellers should not entice away or solicit any multi-level marketeers by systematic enticement towards other companies’ multi-level marketeers.
2.4 Denigration
Resellers shall not unfairly denigrate another company’s product, its sales and marketing plan or any other feature of that company.
2.5 Reseller will
- Conduct their business in an ethical and professional manner;
- Make it clear that success in the Company’s compensation program is based on retail sales rather than recruiting;
- Represent the compensation plan only as specified by the Company;
- Comply with applicable consumer protection laws and regulations;
- Provide training, motivation and support to Reseller in their organization.
2.6 Reseller will not
- Engage in deceptive, unlawful, or unethical business or recruiting practices (including cross sponsoring or recruiting;
- Engage in high pressure selling or recruiting practices;
- Make misleading sales claims or guarantees concerning the Company or its products;
- Sponsor or enroll minors or persons who are not capable of making an informed decision;
- Disparage, demean, or make negative remarks about the Company, its Reseller, products, Compensation Plan, officers, directors, or employees;
- Seek in any way to violate or circumvent Company policy, whether in spirit or deed.
3. GENERAL
3.1 Rules & Regulations
The Code read together with the Applicant Agreement, Reseller Agreement, Think Osem Rewards and Think Osem policies and procedures and the Website General Terms set out in the Resellership form (collectively, the “Rules & Regulations”) govern inter alia the business activities and conduct of the Reseller. The Rules & Regulations shall be read in the following order of precedence (i) the Think Osem Policies and Procedures; (ii) the Code; (iii) the Applicant Agreement; (iv) the Reseller Agreement and (v) the Website General Terms set out in the Resellership form. Where any conflict occurs between the provisions contained in two or more of the aforesaid documents, the document lower in the order of precedence shall where possible be read down to resolve such conflict. If the conflict remains incapable of resolution by reading down, the conflicting provisions shall be severed from the document lower in the order of precedence without otherwise diminishing the enforceability of the remaining provisions of that document.
3.2 Enforcement of the Code
Actions to be determined by the Company against a Reseller for breaches, non-compliance or violation of the Code may include without limitation, termination of the Reseller’s Resellership with the Company, placing the Reseller under probation, or such other appropriate action or sanctions as the Company deems fit. For avoidance of doubt, the aforesaid actions taken by the Company shall be in addition to and without prejudice to any other rights or remedies available to the Company under the Rules & Regulations, at law or in equity. Notwithstanding anything to the contrary, a failure by the Company to enforce the Code against any Reseller in any instance(s) will not give rise to any claim by any other Reseller or third party.
3.3 Waiver
Failure by the Company to enforce, at any time, any of provision of the Code shall not be construed as a waiver of its rights to enforce the breach of such provisions or any other provisions of the Code or as a waiver of any continuing, succeeding or subsequent breach of such provisions or other provisions of the Code.
3.4 Severance
If any provision of the Code (or part thereof) is held to be illegal or invalid under present or future laws or regulations effective and applicable during the continuance of the Code, such provision (or part thereof) shall be fully severable and the Code shall be construed as if such illegal or invalid provision (or part thereof) had never comprised a part of the Code and the remaining provisions of the Code shall remain in full force and effect and shall not be affected by the illegal or invalid provision (or part thereof) or by its severance from the Code.
3.5 Rules of Construction
No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of the Code or any part of it.
3.6 Translations
In the event of any inconsistency or conflict between the Code in the English language and the translated version(s) of the Code in other languages, the Code in the English language shall prevail with respect to such inconsistency or conflict.
